Brief ⁽¹⁾

SB 305 amends two statutes that currently concern court-ordered testing for HIV.

The first statute is a part of the Kansas Juvenile Justice Code which sets out those circumstances in which a court may order an adjudicated person (a juvenile offender or persons not adjudicated under the Code because of mental disease or defect) who is charged with a sexual act or an offense in which it appears the transmission of body fluids from one person to another was involved to notify the person and the victim of the alleged offense of the availability of testing for HIV, and, in certain circumstances, to order that HIV testing take place. The amendments add testing for hepatitis B to the provisions of the statute.

The second statute amended by SB 305 applies to persons charged with or convicted of a crime in which it appears the transmission of body fluids may have taken place and authorizes court-ordered testing for AIDS. This statute is amended to add HIV and hepatitis B to the testing that may be ordered by a court. Other amendments provide the costs of testing and counseling are to be paid from funds appropriated to the Department of Health and Environment and direct the court to order the person charged or convicted to repay the Department for the costs of testing and counseling ordered under the statute.

Background

The introduction of SB 305 was requested by the District Attorney in Sedgwick County whose representative appeared before the Senate Committee to support the bill.

The fiscal note on SB 305 indicates the fiscal impact on the Department of Health and Environment will be minimal if court-ordered testing remains at the same level as requests for HIV testing in recent years.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi