HB 109: "An Act relating to blood tests for persons charged with sex offenses; and providing for an effective date."
00HOUSE BILL NO. 109 01 "An Act relating to blood tests for persons charged with sex offenses; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.15 is amended by adding new sections to read: 05 ARTICLE 4B. BLOOD TESTS OF PERSONS CHARGED WITH SEX OFFENSES. 06 Sec. 18.15.300. ORDER FOR BLOOD TEST; DISCLOSURE OF RESULTS. 07 (a) A defendant charged in a criminal complaint filed with a magistrate or court with 08 a violation of AS 11.41.410 - 11.41.440 and a minor with respect to whom a petition 09 has been filed in a juvenile court alleging violation of AS 11.41.410 - 11.41.440, is 10 subject to an order of a court having jurisdiction of the complaint or petition requiring 11 testing as provided in AS 18.15.300 - 18.15.350. 12 (b) An alleged victim listed in the complaint or petition, or the prosecuting 13 attorney at the request of an alleged victim, may petition the court for an order 14 authorized under this section.
01 (c) The court shall promptly conduct a hearing upon a petition filed under (b) 02 of this section. If the court finds that probable cause exists to believe that a transfer 03 of blood, saliva, semen, or other bodily fluid took place between the defendant or 04 minor and the alleged victim in an act for which the defendant or minor is charged 05 under (a) of this section, the court shall order that the defendant or minor provide two 06 specimens of blood for testing as provided in AS 18.15.300 - 18.15.350. 07 (d) Copies of the blood test results shall be sent to the defendant or minor, 08 each requesting victim, the victim's designee or, if the victim is a minor or 09 incompetent, the victim's parents or legal guardian. If the defendant or minor is being 10 incarcerated or detained at the time of the blood test or thereafter, the blood test results 11 shall be provided to the officer in charge and the chief medical officer of the facility 12 in which the defendant or minor is incarcerated or detained, including an incarceration 13 or detention ordered as a result of conviction or judgment of delinquency or child in 14 need of aid for an act for which the defendant or minor is charged under (a) of this 15 section. 16 (e) A court may not order a test under this section 17 (1) before seven days after the defendant or minor's arrest; 18 (2) after the entry of a disposition favorable to a defendant; or 19 (3) if the defendant is convicted or adjudicated delinquent or in need 20 of aid, after 90 days after the issuance of the judgment and sentence or judgment in 21 a juvenile action. 22 Sec. 18.15.310. TESTING; TEST RESULTS. (a) The withdrawal of blood 23 for a test under AS 18.15.300 - 18.15.350 shall be performed in a medically approved 24 manner. Only a physician licensed under AS 08.64, registered nurse, licensed practical 25 nurse, or certified emergency medical technician may withdraw blood specimens for 26 the purposes of AS 18.15.300 - 18.15.350. 27 (b) The court shall order that the blood specimens withdrawn under 28 AS 18.15.300 - 18.15.350 be transmitted to a licensed medical laboratory and that tests 29 be conducted on them for medically accepted indications of exposure to or infection 30 by the human immunodeficiency virus (HIV) and other communicable diseases for 31 which medically approved testing is readily and economically available as determined
01 by the court. 02 (c) Copies of test results that indicate exposure to or infection by HIV or other 03 communicable diseases shall also be transmitted to the department. 04 (d) The test results shall be sent to the designated recipients with the following 05 disclaimer: 06 The tests were conducted in a medically 07 approved manner but tests cannot determine 08 exposure to or infection by HIV or other 09 communicable diseases with absolute accuracy. 10 Persons receiving this test result should continue 11 to monitor their own health and should consult a 12 physician as appropriate. 13 (e) The court shall order all persons, other than the test subject, who receive 14 test results under AS 18.15.300 - 18.15.350 to maintain the confidentiality of personal 15 identifying data relating to the test results except for disclosures by the victim, or if 16 the victim is a minor or incompetent by the victim's parents or legal guardian, as is 17 necessary to obtain medical or psychological care or advice or to ensure the health of 18 the victim's spouse, immediate family, or persons occupying the same household as 19 the victim. 20 (f) The specimens and the results of tests ordered under AS 18.15.300 - 21 18.15.350 are not admissible evidence in a criminal or juvenile proceeding. 22 (g) A person performing testing, transmitting test results, or disclosing 23 information under AS 18.15.300 - 18.15.350 is immune from civil liability for an 24 action undertaken in accordance with the provisions of AS 18.15.300 - 18.15.350. 25 (h) If the results of a blood test conducted under AS 18.15.300 indicate 26 exposure to or infection by HIV or other communicable diseases for which testing was 27 conducted, the department shall provide (1) free counseling and free testing to a victim 28 for HIV and other diseases reasonably communicable through the offense; and (2) 29 counseling to the alleged perpetrator or defendant upon request of the alleged 30 perpetrator or defendant. If the department delivers a brochure to the victim and to 31 the alleged perpetrator or defendant that conveys the information described under (i)(2)
01 of this section and refers the victim and the alleged perpetrator or defendant to the 02 department for further information, the department's responsibility for counseling under 03 this subsection is considered satisfied. 04 (i) In this section, 05 (1) "AIDS" means acquired immunodeficiency syndrome or AIDS-related complex; 06 (2) "counseling" means providing a person with information and 07 explanations relating to AIDS and HIV that are medically appropriate for that person, 08 including all or part of the following: 09 (A) accurate information regarding AIDS and HIV; 10 (B) an explanation of behaviors that reduce the risk of 11 transmitting AIDS and HIV; 12 (C) an explanation of the confidentiality of information relating 13 to AIDS diagnoses and HIV tests; 14 (D) an explanation of information regarding both social and 15 medical implications of HIV tests; 16 (E) disclosure of commonly recognized treatment or treatments 17 of AIDS and HIV; 18 Sec. 18.15.320. COST OF PERFORMING TEST; REIMBURSEMENT. (a) 19 The cost of performing a blood test under AS 18.15.300 shall be paid by the 20 department. 21 (b) If a defendant for whom a blood test has been ordered under AS 18.15.300 22 is convicted of an offense for which the defendant was charged, and for which a blood 23 test could be ordered under AS 18.15.300, the court shall order the defendant to 24 reimburse the department for the cost of the test and may order the Department of 25 Corrections to deduct the amount of the test from any pay the inmate receives under 26 AS 33.20.201. 27 Sec. 18.15.330. PENALTY. A person who intentionally discloses personal 28 identifying data regarding information obtained under AS 18.15.300 - 18.15.350 to any 29 person who is not authorized to receive data under AS 18.15.300 - 18.15.350, by court 30 order, or with the written consent of the defendant, or as otherwise authorized by law, 31 is guilty of a class A misdemeanor.
01 Sec. 18.15.350. DEFINITIONS. In AS 18.15.300 - 18.15.350, 02 (1) "disposition favorable to defendant" means an adjudication by a 03 court other than a conviction, or if the defendant is a minor not being prosecuted as 04 an adult, that the minor is not adjudicated delinquent or a child in need of aid, for an 05 offense for which a blood test could be ordered under AS 18.15.300; 06 (2) "HIV" means the Human Immunodeficiency Virus. 07 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).