Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
SYNOPSIS
Requires HIV testing for offense of engaging in prostitution.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mandatory HIV testing and amending P.L.1993, c.364.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1993, c.364 (C.2C:43-2.2) is amended to read as follows:
4. a. In addition to any other disposition made pursuant to law, a court shall order a person convicted of, indicted for or formally charged with, or a juvenile charged with delinquency or adjudicated delinquent for an act which if committed by an adult would constitute, aggravated sexual assault or sexual assault as defined in subsection a. or c. of N.J.S.2C:14-2 or convicted of engaging in prostitution under paragraph (1) of subsection b. of N.J.S.2C:34-1 to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS. [The] Except in cases involving a conviction under paragraph (1) of subsection b. of N.J.S.2C:34-1, the court shall issue such an order only upon the request of the victim and upon application of the prosecutor made at the time of indictment, charge, conviction or adjudication of delinquency. The person or juvenile shall be ordered by the court to submit to such repeat or confirmatory tests as may be medically necessary.
As used in this section, "formal charge" includes a proceeding by accusation in the event that the defendant has waived the right to an indictment.
b. A court order issued pursuant to subsection a. of this section shall require testing to be performed as soon as practicable by the Commissioner of the Department of Corrections pursuant to authority granted to the commissioner by sections 6 and 10 of P.L.1976, c.98 (C.30:1B-6 and 30:1B-10), by a provider of health care, at a health facility licensed pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12) or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170). The order shall also require that the results of the test be reported to the offender and to the appropriate Office of Victim-Witness Advocacy.
c. The Office of Victim-Witness Advocacy, established pursuant to section 5 of P.L.1985, c.404 (C.52:4B-43), shall reimburse the Department of Corrections, Department of Health or the Juvenile Justice Commission for the direct costs incurred by these departments for any tests ordered by a court pursuant to subsection a. of this section. Reimbursement shall be made following a request from the department.
d. In addition to any other disposition authorized, a court may order an offender at the time of sentencing to reimburse the State for the costs of the tests ordered by subsection a. of this section.
e. Upon receipt of the result of a test ordered pursuant to subsection a. of this section, the Office of Victim-Witness Advocacy shall provide the victim with appropriate counseling, referral for counseling and if appropriate, referral for health care. The office shall notify the victim or make appropriate arrangements for the victim to be notified of the test result.
f. The result of a test ordered pursuant to subsection a. of this section shall be confidential and employees of the Department of Corrections, the Juvenile Justice Commission, the Office of Victim-Witness Advocacy, a health care provider, health care facility or counseling service shall not disclose the result of a test performed pursuant to this section except as authorized herein or as otherwise authorized by law or court order. The provisions of this section shall not be deemed to prohibit disclosure of a test result to the person tested.
g. Persons who perform tests ordered pursuant to subsection a. of this section in accordance with accepted medical standards for the performance of such tests shall be immune from civil and criminal liability arising from their conduct.
h. This section shall not be construed to preclude or limit any other testing for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS which is otherwise permitted by statute, court rule or common law.
(cf: P.L.1995, c.280, s.22).
2. This act shall take effect the first day of the next month following the date of enactment by at least 180 days.
STATEMENT
This bill would require mandatory testing for the human immunodeficiency virus (HIV) and auto-immune deficiency syndrome (AIDS) for anyone convicted of the offense of engaging in prostitution contrary to paragraph (1) of subsection b. of N.J.S.2C:34-1. "Prostitution" is defined as "sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of value." The court may order the offender to reimburse the State for the costs of the testing.
Unprotected sexual encounters with an HIV-infected person are one of the primary means by which the virus is spread; having multiple sexual partners can further increase the risk of HIV infection. Accordingly, people who engage in acts of prostitution are at particularly high risk of contracting and spreading HIV. Because the symptoms of HIV may take months or years to become manifest, people who are not tested for the virus are often not aware they have become infected and consequently do not take measures to prevent the spread of the virus to others. Additionally, such people are not able to take advantage of the medical treatments and therapies available to combat HIV infections.
This bill would help promote awareness of HIV infection among a high-risk population and help prevent the spread of HIV and AIDS.