Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING USE OF HIV TESTING INFORMATION IN CASES WHERE THE PERSON TESTED IS CHARGED WITH A CRIME INVOLVING SEXUAL BEHAVIOR.

Summary of Assessment

            This bill would require a person who is convicted under a municipal ordinance that is comparable to the offense of prostitution or patronizing a prostitute to submit to Human Immunodeficiency Virus (HIV) testing. The bill requires results of that test to be reported to either the District Attorney or Municipal Attorney. The District or Municipal Attorney would be authorized to release test results to a District or Municipal Attorney in another jurisdiction if a person is charged with prostitution or patronizing a prostitute in that jurisdiction.

            The bill would require the court to order any person who has been bound over for trial on a sex offense involving penetration to submit to HIV testing. Test results shall be reported to the District Attorney who is required to maintain confidentiality except under specified circumstances. The District Attorney would be allowed to seek information from the State Department of Public Health and Environment and local health departments concerning whether disclosure of positive test results occurred before committing the offense. The bill would require state and local health departments to provide oral and written information about the positive notice and the date of the notice. The bill would not increase workload on the local level, therefore, there would be no fiscal impact to local government.

            The bill would be effective upon signature of the Governor and would apply to offenses committed on or after that date.

            The bill is assessed as having no fiscal impact on state revenue or expenditures. The Department of Public Health and Environment anticipates the impact to be minimal and it is assumed that any additional workload would be absorbed within existing resources. Additionally, the bill does not impact the Colorado Medicaid Program because the bill specifies the person subject to the testing is responsible for the cost.

Departments Contacted

            Department of Human Services

            Department of Public Health and Environment

            Heath Care Policy and Financing