STAND. COM. REP. NO.303-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 1901

H.D. 1




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Health, to which was referred H.B. No. 1901 entitled:


begs leave to report as follows:

The purpose of this bill is to require HIV testing of individuals:

(1) Charged with sexual assault, including child abuse and incest, by court order; and

(2) Convicted of sexual assault, including child abuse and incest.

The Department of the Prosecuting Attorney of the City and County of Honolulu, Child Welfare Services State Advisory Council, Sex Abuse Treatment Center, Hawaii Medical Association, Honolulu Police Department, and the Hawaii Coalition Against Sexual Assault testified in support of this measure.

The Office of the Public Defender submitted comments.

Your Committee finds that individuals convicted of sexual assault are tested for HIV upon the issuance of a court order. However, court orders are not always issued. Even if a court order is issued after the conviction, it is usually months after the assault took place. Your Committee finds that victims are often left wondering if they may have been infected with a sexually transmitted disease by their perpetrator, contributing to more mental anguish and suffering.

Your Committee has amended this bill by:

(1) Removing offenses that do not transmit bodily fluids from the list of offenses that require HIV testing for charged or convicted individuals;

(2) Removing the good faith exception to further protect confidentiality of the test results; and

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

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1901, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1901, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Health,