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AN ACT relating to the modernization of disease testing. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 510.320 is amended to read as follows: 3
(1) For purposes of this section, "sexually transmitted disease" has the same meaning 4
as in KRS 214.410["human immunodeficiency virus test" means a test of an 5
individual for presence of human immunodeficiency virus, or for antibodies or 6
antigens that result from human immunodeficiency virus infection, or for any other 7
substance specifically indicating human immunodeficiency virus infection]. 8
(2) A defendant charged with an offense pursuant to this chapter which has sexual 9
intercourse or deviate sexual intercourse as an element, or has sexual contact as an 10
element when the circumstances of the case demonstrate a possibility of 11
transmission of a sexually transmitted disease[human immunodeficiency virus], 12
shall upon initial court appearance on the charge, be informed by the judge of the 13
availability of [human immunodeficiency virus ]testing for a sexually transmitted 14
disease. The judge shall also notify the victim of the offense, or parent or guardian 15
of the victim, that the defendant has been so notified. 16
(3) When a defendant has been convicted of any offense in subsection (2) of this 17
section, other provisions of law to the contrary notwithstanding, the sentencing 18
court, regardless of any prior [human immunodeficiency virus]sexually transmitted 19
disease test, shall order the defendant to undergo testing for a sexually transmitted 20
disease[a human immunodeficiency virus test,] under the direction of the Cabinet 21
for Health and Family Services. 22
(4) (a) The result of any [human immunodeficiency virus ]test for a sexually 23
transmitted disease conducted pursuant to this section shall not be a public 24
record for purposes of KRS Chapter 61. 25
(b) The result of any [human immunodeficiency virus ]test for a sexually 26
transmitted disease conducted pursuant to this section shall only be made 27 UNOFFICIAL COPY 24 RS BR 2065
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available by the Cabinet for Health and Family Services to the victim, or the 1
parent or guardian of a victim who is a minor, an individual with an 2
intellectual disability, or mentally incapacitated, the defendant, the court 3
issuing the order for testing, and to any other agency as directed pursuant to 4
KRS Chapter 214. 5
(c) The Cabinet for Health and Family Services shall immediately provide to the 6
victim the results of any [human immunodeficiency virus ]test for a sexually 7
transmitted disease conducted under this section. 8
(d) In addition, the Cabinet for Health and Family Services shall provide to the 9
Department of Corrections the result of any [human immunodeficiency virus 10
]test for a sexually transmitted disease conducted pursuant to this section 11
which indicates that the defendant is infected with the sexually transmitted 12
disease[human immunodeficiency virus]. The Department of Corrections 13
shall use this information solely for the purpose of providing medical 14
treatment to the defendant while incarcerated in a state penitentiary or 15
correctional institution or county jail. 16
(5) If the [human immunodeficiency virus ]test for a sexually transmitted disease 17
indicates the presence of a sexually transmitted disease[human immunodeficiency 18
virus infection], the Cabinet for Health and Family Services shall provide 19
counseling to the victim and the defendant regarding the sexually 20
transmitted[human immunodeficiency virus] disease, and referral for appropriate 21
health-care and support services. 22
(6) The cost of testing under this section shall be paid by the defendant tested, unless 23
the court has determined the defendant to be indigent. 24
(7) Filing of a notice of appeal shall not automatically stay an order that the defendant 25
submit to a [human immunodeficiency virus ]test for a sexually transmitted 26
disease. 27 UNOFFICIAL COPY 24 RS BR 2065
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Section 2. KRS 529.090 is amended to read as follows: 1
(1) For purposes of this section, "sexually transmitted disease" has the same 2
meaning as in KRS 214.410. 3
(2) Any person convicted of prostitution or procuring another to commit prostitution 4
under the provisions of KRS 529.020 shall be required to undergo screening for a 5
sexually transmitted disease[human immunodeficiency virus infection ]under 6
direction of the Cabinet for Health and Family Services and, if infected, shall 7
submit to treatment and counseling as a condition of release from probation, 8
community control, or incarceration. Notwithstanding the provisions of KRS 9
214.420, the results of any test conducted pursuant to this subsection shall be made 10
available by the Cabinet for Health and Family Services to medical personnel, 11
appropriate state agencies, or courts of appropriate jurisdiction to enforce the 12
provisions of this chapter. 13
(3)[(2)] Any person who commits prostitution and who, prior to the commission of the 14
crime, had tested positive for a sexually transmitted disease and knew or had been 15
informed that he or she had tested positive for a sexually transmitted disease 16
[pursuant to KRS 214.410 ]and that he or she could possibly communicate such 17
disease to another person through sexual activity is guilty of a Class A 18
misdemeanor. A person may be convicted and sentenced separately for a violation 19
of this subsection and for the underlying crime of prostitution. 20
[(3) Any person who commits, offers, or agrees to commit prostitution by engaging in 21
sexual activity in a manner likely to transmit the human immunodeficiency virus 22
and who, prior to the commission of the crime, had tested positive for human 23
immunodeficiency virus and knew or had been informed that he had tested positive 24
for human immunodeficiency virus and that he could possibly communicate the 25
disease to another person through sexual activity is guilty of a Class D felony. A 26
person may be convicted and sentenced separately for a violation of this subsection 27 UNOFFICIAL COPY 24 RS BR 2065
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and for the underlying crime of prostitution.] 1
(4) Any person convicted of procuring another to commit prostitution in a manner 2
likely to transmit a sexually transmitted disease[the human immunodeficiency 3
virus] and who, prior to the commission of the crime, had tested positive for a 4
sexually transmitted disease[human immunodeficiency virus] and knew or had 5
been informed that he or she had tested positive for a sexually transmitted 6
disease[human immunodeficiency virus] and that he or she could possibly 7
communicate the disease to another person through sexual activity is guilty of a 8
Class A misdemeanor[D felony]. 9