Virginia 2023 Regular Session

Virginia House Bill HB1416

Introduced
12/8/22  
Refer
12/8/22  
Report Pass
1/23/23  
Engrossed
1/26/23  
Refer
1/30/23  
Report Pass
2/8/23  
Engrossed
2/13/23  
Engrossed
2/15/23  
Enrolled
2/20/23  
Chaptered
3/27/23  

Caption

Sexually transmitted infections; testing of certain persons following arrest or indictment, etc.

Impact

The passage of HB 1416 is intended to enhance the health safety of individuals involved in criminal proceedings, particularly in terms of providing victims and potential defendants with crucial health information about STIs. This bill establishes a legal framework for the court to order STI testing in a timely manner to fulfill health counseling and notification responsibilities. By legislating a standardized response to health concerns arising from sexual assault allegations, the bill seeks to align the criminal justice system with public health practices.

Summary

House Bill 1416 introduces a provision within the Code of Virginia that mandates the testing of individuals charged with specific crimes, particularly those involving sexual offenses and assaults against children, for sexually transmitted infections (STIs). The bill allows the attorney for the Commonwealth to request such testing after consultation with a complaining witness, emphasizing public health considerations alongside criminal justice processes. This measure aims to ensure that victims are informed of potential health risks when exposed to bodily fluids during alleged criminal acts.

Sentiment

The sentiment surrounding HB 1416 appears to be largely supportive, as it reflects a proactive approach to addressing public health issues that arise in the context of sexual offenses. Advocates for the bill likely perceive it as a critical step in protecting both victims and the accused, potentially fostering a more informed dialogue about sexual health. However, discussions may reveal some concerns regarding privacy and the implications of mandating testing without consent, indicating nuances in the conversation around such health-related legislative measures.

Contention

Despite its supportive sentiment, the bill invites some contention, particularly concerning the rights of the accused and the implications of requiring mandatory testing. Opponents may argue that such a mandate could infringe on personal liberties and raise ethical questions about consent, especially in cases where a defendant might be deemed incompetent to consent. Additionally, the confidentiality of test results and their non-admissibility in criminal proceedings serve to mitigate legal risks but could also lead to debates on the effectiveness and appropriateness of reporting these results to victims.

Companion Bills

VA SB1436

Same As Sexually transmitted infections; testing of certain persons following arrest or indictment, etc.

Previously Filed As

VA SB1436

Sexually transmitted infections; testing of certain persons following arrest or indictment, etc.

VA AB2801

Search warrants: sexually transmitted infection testing.

VA SB3784

SEXUALLY TRANSMITTED INFECTION

VA HB5076

SEXUALLY TRANSMITTED INFECTION

VA AB229

Criminal procedure: Sexually transmitted disease testing.

VA SB239

Infectious and communicable diseases: HIV and AIDS: criminal penalties.

VA SB306

Sexually transmitted disease: testing.

VA S312

Reduces offense of deliberately transmitting a sexually-transmitted infection to a disorderly persons offense and revises elements of the offense.

VA AB2960

Sexually transmitted diseases: testing.

VA A1206

Requires testing for infectious disease for certain persons who have been administered opioid antidote by first responder.

Similar Bills

NJ S312

Reduces offense of deliberately transmitting a sexually-transmitted infection to a disorderly persons offense and revises elements of the offense.

NM SB132

Sti Prevention & Treatment

NJ A4545

Prohibits pharmacies from charging additional fee for processing prescriptions transmitted by telephone or electronic means.

NJ S1213

Prohibits pharmacies from charging additional fee for processing prescriptions transmitted by telephone or electronic means.

NJ S1325

Prohibits pharmacies from charging additional fee for processing prescriptions transmitted by telephone or electronic means.

CA AB1538

Alameda Health System Hospital Authority: physician services.

CA AB643

Pupil instruction: abusive relationships.

CA AB1868

Pupil instruction: sexual health education: sexually suggestive or sexually explicit materials.