04/01/1993 08:35 AM House FIN

  HB 109    An Act relating to blood tests for persons charged                 
            with sex offenses; and providing for an  effective                 
            date.                                                              
                                                                               
            CS HB 109 (JUD) was reported out of Committee with                 
            "no recommendation" and with  fiscal notes by  the                 
            Department  of  Health  and Social  Services,  the                 
            Department   of   Law   and   the  Department   of                 
                                                                               
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            Corrections dated 3/19/93.                                         
  HOUSE BILL 109                                                               
                                                                               
       "An Act  relating to  blood tests  for persons  charged                 
       with sex  offenses;  and  providing  for  an  effective                 
       date."                                                                  
                                                                               
  JACK PHELPS, AID  TO REPRESENTATIVE  PETE KOTT, stated  that                 
  the purpose of HB 109 is to  provide an avenue of relief for                 
                                                                               
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  victims of sexual assault.  The  threat of HIV infection and                 
  of infection from  other sexually transmitted diseases  is a                 
  serious  complicated  side-effect  of  being  victimized  by                 
  sexual assault.   The  State  has a  compelling interest  in                 
  assuring innocent victims  of crime, timely relief  from the                 
  anxiety that may result from sexual assault.                                 
                                                                               
  HB 109 allows the  victim of sexual assault to  petition the                 
  court  to  require  a blood  test  on  the  defendant.   The                 
  legislation  also  provides  that  the  State must  make  it                 
  available to both  the victim  and the alleged  perpetrator,                 
  upon  their  request, counseling  relating  to HIV  and AIDS                 
  which  is  medically  appropriate  for  those  persons,  and                 
  referrals for medical and support services.                                  
                                                                               
  The  legislation  is designed  to minimize  the cost  to the                 
  State for  implementing the program.   If  the defendant  is                 
  convicted, he or she  must reimburse the state for  the cost                 
  of  the  test.    The  court  may order  the  Department  of                 
  Corrections  to   provide  for  the   reimbursement  through                 
  garnishment.                                                                 
                                                                               
  The Federal  Crime Control Act of 1990 specified that states                 
  must  have a law  such as HB  109 adopted or  they will lose                 
  part  of  their  law  enforcement  assistance grants.    The                 
  deadline  established by Congress is October,  1993.  If the                 
  bill fails  to pass,  Alaska's Department  of Public  Safety                 
  will lose approximately $185 thousand dollars in FY 94.  The                 
  bill can  satisfy the federal requirement and simultaneously                 
  form an integral  part of an  effort by the State  to ensure                 
  that  victims of  crime  in  our  state are  afforded  every                 
  opportunity to receive appropriate relief.                                   
                                                                               
  He concluded, the legislation tried to balance the rights of                 
  the victim against the rights of  the defendant.  He pointed                 
  out  that cause finding  is required which  will require the                 
  State to demonstrate  that there is  a probable cause.   The                 
  court  is   now  required   to  provide   a  confidentiality                 
  statement.  There are portions of the bill which protect the                 
  clients privacy.  He added, the purpose of the exemption for                 
  disclosure by  the victim would allow those persons, who the                 
  victim  has  close   associations  with  to  be   given  the                 
  information.   He reminded  the Committee  that the  subject                 
  matter  contains  the  potential for  disease  and  that the                 
  victim has the right to tell those who they are close with.                  
                                                                               
  Representative   Brown  pointed  out that  a  test does  not                 
  assure if a person is infected.  It could take from a six to                 
  eight month period for  the presence of HIV to  appear, even                 
  though continuing to  transmit the  virus.  She  recommended                 
  providing   services  to  help   the  victim  address  their                 
  situation.  The test would not solve the problem.                            
                                                                               
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  CINDY SMITH, EXECUTIVE DIRECTOR, ALASKA NETWORK  ON DOMESTIC                 
  VIOLENCE AND SEXUAL ASSAULT, JUNEAU, ALASKA, stated that the                 
  network has been  investigating and discussing the  issue of                 
  mandatory STD testing for persons  charged with sex offenses                 
  for over two  years.   The issue is  complex and  emotional.                 
  Literature   on   the  subject   is   minimal,  occasionally                 
  contradictory, often defending one position  or the other in                 
  the competing social  interests of protecting a  rape victim                 
  and  protecting  the  persons  infected  with  the  sexually                 
  transmitted diseases, especially HIV.                                        
                                                                               
  Transmission of STD's as  a result of rape is  not uncommon.                 
  It  is  currently standard  procedure  at most  hospitals to                 
  provide a rape  victim with  a course of  antibiotics as  an                 
  automatic measure without waiting for  information as to the                 
  status of  the offender.   The Center  for Disease  Control,                 
  AIDS Epidemiology Division  estimates that the chances  of a                 
  rape victim contracting HIV as a result of an assault  to be                 
  very  low  but admits  that the  figure  could be  higher in                 
  multiple exposure and that even  single rapes may constitute                 
  a greater  hazard because of the rather  common occupance of                 
  tearing of  vaginal surfaces.  In 1990, the first documented                 
  case of HIV transmitted  rape was recorded at a  hospital in                 
  London.                                                                      
                                                                               
  She explained that  the initial assumption behind  the first                 
  HIV testing laws was that if a victim knew the status of the                 
  offender, she  would therefore know  whether or not  she had                 
  been exposed to  HIV.  This  is not the case.   Particularly                 
  with a single test.  An offender may test negative and still                 
  be carrying HIV.  Conversely, a  positive test does not mean                 
  that a victim  will contract HIV.  In other  words, in order                 
  to  determine  her own  status, a  victim  will have  to get                 
  tested every three months for a  year.  Ms. Smith summarized                 
  that if the testing was performed at the time of charge, the                 
  Alaska Network on Domestic Violence and Sexual Assault would                 
  support  the  legislation,  however,  if   it  were  at  the                 
  conviction, the testing would serve no purpose.                              
                                                                               
  Representative Martin MOVED to report CS HB 109 (JUD) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal notes.   There  being NO OBJECTIONS,  it                 
  was so ordered.                                                              
                                                                               
  CS  HB  109 (JUD)  was reported  out  of Committee  with "no                 
  recommendation" and with  fiscal notes by the  Department of                 
  Health  and Social and  Services, the Department  of Law and                 
  the Department of Corrections dated 3/19/93.