House Passes Bill That Would Require
Sex Offenders to be Tested for HIV
HARRISBURG—Representative Mark Mustio’s (R-Allegheny) HIV-Related Testing for Sexual Offenders Act was adopted today by the Pennsylvania House of Representatives by a near unanimous margin of 197 to 1.
House Bill 1794 would require that any defendant being detained for trial on sexual assault charges be tested for the human immune deficiency virus (HIV) within 48 hours, and that victims of sexual assault receive rapid notification if they have been exposed to HIV.
“I am once again sponsoring this legislation for three important reasons,” said Mustio. “First and foremost, victims of sexual assault have every right to know if they have been exposed to HIV so immediate quality-of-life preserving medical attention can be administered. Second, and especially in light of Pennsylvania’s ever-growing revenue shortfall, the federal Violence Against Women Act (VAWA) stipulates any state that fails to enact this type of legislation will be ‘locked out’ of the last 5 percent of grant funding awarded under the VAWA. Third, time is of the essence for both the protection of sexual assault victims and in order for our state to qualify for 100 percent of eligible federal funding. Since 2006, Pennsylvania has failed to qualify for over $300,000 of the $6 million in federal funding provided under the VAWA. If House Bill 1794 is not signed into law by the end of the current legislative session, Pennsylvania will fail once again in 2011-12.”
State Representative Kathy Rapp says, "We talk about a lot of right-to-know in government, and transparency. This to me is just another component of the victim having the right to know whether the person who has assaulted her has a life-threatening disease."
House Bill 1794 contains all mandatory provisions required for Pennsylvania to qualify for 100 percent of available VAWA including:
• The defendant being tested for HIV within 48 hours of being bound over for trial
through indictment or preliminary hearing when the request for testing of the
defendant is made by the victim.
• Test results provided to the victim and to the defendant as soon as is practicable.
• Follow-up HIV testing provided as medically appropriate.
• Lastly, follow-up test results provided to the victim and the defendant as soon as is
practicable.
“To adequately care for and promptly treat victims of sexual assault, Pennsylvania needs this legislation,” said Mustio. “Again, with hundreds of thousands of dollars in guaranteed federal funding at stake, it is absolutely senseless to delay any longer in making House Bill 1794 law across this Commonwealth.”
House Bill 1794 now advances to the state Senate for consideration.
House Bill 1794 would require that any defendant being detained for trial on sexual assault charges be tested for the human immune deficiency virus (HIV) within 48 hours, and that victims of sexual assault receive rapid notification if they have been exposed to HIV.
“I am once again sponsoring this legislation for three important reasons,” said Mustio. “First and foremost, victims of sexual assault have every right to know if they have been exposed to HIV so immediate quality-of-life preserving medical attention can be administered. Second, and especially in light of Pennsylvania’s ever-growing revenue shortfall, the federal Violence Against Women Act (VAWA) stipulates any state that fails to enact this type of legislation will be ‘locked out’ of the last 5 percent of grant funding awarded under the VAWA. Third, time is of the essence for both the protection of sexual assault victims and in order for our state to qualify for 100 percent of eligible federal funding. Since 2006, Pennsylvania has failed to qualify for over $300,000 of the $6 million in federal funding provided under the VAWA. If House Bill 1794 is not signed into law by the end of the current legislative session, Pennsylvania will fail once again in 2011-12.”
State Representative Kathy Rapp says, "We talk about a lot of right-to-know in government, and transparency. This to me is just another component of the victim having the right to know whether the person who has assaulted her has a life-threatening disease."
House Bill 1794 contains all mandatory provisions required for Pennsylvania to qualify for 100 percent of available VAWA including:
• The defendant being tested for HIV within 48 hours of being bound over for trial
through indictment or preliminary hearing when the request for testing of the
defendant is made by the victim.
• Test results provided to the victim and to the defendant as soon as is practicable.
• Follow-up HIV testing provided as medically appropriate.
• Lastly, follow-up test results provided to the victim and the defendant as soon as is
practicable.
“To adequately care for and promptly treat victims of sexual assault, Pennsylvania needs this legislation,” said Mustio. “Again, with hundreds of thousands of dollars in guaranteed federal funding at stake, it is absolutely senseless to delay any longer in making House Bill 1794 law across this Commonwealth.”
House Bill 1794 now advances to the state Senate for consideration.
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