STAND. COM. REP. NO.691-02
RE: H.B. No. 1901
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1901, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HIV TESTING FOR SEXUAL OFFENSES,"
begs leave to report as follows:
The purpose of the bill is to require HIV testing of persons charged with sexual offenses who may have transmitted the disease to the victim.
Your Committee received testimony in support of the measure from the Department of the Prosecuting Attorney for the City and County of Honolulu, the Honolulu Police Department, Hawaii Nurses' Association, the Sex Abuse Treatment Center, and the Kapiolani Medical Center for Women and Children. Testimony in opposition to the measure was provided by the Office of the Public Defender.
Your Committee finds that testing for HIV infection in defendants as early as possible will lead to the earliest possible indication whether a sexual assault complainant may have been exposed to the disease. However, the Office of the Public Defender expressed legitimate concerns that a balance must be struck between the need for information to address the complainant's physical and emotional effects of sexual assaults against the defendant's due process interest in safeguards against misuse of the information.
Your Committee amended the bill by:
(1) Replacing the term "victim" with the more neutral and accurate term of "complainant;"
(2) Requiring that information from HIV test results not be:
(a) Disclosed by the Adult Probation Division through any report;
(b) Taken into account by the court for any purpose; and
(c) Taken into account by the Hawaii Paroling Authority for any purpose;
(3) Making technical and nonsubtantive changes for the purposes of style and clarity.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1901, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1901, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
ERIC G. HAMAKAWA, Chair