MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division B
By: Senator(s) Wiggins, Jackson (11th)
AN ACT TO AMEND SECTION 99-3-41, MISSISSIPPI CODE OF 1972, TO CLARIFY HIV TESTING FOR PERSONS ARRESTED FOR THE COMMISSION OF A SEX CRIME AGAINST A MINOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-3-41, Mississippi Code of 1972, is amended as follows:
99-3-41. (1)
Every person who is arrested for the commission of any sex crime against a
minor as provided in Section 97-5-51, the Mississippi Child Protection Act,
shall be tested for the human immunodeficiency virus (HIV) and the acquired
immune deficiency syndrome (AIDS). * * * The test shall be administered
upon arrest but * * *
no later than twenty-four (24) hours after arrest. The test shall be performed
by any qualified medical personnel in conjunction with the arresting
authority. The arresting authority shall report the results of * * * all
tests to the State Department of Health * * * and the Children's Safe Center no later
than twenty-four (24) hours after the test results are available. Each
victim of the alleged offense, or the parent, guardian, or custodian of each
minor victim, and the accused shall be notified of the test results not
later than twenty-four (24) hours after the test results are available. The
State Department of Health shall provide counseling and the referral for the
appropriate treatment for each victim when the accused tested positive for HIV
or AIDS. For the purposes of this section, the term "minor" means
the same as defined in Section 97-5-51. The HIV and AIDS tests collected under
the authority of this section shall not be used for any other purpose that is
not authorized by this section.
(2) Any qualified medical
personnel * * *
or arresting authority who is authorized to perform the test required by
subsection (1) of this section shall only keep the results of HIV and * * * AIDS tests, but shall destroy any
biological sample taken from a person for purposes of performing * * * the tests.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.