MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B; County Affairs

By: Representative Green (72nd)

House Bill 21

AN ACT TO AMEND SECTION 99-37-25, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TESTING OF PERSONS ARRESTED, CHARGED OR CONVICTED OF RAPE OR OTHER SEX OFFENSES FOR ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND OTHER SEXUALLY TRANSMITTED DISEASES; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 99-37-25, Mississippi Code of 1972, is amended as follows:

99-37-25. (1) (a) Upon application submitted by the victim of an alleged rape, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, exploitation of children as described in Section 97-5-33 or sexual battery as described in Section 97-3-95, or an attempt to commit any such offense, and approval by the district attorney who has jurisdiction over the prosecution of the alleged offense, the county in which the alleged offense occurred shall pay for the initial medical examination conducted for the procurement of evidence to aid in the investigation and prosecution of the alleged offense. Such payment shall be limited to the customary and usual hospital and physician charges for such services in the area. Further, such payment to the victim shall be diminished to the extent that the victim is reimbursed such expenditures through insurance or any other source. Payment shall not be made to the victim if the victim has not paid the bill tendered by the medical provider, but, in such event, payment shall be made directly to the medical provider.

(b) Upon application submitted by the victim, or if the victim is a child by the guardian of the victim, of a rape or of felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, exploitation of children as described in Section 97-5-33 or sexual battery as described in Section 97-3-95, and approval by the district attorney who has jurisdiction over the prosecution of the offense with the proper warrant or court order, the county in which the offense occurred shall pay for a medical examination of the person arrested, charged or convicted of such offense to determine if the person so convicted has Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmitted disease. Such payment shall be made by the county directly to the health care provider or other service performing the tests. The results of such test shall be made available to the victim or, if the victim is a child, to the guardian of the victim.

(2) Any defendant who is convicted of, or pleads guilty or nolo contendere to, an offense in violation of rape, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, exploitation of children as described in Section 97-5-33 or sexual battery as described in Section 97-3-95, or an attempt to commit any such offense, shall be ordered by the court to make restitution to the county in an amount equal to the compensation paid by the county to the victim or medical provider for the initial medical examination and tests for Acquired Immune Deficiency Syndrome (AIDS) and other sexually transmitted diseases. Such restitution shall be in addition to any restitution which the court orders the defendant to pay the victim under the provisions of Chapter 37 of Title 99, (Sections 99-37-1 through 99-37-21), Mississippi Code of 1972.

(3) The board of supervisors of any county is hereby authorized, in its discretion, to make application for and comply with such requirements as may be necessary to qualify for any federal funds as may be made available through the Department of Criminal Justice Planning as a result of services rendered to crime victims under the provisions of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.