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2010 SESSION

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10101685D
HOUSE BILL NO. 160 Offered January 13, 2010 Prefiled January 5, 2010 A BILL to amend the Code of Virginia by adding a section numbered 53.1-33.1, relating to prisoners; mandatory testing for HIV. ---------- Patron-- Dance ---------- Referred to Committee on Militia, Police and Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 53.1-33.1 as follows:

§ 53.1-33.1. Mandatory testing for human immunodeficiency virus.

A. Each person received by the Department for whom the Department does not have a record of a positive test result shall be required to submit to testing for infection with human immunodeficiency virus upon arrival, and at such other times thereafter as may be deemed necessary, including but not limited to prior to the release of a prisoner. Prior to administering a test for infection with human immunodeficiency virus, the Department shall inform or cause to be informed the prisoner to be tested of the purpose of the test.

B. If a test of a prisoner for infection with human immunodeficiency virus is positive, indicating that the prisoner is infected with human immunodeficiency virus, the Department shall provide access to counseling, health care, and support services for the prisoner.

The Director may, upon application of the person in charge of any state correctional facility made in response to a written request by a physician at the facility and a finding that the continued presence of the prisoner at the facility constitutes a health risk, remove and transfer a prisoner who has received a positive result of infection with human immunodeficiency virus to a facility or place designated by the Commissioner where the prisoner may be safely kept and treated. A prisoner transferred pursuant to this subsection shall remain at the facility or place to which he was transferred until such time as the health risk has been abated or the term of the prisoner's imprisonment has expired.

C. The Department shall not release the results of any test for human immunodeficiency virus of any prisoner to any person other than the prisoner, except that the Department shall report any positive test result for human immunodeficiency virus to the Department of Health pursuant to § 32.1-36, and may release such results as required or authorized by law.