AB969, s. 111
8Section
111. 631.90 (3) (a) of the statutes is amended to read:
AB969,36,169
631.90
(3) (a) Subsection (2) does not apply with regard to
any an HIV test
or
10series of tests for use in the underwriting of individual life, accident and health
11insurance policies
that the person designated by the secretary of health and family
12services as the state epidemiologist finds medically significant and sufficiently
13reliable for the presence of HIV, antigen or nonantigenic products of HIV or an
14antibody to HIV and that the commissioner finds and designates by rule as
15sufficiently reliable for use in the underwriting of individual life, accident and health
16insurance policies.
AB969, s. 112
17Section
112. 631.90 (3) (b) of the statutes is amended to read:
AB969,36,2018
631.90
(3) (b) Paragraph (a) does not authorize the use of
any an HIV test
or
19series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an
20antibody to HIV to discriminate in violation of s. 628.34 (3).
AB969, s. 113
21Section
113. 901.05 (2) (intro.) of the statutes is amended to read:
AB969,37,422
901.05
(2) (intro.) Except as provided in sub. (3), the results of
a test or tests
23for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to
24HIV an HIV test, as defined in s. 252.01 (2m), are not admissible during the course
25of a civil or criminal action or proceeding or an administrative proceeding, as
1evidence of a person's character or a trait of his or her character for the purpose of
2proving that he or she acted in conformity with that character on a particular
3occasion unless the evidence is admissible under s. 904.04 (1) or 904.05 (2) and unless
4the following procedures are used:
AB969, s. 114
5Section
114. 938.296 (1) (bm) of the statutes is created to read:
AB969,37,66
938.296
(1) (bm) "HIV test" has the meaning given in s. 252.01 (2m).
AB969, s. 115
7Section
115. 938.296 (2) (intro.) of the statutes is amended to read:
AB969,37,178
938.296
(2) Sexually transmitted disease
and HIV testing. (intro.) In a
9proceeding under s. 938.12 or 938.13 (12) in which the juvenile is alleged to have
10violated s. 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085 (2), the district
11attorney or corporation counsel shall apply to the court for an order requiring the
12juvenile to submit to
a an HIV test
and a test or a series of tests
administered by
13a health care professional to detect the presence of
HIV, antigen or nonantigenic
14products of HIV, an antibody to HIV or a sexually transmitted disease
, each of which
15tests are to be administered by a health care professional, and to disclose the results
16of
that test or series of those tests as specified in sub. (4) (a) to (e), if all of the following
17apply:
AB969, s. 116
18Section
116. 938.296 (4) (intro.) of the statutes is amended to read:
AB969,38,919
938.296
(4) Disclosure of sexually transmitted disease and HIV test
20results. (intro.) On receipt of an application for an order under sub. (2), the court
21shall set a time for a hearing on the application. If the juvenile has been found not
22competent to proceed under s. 938.30 (5), the court may hold a hearing under this
23subsection only if the court first determines that the probable cause finding can be
24fairly made without the personal participation of the juvenile. If, after hearing, the
25court finds probable cause to believe that the juvenile has significantly exposed the
1victim or alleged victim, the court shall order the juvenile to submit to
a an HIV test
2or and a
test or series of tests
administered by a health care professional to detect
3the presence of
HIV, antigen or nonantigenic products of HIV, an antibody to HIV or 4a sexually transmitted disease.
The tests shall be administered by a health care
5professional. The court shall require the health care professional who performs the
6test or series of tests to refrain
, notwithstanding s. 252.15 (4) (c), from making the
7test results part of the juvenile's permanent medical record and
, notwithstanding s.
8252.15 (3) and (5) (a) (intro.), to disclose the results of the
test tests to any of the
9following:
AB969, s. 117
10Section
117. 938.296 (5) (intro.) of the statutes is amended to read:
AB969,39,211
938.296
(5) Disclosure of communicable disease test results. (intro.) On
12receipt of an application for an order under sub. (2m), the court shall set a time for
13a hearing on the application. If the juvenile has been found not competent to proceed
14under s. 938.30 (5), the court may hold a hearing under this subsection only if the
15court first determines that the probable cause finding can be fairly made without the
16personal participation of the juvenile. If, after hearing, the court finds probable
17cause to believe that the act or alleged act of the juvenile that constitutes a violation
18of s. 946.43 (2m) carried a potential for transmitting a communicable disease to the
19victim or alleged victim and involved the juvenile's blood, semen, vomit, saliva, urine
20or feces or other bodily substance of the juvenile, the court shall order the juvenile
21to submit to a test or a series of tests administered by a health care professional to
22detect the presence of any communicable disease that was potentially transmitted
23by the act or alleged act of the juvenile. The court shall require the health care
24professional who performs the test or series of tests to refrain
, notwithstanding s.
25252.15 (4) (c), if applicable, from making the test results part of the juvenile's
1permanent medical record and
, notwithstanding s. 252.15 (3) and (5) (a) (intro.), to
2disclose the results of the test to any of the following:
AB969, s. 118
3Section
118. 938.346 (1) (e) of the statutes is amended to read:
AB969,39,124
938.346
(1) (e) The procedure under s. 938.296 under which the victim, if an
5adult, or the parent, guardian or legal custodian of the victim, if the victim is a child,
6may request an order requiring a juvenile who is alleged to have violated s. 940.225,
7948.02, 948.025, 948.05, 948.06, or 948.085 (2) to submit to
a an HIV test
or, as
8defined in s. 252.01 (2m), and a test or a series of tests to detect the presence of
HIV,
9as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody
10to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to have the
11results of
that test or series of the tests disclosed as provided in s. 938.296 (4) (a) to
12(e).
AB969, s. 119
13Section
119. 938.371 (1) (a) of the statutes is amended to read:
AB969,39,2214
938.371
(1) (a)
Results Notwithstanding s. 252.15 (3) and (5) (a) (intro.), results 15of
a an HIV test
or a series of tests, as defined in s. 252.01 (2m), of the juvenile
to
16determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic
17products of HIV, or an antibody to HIV, under s. 252.15 (5) (a) 19., including results
18included in a court report or permanency plan. At the time that the
HIV test results
19are provided, the agency shall notify the foster parent, treatment foster parent,
20relative, or operator of the group home, residential care center for children and
21youth, or juvenile correctional facility of the confidentiality requirements under s.
22252.15 (6).
AB969, s. 120
23Section
120. 968.38 (1) (bc) of the statutes is created to read:
AB969,39,2424
968.38
(1) (bc) "HIV test" has the meaning given in s. 252.01 (2m).
AB969, s. 121
25Section
121. 968.38 (2) (intro.) of the statutes is amended to read:
AB969,40,8
1968.38
(2) (intro.) In a criminal action under s. 940.225, 948.02, 948.025,
2948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district attorney
3shall apply to the circuit court for his or her county to order the defendant to submit
4to
a an HIV test
or and to a test or a series of tests
administered by a health care
5professional to detect the presence of
HIV, antigen or nonantigenic products of HIV,
6an antibody to HIV or a sexually transmitted disease
, each of which tests shall be
7administered by a health care professional, and
, notwithstanding s. 252.15 (3) (a), 8to disclose the results of the test or tests as specified in sub. (4) (a) to (c):
AB969, s. 122
9Section
122. 968.38 (4) (intro.) of the statutes is amended to read:
AB969,41,310
968.38
(4) (intro.) The court shall set a time for a hearing on the matter under
11sub. (2) during the preliminary examination, if sub. (3) (a) applies; after the
12defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b)
13applies; after conviction or a finding of not guilty by reason of mental disease or
14defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that
15the defendant is not competent, if sub. (3) (d) applies. The court shall give the district
16attorney and the defendant notice of the hearing at least 72 hours prior to the
17hearing. The defendant may have counsel at the hearing, and counsel may examine
18and cross-examine witnesses. If the court finds probable cause to believe that the
19defendant has significantly exposed the victim or alleged victim, the court shall order
20the defendant to submit to
a an HIV test
and to a test or a series of tests
administered
21by a health care professional to detect the presence of
HIV, antigen or nonantigenic
22products of HIV, an antibody to HIV or a sexually transmitted disease.
The tests
23shall be performed by a health care professional. The court shall require the health
24care professional who performs the test to disclose the test results to the defendant
.
25The court shall require the health care professional who performs the test, to refrain
,
1notwithstanding s. 252.15 (4) (c), from making the test results part of the defendant's
2permanent medical record
, and
, notwithstanding s. 252.15 (3) (a) and (5) (a) (intro.), 3to disclose the results of the test to any of the following:
AB969, s. 123
4Section
123. 968.38 (5) (intro.) of the statutes is amended to read:
AB969,41,255
968.38
(5) (intro.) The court shall set a time for a hearing on the matter under
6sub. (2m) during the preliminary examination, if sub. (3) (a) applies; after the
7defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b)
8applies; after conviction or a finding of not guilty by reason of mental disease or
9defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that
10the defendant is not competent, if sub. (3) (d) applies. The court shall give the district
11attorney and the defendant notice of the hearing at least 72 hours prior to the
12hearing. The defendant may have counsel at the hearing, and counsel may examine
13and cross-examine witnesses. If the court finds probable cause to believe that the
14act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried
15a potential for transmitting a communicable disease to the victim or alleged victim
16and involved the defendant's blood, semen, vomit, saliva, urine or feces or other
17bodily substance of the defendant, the court shall order the defendant to submit to
18a test or a series of tests administered by a health care professional to detect the
19presence of any communicable disease that was potentially transmitted by the act
20or alleged act of the defendant. The court shall require the health care professional
21who performs the test to disclose the test results to the defendant. The court shall
22require the health care professional who performs the test to refrain
,
23notwithstanding s. 252.15 (4) (c), if applicable, from making the test results part of
24the defendant's permanent medical record and
, notwithstanding s. 252.15 (3) (a) and
25(5) (a) (intro.), to disclose the results of the test to any of the following:
AB969, s. 124
1Section
124. 973.017 (4) (a) 1m. of the statutes is created to read:
AB969,42,22
973.017
(4) (a) 1m. "HIV test" has the meaning given in s. 252.01 (2m).
AB969, s. 125
3Section
125. 973.017 (4) (b) 1. of the statutes is amended to read:
AB969,42,74
973.017
(4) (b) 1. At the time that he or she committed the serious sex crime,
5the person convicted of committing the serious sex crime had a sexually transmitted
6disease or acquired immunodeficiency syndrome or had had a positive
HIV test
for
7the presence of HIV, antigen, or nonantigenic products of HIV or an antibody to HIV.
AB969, s. 126
8Section
126. 973.017 (4) (b) 2. of the statutes is amended to read:
AB969,42,139
973.017
(4) (b) 2. At the time that he or she committed the serious sex crime,
10the person convicted of committing the serious sex crime knew that he or she had a
11sexually transmitted disease or acquired immunodeficiency syndrome or that he or
12she had had a positive
HIV test
for the presence of HIV, antigen, or nonantigenic
13products of HIV or an antibody to HIV.
AB969,42,1815
(1)
Positive HIV test result reporting. The treatment of section 252.15 (7)
16(b) 5m. of the statutes, as created by this act, first applies to records of test results
17reported to the state epidemiologist on the first day of the 4th month beginning after
18the effective date of this subsection.