09 LC 35 1369S(SCS)
Senate
Bill 64
By:
Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the
45th, Sims of the 12th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally, so as to provide that,
subject to appropriations or funding, certain incarcerated persons shall be
tested for HIV prior to discharge; to provide for notice; to provide for
counseling; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by adding a new Code section to
read as follows:
"42-5-52.2.
(a)
Subject to appropriations by the General Assembly or other funding made
available to the department for such purposes, any person who has been in the
custody of a penal institution for one year or longer and who has not previously
tested positive for HIV shall submit to an HIV test between 60 and 120 days
prior to the expected date of discharge from the facility.
(b)
Each person tested as provided in subsection (a) of this Code section shall be
notified of the results of such testing in writing prior to his or her
discharge. Any person testing positive for HIV, and any person who has
previously tested positive for such condition, shall be given counseling
relating to living with such condition after release from incarceration. The
Department of Corrections is directed to provide the requirements of such
counseling.
(c)
The provisions of this Code section shall not be construed to limit the
provision for HIV testing in Code Section
42-9-42.1."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.