Amends TCA Title 39 and Title 40.
This bill provides that a person commits aggravated patronizing prostitution, which is a Class C felony, when, knowing that the person is infected with HIV, the person patronizes prostitution, and engages in sexual activity. However, this provision does not require that HIV be transmitted to a victim in order for a person to have committed aggravated patronizing prostitution. TESTING Present law provides that when a person is initially arrested for violating certain sexual offenses, then that person must undergo HIV testing immediately, or not later than 48 hours after the presentment of the information or indictment, with or without the request of the victim. The medical laboratory analyzing the test results must report the results of the HIV test immediately to the victim and make the records available only to certain persons and entities, such as the district attorney general prosecuting the case and the department of correction. If the arrestee is convicted, then the court must review the HIV test results prior to sentencing. This bill adds the offense created by this bill to the list of sexual offenses requiring such testing and disclosures. APPLICABILITY This bill applies to acts committed on or after July 1, 2024.
This bill provides that a person commits aggravated patronizing prostitution, which is a Class C felony, when, knowing that the person is infected with HIV, the person patronizes prostitution, and engages in sexual activity. However, this provision does not require that HIV be transmitted to a victim in order for a person to have committed aggravated patronizing prostitution. TESTING Present law provides that when a person is initially arrested for violating certain sexual offenses, then that person must undergo HIV testing immediately, or not later than 48 hours after the presentment of the information or indictment, with or without the request of the victim. The medical laboratory analyzing the test results must report the results of the HIV test immediately to the victim and make the records available only to certain persons and entities, such as the district attorney general prosecuting the case and the department of correction. If the arrestee is convicted, then the court must review the HIV test results prior to sentencing. This bill adds the offense created by this bill to the list of sexual offenses requiring such testing and disclosures. APPLICABILITY This bill applies to acts committed on or after July 1, 2024.
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