GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 211

Short Title:  Sex Assault:  VD Test Results.	(Public)
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Sponsors: Representative Privette.
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Referred to:  Judiciary.
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February 14, 1989

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT PERSONS CONVICTED OF SEXUAL ASSAULT BE TESTED FOR VENEREAL DISEASE, INCLUDING THE AIDS VIRUS INFECTION, AND THAT THE VICTIM OF THE SEXUAL ASSAULT BE NOTIFIED OF THE RESULTS OF THE TESTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1353(a) reads as rewritten:
"(a)	When a sentence includes a term or terms of imprisonment, the court must issue an order of commitment setting forth the judgment.  Unless otherwise specified in the order of commitment, the date of the order is the date service of the sentence is to begin.
If the defendant is convicted of first or second degree rape or first or second degree sexual offense, the court shall specify in the order of commitment that within 30 days of the issuance of the order the defendant shall be examined for venereal disease, such examination to include testing for Acquired Immune Deficiency Syndrome (AIDS)	virus infection, and that within 30 days of examination of the defendant the victim of the sexual assault shall be notified of the results of the examination. The order shall further specify that the examination shall be made under the direction of the Department of Human Resources pursuant to the provisions of G.S. 148-10 and G.S. 130A-148 and that notification of the results of the examination shall be made to the victim by the Department of Human Resources pursuant to the provisions of G.S. 130A-140.1 and G.S. 130A-143.
If a female defendant is convicted of a nonviolent crime and the court is provided medical evidence from a licensed physician that the  defendant is pregnant or the court otherwise determines that the defendant is pregnant, the court may specify in the order that the date of service of the sentence is not to begin until at least six weeks after the birth of the child or other termination of the pregnancy unless the defendant requests to serve her term as the court would otherwise order. The court may impose reasonable conditions upon defendant during such waiting period to insure that defendant will return to begin service of the sentence.
If the court sentences a defendant pursuant to G.S. 15A-1351(a), the period during which that defendant is awaiting imprisonment shall be considered part of the probationary sentence and such defendant shall be subject to all incidents and conditions of probation."
Sec. 2. G.S. 15A-1342(c) reads as rewritten:
	"(c) Conditions; Suspended Sentence.
When the court places a convicted offender on probation, it must determine conditions of probation as provided in G.S. 15A-1343. In addition, it must impose a suspended sentence of imprisonment, determined as provided in Article 83, Imprisonment, which may be activated upon violation of conditions of probation.  If the court places a person convicted of second degree rape or second degree sexual offense on probation, the court shall order that before being released on probation the convicted person shall be examined for venereal disease, such examination to include testing for Acquired Immune Deficiency Syndrome (AIDS)	virus infection, and that within 30 days of the examination the victim of the sexual assault shall be notified of the results of the examination.  The court shall further order that the examination shall be made under the direction of the Department of Human Resources pursuant to the provisions of G.S. 130A-148 and that notification of the results of the examination shall be made to  the victim by the Department of Human Resources under the provisions of G.S. 130A-140.1 and G.S. 130A-143."
Sec. 3. G.S. 148-10 reads as rewritten:
"§ 148-10. Department of Human Resources to supervise sanitary and health conditions of prisoners.
(a)	The Department of Human Resources shall have general supervision over the sanitary and health conditions of the central prison, over the prison camps, or other places of confinement of prisoners under the jurisdiction of the State Department of Correction, and shall make periodic examinations of the same and report to the State Department of Correction the conditions found there with respect to the sanitary and hygienic care of such prisoners. 
(b)	The Department of Human Resources shall have general supervision over examinations of prisoners for venereal disease, including testing for Acquired Immune Deficiency Syndrome (AIDS) virus infection, which examinations have been specified in an order of commitment issued pursuant to the provisions of G.S. 15A-1353. A prisoner may be taken, when necessary, to a medical facility outside the State prison system for examinations made in accordance with the provisions of G.S. 15A-1353. Costs incurred in administering examinations ordered under G.S. 15A-1353 may be paid from applicable appropriations to the Department of Human Resources and reimbursed from applicable appropriations to the Department of Correction."
Sec. 4.  Article 6, Part 1 of Chapter 130A of the General Statutes is amended by a adding a new section to read:
"§ 130A-140.1.  Sexual Assault: Testing and Notification of Results.
Upon issuance of a court order made pursuant to G.S. 15A-1353, G.S. 15A-1342, and G.S. 7A-649, the Department of Human Resources shall examine persons convicted of rape and sexual offense for the presence of venereal disease, including Acquired Immune Deficiency Syndrome (AIDS)	virus infection, and shall notify the victim of the rape or sexual offense of the results of the examination.  The Department shall provide the victim with the results of the examination within 30 days of the performance of the examination, and shall also provide the results of the examination to the person or persons examined.  The Department shall provide examination results without cost to the victim of the sexual assault or to the person examined."
Sec. 5.  G.S. 7A-649 reads as rewritten:
"§ 7A-649. Dispositional alternatives for delinquent juvenile.
(a)	In the case of any juvenile who is delinquent, the judge may:
(1) 	Suspend imposition of a more severe, statutorily permissible disposition with the provision that the juvenile meet certain conditions agreed to by him and specified in the dispositional order. The conditions shall not exceed the maximum criminal sanction permissible for the offense;
(2) 	Require restitution, full or partial, payable within a 12-month period to any person who has suffered loss or damage as a result of the offense committed by the juvenile. The judge may determine the amount, terms, and conditions of the restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of restitution; however, the judge shall not require the juvenile to make restitution if the juvenile satisfies the court that he does not have, and could not reasonably acquire, the means to make restitution;
(3) 	Impose a fine related to the seriousness of the juvenile's offense. If the juvenile has the ability to pay the fine, it shall not exceed the maximum fine for the offense if committed by an adult;
(4) 	Order the juvenile to perform supervised community service consistent with the juvenile's age, skill, and ability, specifying the nature of the work and the number of hours required. The work shall be related to the seriousness of the juvenile's offense and in no event may the obligation to work exceed 12 months;
(5) 	Order the juvenile to a supervised day program, requiring him to be present at a specified place for all or part of every day or of certain days. The judge also may require the juvenile to comply with any other reasonable conditions specified in the dispositional order that are designed to facilitate supervision;
(6) 	Order the juvenile to a community-based program of academic or vocational education or to a professional residential or nonresidential treatment program. Participation in the programs shall not exceed 12 months;
(7) 	Impose confinement on an intermittent basis in an approved detention facility. Confinement shall be limited to:
a. 	Night custody for no more than a total of five nights; or
b. 	Weekend custody for no more than a total of two weekends;
	Confinement in either case shall be completed within a period of 60 days from the date of disposition;
(8) 	Place the juvenile on probation under the supervision of a court counselor. In any case where a juvenile is placed on probation, the court counselor shall have the authority to visit the juvenile where he resides. The judge shall specify conditions of probation that are related to the needs of the juvenile including any of the following which apply:
a. 	That the juvenile shall remain on good behavior and not violate any laws;
b. 	That the juvenile attend school regularly;
c. 	That the juvenile not associate with specified persons or be in specified places;
d. 	That the juvenile report to a court counselor as often as required by a court counselor;
e. 	That the juvenile make specified financial restitution or pay a fine in accordance with subdivisions (2) and (3);
f. 	That the juvenile be employed regularly if not attending school.
An order of probation shall remain in force for a period not to exceed one year from the date entered. Prior to expiration of an order of probation, the judge may extend it for an additional period of one year after a hearing if he finds that the extension is necessary to protect the community or to safeguard the welfare of the juvenile;
(9) 	Order that the juvenile shall not be licensed to operate a motor vehicle in the State of North Carolina for as long as the court retains jurisdiction over the juvenile or for any shorter period of time;
(10)	Commit the juvenile to the Division of Youth Services in accordance with G.S. 7A-652. 
(b)	In the case of any juvenile who is adjudicated delinquent on the basis of having committed the crime of first or second degree rape, or first or second degree sexual offense, the judge shall order the juvenile to undergo examination for venereal disease, such examination to include testing for Acquired Immune Deficiency Syndrome virus infection.  The examination shall be conducted under the supervision of the Department of Human Resources within 30 days of the adjudication of delinquency, and the victim of the sexual assault shall be notified by the Department of the results of the examination in the same manner as set forth in G.S. 130A-140.1.  The requirements of this subsection shall also apply to juveniles transferred to the jurisdiction of the superior court under the provisions of G.S. 7A-608."
Sec. 6.  This act shall become effective October 1, 1989, and shall apply to persons convicted of or adjudicated delinquent on the basis of having committed the crime of rape or sexual offense on or after that date.