ASSEMBLY, No. 2167

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 20, 1996

 

 

By Assemblymen BAGGER and AUGUSTINE

 

 

An Act concerning testing of certain adults and juveniles charged, convicted or adjudicated delinquent for certain criminal offenses or acts and supplementing Titles 2A and 2C of the New Jersey Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. 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, a criminal offense 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 if:

    (1) in the course of the commission of the offense, including the immediate flight thereafter or during any investigation or arrest related to that offense, a law enforcement officer, the victim or other person suffered a prick from a hypodermic needle, provided there is probable cause to believe that the defendant is an intravenous user of controlled dangerous substances; or

    (2) in the course of the commission of the offense, including the immediate flight thereafter or during any investigation or arrest related to that offense, a law enforcement officer, the victim or other person had contact with the defendant which involved or was likely to involve the transmission of bodily fluids.

    The court shall issue such an order only upon the request of the law enforcement officer, victim of the offense or other affected person and upon application of the prosecutor made at the time of indictment, charge or conviction. The person 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) or by a provider of health care or at a health facility licensed pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12). 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 if a victim of an offense is tested. 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.

    c. 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.

    d. The result of a test ordered pursuant to subsection a. of this section shall be confidential and a health care provider and employees of the Department of Corrections, 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.

    e. 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.

    f. 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.

 

    2. a. In addition to any other disposition made pursuant to law, a court shall order a juvenile charged with delinquency or adjudicated delinquent for an act which, if committed by an adult would constitute a criminal offense, 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 if:

    (1) in the course of the commission of the act, including the immediate flight thereafter or during any investigation or arrest related to that act, a law enforcement officer, the victim or other person suffered a prick from a hypodermic needle, provided there is probable cause to believe that the juvenile is an intravenous user of controlled dangerous substances; or

    (2) in the course of the commission of the act, including the immediate flight thereafter or during any investigation or arrest related to that act, a law enforcement officer, the victim or other person had contact with the juvenile which involved or was likely to involve the transmission of bodily fluids.

    The court shall issue such an order only upon the request of the law enforcement officer, victim of the offense or other affected person and upon application of the prosecutor made at the time of adjudication of delinquency. The juvenile shall be ordered by the court to submit to such repeat or confirmatory tests as may be medically necessary.

    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) or by a provider of health care or at a health facility licensed pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12). 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 if a victim of an offense is tested. 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.

    c. In addition to any other disposition authorized, a court may order a juvenile at the time of sentencing to reimburse the State for the costs of the tests ordered by subsection a. of this section.

    d. The result of a test ordered pursuant to subsection a. of this section shall be confidential and a health care provider and employees of the Department of Corrections, 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.

    e. 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.

    f. 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.


    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill provides that adults convicted of, indicted for or formally charged with a criminal offense and juveniles charged or adjudicated delinquent for an act which if committed by an adult would constitute a criminal offense, shall be tested for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) if, in the course of the commission of the offense, including the immediate flight thereafter or during any investigation or arrest related to that offense, a law enforcement officer, the victim or other person suffered a prick from a hypodermic needle, provided there is probable cause to believe that the defendant or juvenile is an intravenous user of controlled dangerous substances or a law enforcement officer, the victim or other person had contact with the defendant or juvenile which involved or was likely to involve the transmission of bodily fluids.

    The provisions of the bill are similar to the provisions of P.L.1993, c.364 concerning testing of persons convicted, indicted or charged with aggravated sexual assault or sexual assault or charged or adjudicated delinquent for acts which if committed by an adult would constitute those crimes.

    Performance of the testing requires the issuance of a court order. The court shall issue such an order only upon the request of the law enforcement officer, victim of the offense or other person and upon application of the prosecutor made at the time of indictment, charge, conviction or adjudication of delinquency. Repeat or confirmatory tests as may be medically necessary may be ordered. The court order shall require testing to be performed as soon as practicable by the Commissioner of the Department of Corrections or by a provider of health care or at a health facility licensed pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12). 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 if a victim of an offense is tested. A court may order an offender at the time of sentencing to reimburse the State for the costs of the tests.

    The result of a test shall be confidential and a health care provider and employees of the Department of Corrections and other employees involved 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.

    Persons who perform these tests in accordance with accepted medical standards for the performance of such tests shall be immune from civil and criminal liability arising from their conduct.

 

 

Requires adults and juveniles to be tested for AIDS and HIV infection under certain circumstances involving the commission of certain criminal offenses or acts.