SF 1396

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to sex offenders; authorizing HIV test 
  1.3             results to be maintained in inmate medical records; 
  1.4             amending Minnesota Statutes 2000, section 611A.19. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 611A.19, is 
  1.7   amended to read: 
  1.8      611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
  1.9   VIRUS.] 
  1.10     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
  1.11  the request or with the consent of the victim, the prosecutor 
  1.12  shall make a motion in camera and the sentencing court shall 
  1.13  issue an order requiring an adult convicted of or a juvenile 
  1.14  adjudicated delinquent for violating section 609.342 (criminal 
  1.15  sexual conduct in the first degree), 609.343 (criminal sexual 
  1.16  conduct in the second degree), 609.344 (criminal sexual conduct 
  1.17  in the third degree), 609.345 (criminal sexual conduct in the 
  1.18  fourth degree), or any other violent crime, as defined in 
  1.19  section 609.1095, to submit to testing to determine the presence 
  1.20  of human immunodeficiency virus (HIV) antibody if:  
  1.21     (1) the crime involved sexual penetration, however slight, 
  1.22  as defined in section 609.341, subdivision 12; or 
  1.23     (2) evidence exists that the broken skin or mucous membrane 
  1.24  of the victim was exposed to or had contact with the offender's 
  1.25  semen or blood during the commission of the crime in a manner 
  2.1   which has been demonstrated epidemiologically to transmit the 
  2.2   human immunodeficiency virus (HIV).  
  2.3      (b) When the court orders an offender to submit to testing 
  2.4   under paragraph (a), the court shall order that the test be 
  2.5   performed by an appropriate health professional who is trained 
  2.6   to provide the counseling described in section 144.7414, and 
  2.7   that no reference to the test, the motion requesting the test, 
  2.8   the test order, or the test results may appear in the criminal 
  2.9   record or be maintained in any record of the court or court 
  2.10  services, except in the medical record maintained by the 
  2.11  department of corrections.  
  2.12     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
  2.13  results of a test performed under subdivision 1 are private data 
  2.14  as defined in section 13.02, subdivision 12, when maintained by 
  2.15  a person subject to chapter 13, or may be released only with the 
  2.16  subject's consent, if maintained by a person not subject to 
  2.17  chapter 13.  The results are available, on request, to the 
  2.18  victim or, if the victim is a minor, to the victim's parent or 
  2.19  guardian and positive test results shall be reported to the 
  2.20  commissioner of health.  Any test results given to a victim or 
  2.21  victim's parent or guardian shall be provided by a health 
  2.22  professional who is trained to provide the counseling described 
  2.23  in section 144.7414.  Data regarding administration and results 
  2.24  of the test are not accessible to any other person for any 
  2.25  purpose and shall not be maintained in any record of the court 
  2.26  or court services or any other record.  After the test results 
  2.27  are given to the victim or the victim's parent or guardian, data 
  2.28  on the test must be removed from any medical data or health 
  2.29  records maintained under section 13.384 or 144.335 and 
  2.30  destroyed, except for those medical records maintained by the 
  2.31  department of corrections.