SENATE, No. 115

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator CIESLA

 

 

An Act concerning penalties for AIDS-related prostitution offenses, amending P.L.1993, c.364 and N.J.S.2C:34-1.

 

    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 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 violation 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 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.

    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 or Department of Health 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 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.

    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.1993, c.364, s.4)

 

    2. N.J.S.2C:34-1 is amended to read as follows:

2C:34-1. Prostitution and Related Offenses.

    a. As used in this section:

    (1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer made in or within view of a public place to engage in sexual activity in exchange for something of economic value.

    (2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.

    (3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

    (4) "Promoting prostitution" is:

    (a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;

    (b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;

    (c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;

     (d) Soliciting a person to patronize a prostitute;

    (e) Procuring a prostitute for a patron;

    (f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or

    (g) Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.

    (5) "Public place" means any place to which the public or any substantial group thereof has access.

    b. A person commits an offense if:

    (1) The actor engages in prostitution;

    (2) The actor promotes prostitution;

    (3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;

    (4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;

    (5) The actor compels another to engage in or promote prostitution;

    (6) The actor promotes prostitution of the actor's spouse; or

    (7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.

    c. Grading of offenses under subsection b. (1) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.

    (2) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.

    (3) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.

    (4) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection.

    d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.

    e. Any person who has been notified pursuant to subsection b. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) that the person is infected with the acquired immune deficiency syndrome (AIDS) or with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS, and who commits a subsequent act of prostitution in violation of paragraph (1) of subsection b. of this section, is guilty of a crime of the third degree.

(cf: P.L.1991, c.211, s.1)

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill adds prostitution to the enumerated offenses for which a court shall order a defendant to submit to AIDS and HIV testing. 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. 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 in the bill 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.

    The bill further provides that any person who is convicted of having committed a subsequent act of prostitution after receiving notification of a positive test result, is guilty of a crime of the third degree. A crime of the third degree is punishable by up to five years imprisonment, a fine up to $10,000, or both.

 

 

 

Adds offense of prostitution to offenses requiring AIDS and HIV testing; imposes enhanced penalties for subsequent acts of prostitution by infected persons.