Senate Study Bill 1062 SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to required testing for infectious diseases of 2 persons under supervision of judicial district departments of 3 correctional services. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1219DP 83 6 jm/rj/8 PAG LIN 1 1 Section 1. NEW SECTION. 905.15 REQUIRED TEST. 1 2 1. For purposes of this section, "infectious disease" 1 3 means any infectious condition, which if spread by 1 4 contamination, would place others at a serious health risk. 1 5 2. A person under supervision of a district department, 1 6 who bites another person, who causes an exchange of bodily 1 7 fluids with another person, or who causes any bodily secretion 1 8 to be cast upon another person, shall submit to the withdrawal 1 9 of a bodily specimen for testing to determine if the person is 1 10 infected with a contagious infectious disease. The bodily 1 11 specimen to be taken shall be determined by a physician. The 1 12 specimen taken shall be sent to the state hygienic laboratory 1 13 at the state university at Iowa City or some other laboratory 1 14 approved by the department of public health. If a person to 1 15 be tested pursuant to this section refuses to submit to the 1 16 withdrawal of a bodily specimen, application may be made by 1 17 the director to the district court for an order compelling the 1 18 person to submit to the withdrawal and, if infected, to 1 19 available treatment. An order authorizing the withdrawal of a 1 20 specimen for testing may be issued only by a district judge or 1 21 district associate judge upon application by the director. 1 22 3. Failure to comply with an order issued pursuant to this 1 23 section may result in revocation of probation, parole, or work 1 24 release. 1 25 4. Personnel at an institution under the control of the 1 26 department of corrections or of a residential facility 1 27 operated by a judicial district department of correctional 1 28 services shall be notified if a person committed to any of 1 29 these institutions is found to have a contagious infectious 1 30 disease. 1 31 5. The district department in cooperation with the 1 32 department of corrections shall adopt policies and procedures 1 33 to prevent the transmittal of a contagious infectious disease 1 34 to other persons. 1 35 EXPLANATION 2 1 This bill relates to required testing for infectious 2 2 diseases of persons under supervision of judicial district 2 3 departments of correctional services. 2 4 The bill provides that a person under supervision of a 2 5 judicial district department of correctional services who 2 6 causes an exchange of bodily fluids with another person, shall 2 7 submit to the withdrawal of a bodily fluid for testing to 2 8 determine if the person is infected with a contagious 2 9 infectious disease. 2 10 The bill provides that if the person refuses to submit to 2 11 the withdrawal of bodily fluid, the director of the judicial 2 12 district department of correctional services may make an 2 13 application to the court for an order compelling the person to 2 14 submit to a withdrawal. 2 15 In addition, failure to comply with a court order issued 2 16 pursuant to the bill may result in the revocation of 2 17 probation, parole, or work release. 2 18 LSB 1219DP 83 2 19 jm/rj/8