08 LC 21
9450
Senate
Bill 386
By:
Senators Reed of the 35th, Butler of the 55th, Seay of the 34th, Orrock of the
36th, Tate of the 38th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally, so as to provide that
certain incarcerated persons shall be tested for HIV and hepatitis prior to
discharge; to provide for notice; to provide for counseling; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by adding a new Code section to
read as follows:
"42-5-52.2.
(a)
Any person who has been in the custody of a penal institution for one year or
longer and who has not previously tested positive for HIV shall submit to an HIV
test between 60 and 120 days prior to the expected date of discharge from the
facility.
(b)
Any person who has been in the custody of a penal institution for one year or
longer and who has not previously tested positive for hepatitis shall submit to
a hepatitis test between 60 and 120 days prior to the expected date of discharge
from the facility.
(c)
Each person tested as provided in subsections (a) and (b) of this Code section
shall be notified of the results of such testing in writing prior to his or her
discharge. Any person testing positive for HIV or hepatitis, and any person who
has previously tested positive for either such condition, shall be given
counseling relating to living with such condition after release from
incarceration. The Department of Corrections is directed to provide the
requirements of such counseling.
(d)
The provisions of this Code section shall not be construed to limit the
provision for HIV testing in Code Section 42-9-42.1."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.