Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1901, H.D. 2, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to require, without informed consent, human-immunodeficiency virus (HIV) testing of persons charged with sexual offenses.

Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney. Testimony in opposition was received from the Department of Health, Life Foundation, AIDS Community Care Team, and Hawaii CARES. The Sex Abuse Treatment Center expressed concerns.

Your Committee finds that individuals who are survivors of sexual offenses are concerned about and at risk for contraction of sexually transmitted diseases, including HIV. Your Committee further finds that existing law allows victims to request, and the court to mandate, HIV testing of convicted sex offenders. However, due to the potential life-threatening illnesses that can derive from HIV infection, early detection and treatment for survivors is recommended by health care providers and advocates for survivors of sexual assault.

Your Committee notes the concerns expressed by the Committee on Health and Human Services relating to allowing the court to consider the sexual and drug use history of a person who has only been charged with an offense. The measure requires the court to order an HIV test, if the charged person does not agree to the test, upon a showing of probable cause under the amendment to section 325-16.5(b)(3), Hawaii Revised Statutes, and the court is required to consider all relevant facts thereto. Your Committee believes that the requirements for showing of probable cause, and judicial consideration of all relevant facts satisfy the constitutional rights of the person charged, notwithstanding the absence of a conviction. Your Committee finds that the time element for HIV testing gives reason enough to provide an expedited process for the victim to know the results soon after the charge is brought rather than upon conviction.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1901, H.D. 2, S.D. 1, and recommends that it pass Third Reading.