P.L. 516, Act No. 75 of 1994, § 2, codified at Title 35, Pennsylvania Statutes Annotated § 521.11a (West)

Note: The full text of Pennsylvania’s law on the HIV testing of certain convicted offenders follows. References in [brackets] are added to provide a cross-reference to the cited statute as codified.

(a) This section is enacted in order to comply with the requirements of section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 42 U.S.C. § 3756) which compels states to enact a law requiring administration of HIV-related tests to individuals convicted of specified offenses when a victim requests that such a test be performed.

(b) When an individual has been convicted or adjudicated delinquent of one of the offenses listed in subsection (c), the victim of that offense may request that an HIV-related test be performed on the individual who has been convicted or adjudicated delinquent, and the results of that test shall be disclosed to the victim. If the victim requests a test within six weeks of the conviction or adjudication of delinquency, then the individual who has been convicted or adjudicated delinquent shall be deemed to have consented to the performance of an HIV-related test and to the release of the results of that test to the victim notwithstanding sections 5(a) [Pa. Stat. Ann. tit. 35, § 7605(a)] and 7(a)(3) [Pa. Stat. Ann. tit. 35, § 7607(a)(3)] of the act of November 29, 1990 (P.L. 585, No. 148), known as the “Confidentiality of HIV-Related Information Act“; the test shall otherwise be administered and the results released to the victim in accordance with the provisions of the “Confidentiality of HIV-Related Information Act.” As used in this subsection, the term “victim” shall include the parent or legal guardian of a minor or mentally disabled adult. As used in this subsection, the term “convicted” includes conviction by entry of a plea of guilty or nolo contendere, conviction after trial and a finding of not guilty due to insanity or a finding of guilty but mentally ill.

(c) The HIV-related test shall be performed at the request of a victim if the individual has been convicted or adjudicated delinquent under one of the following provisions of 18 Pa.C.S. (relating to crimes and offenses):

Section 3121 (relating to rape).
Section 3122 (relating to statutory rape).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3128 (relating to spousal sexual assault).
Section 4302 (relating to incest).
Section 6301 (relating to corruption of minors) if there has been sexual intercourse as defined in 18 Pa.C.S. § 3101 (relating to definitions) between the individual who has been convicted or adjudicated delinquent and the victim.

(d) When a victim requests that an HIV-related test be performed on an individual convicted or adjudicated delinquent of one of the offenses listed in subsection (c), the request shall be forwarded to the department or local board or local health department along with the name and current address of the victim and the individual convicted or adjudicated delinquent, if known. All information regarding the request shall be maintained as confidential in accordance with section 15 of this act.

(e) The department or local board or local health department shall make provisions for:

(1) The administration of the HIV-related test to the individual convicted or adjudicated delinquent in accordance with subsection (b) of this section.

(2) Notification to the victim of the results of the test administered to the individual convicted or adjudicated delinquent.

(3) HIV-related testing to and counseling of the victim in accordance with the “Confidentiality of HIV-Related Information Act,” at no cost to the victim.

(4) Referral of the victim to appropriate health care and support services.

LEGISLATIVE HISTORY

Enacted by the Pennsylvania General Assembly, Sept. 29, 1994, P.L. 516, No. 75, § 2, effective in 60 days.

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