BP BHEAD INT H

AN ACT Relating to juvenile offenders; amending RCW 43.43.754 and 70.24.340; and creating a new section.

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

Sec. 1. RCW 43.43.754 and 1990 c 230 s 3 are each amended to read as follows:

After July 1, 1990, every ((~~individual~~)) adult or juvenile convicted in a Washington superior court of a felony defined as a sex offense under RCW 9.94A.030((~~(29)(a)~~)) or a violent offense as defined in RCW 9.94A.030((~~(32)~~)) shall have a blood sample drawn for purposes of DNA identification analysis. For persons convicted of such offenses after July 1, 1990, who are serving a term of confinement in a county jail or detention facility, the county shall be responsible for obtaining blood samples prior to release from the county jail or detention facility. For persons convicted of such offenses after July 1, 1990, who are serving a term of confinement in a department of corrections facility or a department of social and health services facility, the department shall be responsible for obtaining blood samples prior to release from such facility. Any blood sample taken pursuant to RCW 43.43.752 through 43.43.758 shall be used solely for the purpose of providing DNA or other blood grouping tests for identification analysis and prosecution of a sex offense or a violent offense. For purposes of this section, the term "convicted" means an adult conviction or juvenile adjudication of a felony that is a sex offense or a violent offense.

Sec. 2. RCW 70.24.340 and 1988 c 206 s 703 are each amended to read as follows:

(1) Local health departments authorized under this chapter shall conduct or cause to be conducted pretest counseling, HIV testing, and posttest counseling of all persons:

(a) Convicted of a sexual offense under chapter 9A.44 RCW;

(b) Convicted of prostitution or offenses relating to prostitution under chapter 9A.88 RCW; or

(c) Convicted of drug offenses under chapter 69.50 RCW if the court determines at the time of conviction that the related drug offense is one associated with the use of hypodermic needles.

(2) Such testing shall be conducted as soon as possible after sentencing and shall be so ordered by the sentencing judge.

(3) This section applies only to offenses committed after March 23, 1988.

(4) A law enforcement officer, fire fighter, health care provider, health care facility staff person, or other categories of employment determined by the board in rule to be at risk of substantial exposure to HIV, who has experienced a substantial exposure to another person's bodily fluids in the course of his or her employment, may request a state or local public health officer to order pretest counseling, HIV testing, and posttest counseling for the person whose bodily fluids he or she has been exposed to. The person who is subject to the order shall be given written notice of the order promptly, personally, and confidentially, stating the grounds and provisions of the order, including the factual basis therefor. If the person who is subject to the order refuses to comply, the state or local public health officer may petition the superior court for a hearing. The standard of review for the order is whether substantial exposure occurred and whether that exposure presents a possible risk of transmission of the HIV virus as defined by the board by rule. Upon conclusion of the hearing, the court shall issue the appropriate order. The state or local public health officer shall perform counseling and testing under this subsection if he or she finds that the exposure was substantial and presents a possible risk as defined by the board of health by rule.

(5) For purposes of this section, the term "convicted" means adult convictions or juvenile adjudications of the offenses listed in subsection (1) of this section.

NEW SECTION. Sec. 3. The amendment to RCW 70.24.340 contained in section 2, chapter ..., Laws of 1994 (section 2 of this act) is a codification of the Washington State Supreme Court's decision in In re A, B, C, D, E, 121 Wn.2d 80 (1993) interpreting RCW 70.24.340 and is not intended to reflect a change in existing law.