CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO.34-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 1901

H.D. 2

S.D. 1

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1901, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HIV TESTING FOR SEXUAL OFFENSES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to allow victims to request that the person charged with a sexual offense against them be tested for human-immunodeficiency virus (HIV) and mandates HIV testing of those convicted of sexual offenses.

Your Committee on Conference has amended this bill by:

(1) Removing the requirement for the court to seek the consent of the charged person to voluntarily submit to an HIV test;

(2) Requiring that the HIV test results remain confidential except to the physician, HIV counselor, and the victim or guardian of a minor or incapacitated victim; and

(3) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1901, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1901, H.D. 2, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ DAVID M. MATSUURA, Chair		____________________________ DENNIS A. ARAKAKI, Co-Chair
____________________________ BRIAN KANNO, Co-Chair		____________________________ BLAKE K. OSHIRO, Co-Chair