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House Journal: Page 716: Monday, March 16, 1998

45   exposure.
46     b.  An authorized representative of the petitioner,
47   the county attorney, or the court sought to obtain
48   written informed consent from the convicted or alleged
49   offender.
50     c.  Written informed consent was not provided by

Page 4

 1   the convicted or alleged offender.
 2     6. 7.  A convicted offender who is required to
 3   undergo an HIV-related test may appeal to the court
 4   for review of questions of law only, but may appeal
 5   questions of fact if the findings of fact are clearly
 6   erroneous."
 7     4.  Page 4, line 35, by inserting after the figure
 8   "5," the following:  "6,".
 9     5.  Page 5, by striking lines 28 through 30, and
10   inserting the following:
11     "5.  Notwithstanding subsection 4, test results
12   shall not be disclosed to a convicted offender who
13   elects against disclosure."
14     6.  Page 5, by inserting before line 31, the
15   following:
16     "6.  If testing is ordered under this chapter, the
17   court shall also order periodic testing of the
18   convicted offender during the period of incarceration,
19   probation, or parole or of the alleged offender during
20   a period of six months following the initial test if
21   the physician or other practitioner who ordered the
22   initial test of the convicted or alleged offender
23   certifies that, based upon prevailing scientific
24   opinion regarding the maximum period during which the
25   results of an HIV-related test may be negative for a
26   person after being HIV-infected, additional testing is
27   necessary to determine whether the convicted or
28   alleged offender was HIV-infected at the time the
29   sexual assault or alleged sexual assault was
30   perpetrated.  The results of the test conducted
31   pursuant to this subsection shall be released only to
32   the physician or other practitioner who orders the
33   test of the convicted or alleged offender, the
34   convicted or alleged offender, the victim counselor or
35   person requested by the victim who is authorized to
36   provide the counseling required pursuant to section
37   141.22, who shall disclose the results to the
38   petitioner, and the physician of the victim, if
39   requested by the victim and the county attorney who
40   may use the results as evidence in the prosecution of
41   the sexual assault or in the prosecution of the
42   offense of criminal transmission of HIV under chapter
43   709C."
Veenstra of Sioux in the chair at 1:55 p.m.

© 1998 Cornell College and League of Women Voters of Iowa

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