EXPEDITED TESTING OF DEFENDANTS S.B. 1036:
SUMMARY AS ENACTED
Senate Bill 1036 (as enacted) PUBLIC ACT 321 of 2014
House Committee: Criminal Justice
CONTENT
The bill amends the Public Health Code to do the following:
-- Require the circuit court to order expedited medical testing of a defendant bound over to or brought before the court for a criminal sexual conduct (CSC) violation, upon the victim's request.
-- Upon the conviction of a defendant or the adjudication of a juvenile for certain offenses, require medical test results to be given to the victim if the defendant or juvenile received follow-up testing for the presence of HIV.
The bill was enacted on October 14, 2014, and will take effect 90 days after that date.
Expedited Testing
Under the Code, if a defendant is bound over to circuit court for certain violations, and the district court determines there is reason to believe the violation involved sexual penetration or exposure to a body fluid of the defendant, the district court must order the defendant to be examined or tested for venereal disease, hepatitis B, and hepatitis C, and for the presence of HIV or an antibody to HIV. The requirement applies to a defendant bound over for any of the following:
-- Accosting, enticing, or soliciting a child for an immoral purpose.
-- Gross indecency.
-- Certain prostitution-related offenses.
-- First-, second-, third-, or fourth-degree CSC or assault with intent to commit CSC.
The bill also requires the circuit court to order the examination or testing if the defendant is brought before it by way of indictment for any of those violations.
In addition, if a defendant is bound over to or brought before the circuit court for any of the CSC offenses listed above, the bill requires the court, upon the victim's request, to order the examination or testing to be done within 48 hours after the time that the information or indictment is presented and the defendant is in custody or has been served with the information or indictment. In its order for expedited examination or testing, the court must include a provision that requires follow-up examination or testing that is considered medically appropriate based on the results of the initial examination or testing.
Notification of the Victim
Under the Code, upon conviction of a defendant or adjudication of a juvenile for certain offenses, the court must order the defendant or juvenile to be examined or tested for venereal disease, hepatitis B, and hepatitis C and for the presence of HIV or an antibody to HIV. Except as otherwise provided, the exam and tests must be confidentially administered by a licensed physician, the Department of Community Health, or a local health department. The court also must order the defendant or juvenile to receive counseling regarding venereal disease, hepatitis B, hepatitis C, HIV, and AIDS, including information regarding treatment, transmission, and protective measures. The requirement applies to a person convicted of or adjudicated for any of the following:
-- Accosting, enticing, or soliciting a child for an immoral purpose.
-- Gross indecency.
-- Certain prostitution-related offenses.
-- First-, second-, third-, or fourth-degree CSC or assault with intent to commit CSC.
-- Intravenous use of a controlled substance.
If the victim or person with whom the defendant or juvenile engaged in sexual penetration or sexual contact, or who was exposed to a body fluid during the course of the crime consents, the court must give the person or agency conducting the exam or administering the tests the victim's name, address, and telephone number. After the defendant or juvenile is examined or tested as to the presence of venereal disease, hepatitis B, hepatitis C, or HIV or an antibody to HIV, the person or agency conducting the exam or administering the tests must immediately give the result to the victim.
The bill also requires the results to be given to the victim if the defendant or juvenile receives appropriate follow-up testing for the presence of HIV.
MCL 333.5129 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill, at the request of a victim, requires an examination or test to be performed on a defendant within 48 hours after an information or indictment is presented and the defendant is in custody or has been served. Relative to current practices, this will create a deadline in which the physical exam or test must be performed. To the extent that these tests are already performed in local jails, there will be no fiscal impact. Also, based on the results of the initial examination or testing, the court must order that "medically appropriate" follow-up testing or examinations be performed. As far as it is already current practice for local jails to meet the requirement for a follow-up medically appropriate examination or test, there will be no fiscal impact.
The bill will have no fiscal impact on State government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.