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House Journal: Page 713: Monday, March 16, 1998

penalties, and providing for an affirmative defense, was taken
up for consideration.
Holveck of Polk offered the following amendment H-8304 filed by
him and Garman of Story and moved its adoption:

H-8304

 1     Amend House File 2369 as follows:
 2     1.  Page 1, by striking lines 20 through 23 and
 3   inserting the following:  "degree of consanguinity,
 4   and the county attorney who may use the results as
 5   evidence in the prosecution of sexual assault or
 6   prosecution of the offense of criminal transmission of
 7   HIV under chapter 709C.  For the purposes of this
 8   paragraph".
 9     2.  Page 1, by inserting after line 31, the
10   following:
11     "NEW SUBSECTION.  1B.  "Authorized representative"
12   means an individual authorized by the victim to
13   request an HIV-related test of a convicted or alleged
14   offender who is any of the following:
15     a.  The parent, guardian, or custodian of the
16   victim if the victim is a minor.
17     b.  The physician of the victim.
18     c.  The victim counselor or person requested by the
19   victim who is authorized to provide the counseling
20   required pursuant to section 141.22.
21     d.  The victim's spouse.
22     e.  The victim's legal counsel."
23     3.  By striking page 2, line 20, through page 4,
24   line 34, and inserting the following:
25     "Sec. ___.  Section 709B.2, Code 1997, is amended
26   to read as follows:
27     709B.2  HIV-RELATED TEST - CONVICTED OR ALLEGED
28   SEXUAL ASSAULT OFFENDER.
29     1.  If a person is convicted of sexual assault or
30   adjudicated delinquent for an act of sexual assault,
31   the county attorney, if requested by the petitioner,
32   shall petition the court for an order requiring the
33   convicted offender to submit to an HIV-related test,
34   provided that all of the following conditions are met:
35     a.  The sexual assault for which the offender was
36   convicted or adjudicated delinquent included
37   sufficient contact between the victim and the
38   convicted offender to be deemed a significant exposure
39   pursuant to section 709B.1.
40     b.  The authorized representative of the
41   petitioner, the county attorney, or the court sought
42   to obtain written informed consent from the convicted
43   offender to the testing.
44     c.  Written informed consent was not provided by

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URL: /DOCS/GA/77GA/Session.2/HJournal/00700/00713.html
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