HB261 Alabama 2016 Session

Summary

Primary Sponsor

Connie C. Rowe

Republican

Session

Regular Session 2016

Title

Sexually transmitted diseases, testing for perpetrators who compelled a victim to engage in sexual activity by force required, testing to be performed within 48 hours, Secs. 15-23-101, 15-23-102 am'd.

Summary

HB261 would expand and speed up STD testing for sexual crime cases by allowing testing for a broader range of crimes and requiring testing within 48 hours when the defendant is in custody after charges are filed.

What This Bill Does

It adds authorization to test for sexually transmitted diseases in crimes where the victim was forced to have sex, not just rape or sexual misconduct. The district attorney can file a motion for testing upon request by the alleged victim or their parent/guardian, and the court must order testing if there is probable cause. If an information or indictment has been filed and the defendant is in custody, the testing must occur within 48 hours of service. Test results are kept confidential and accessible only to the alleged victim, their parent/guardian, the attending physician, and the person tested. If the test is positive, the victim receives counseling and referrals for health care and other services; if negative, follow-up tests are required as directed by the State Health Officer and Board of Health.

Who It Affects

• Victims of crimes where the victim was compelled to engage in sexual activity by force (and their parents/guardians) who may request testing and receive information related to the test.
• Defendants charged with rape, sodomy, sexual misconduct, or other crimes where the victim was forced to have sex, particularly those in custody after information or indictment, who would be subject to testing within 48 hours.

Key Provisions

• Authorizes testing for sexually transmitted diseases for crimes beyond rape, sodomy, or sexual misconduct to include those where the victim was forced to engage in sex by force.
• Requires testing to be performed within 48 hours of service if an information or indictment has been presented and the defendant is in custody.
• Allows the district attorney to file a motion for testing upon request by the alleged victim or the victim's parent/guardian; court must order testing if probable cause exists.
• Designates an attending physician chosen by the alleged victim or guardian to receive information about the test.
• Keeps test results confidential, accessible only to the alleged victim, the guardian, the attending physician, and the person tested.
• Provides post-test counseling and health care/referral services if the test is positive, and requires follow-up tests if negative as directed by the State Health Officer and Board of Health.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health