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House approves bill requiring HIV testing for convicted prostitutes after heated debate

Utah House of Representatives · February 4, 1993
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Summary

The Utah House passed House Bill 24, requiring mandatory HIV testing for people convicted of prostitution and enhancing penalties for knowingly reoffending while HIV-positive. Supporters called it a public‑safety measure; opponents cited constitutional and correctional-cost concerns. Vote: 51–17.

House Bill 24 — a measure that requires mandatory HIV testing for people convicted of prostitution and elevates penalties for knowingly reoffending while HIV‑positive — passed the Utah House on the floor and will be sent to the Senate for consideration. The vote was 51 yes and 17 no.

Representative Kurt E. Oskerton, the bill sponsor, framed the measure as a public‑health and safety step. "If a prostitute and a customer is convicted of prostitution, they are given a test, HIV mandatory test," Oskerton said on the floor, describing a process of confidential testing, counseling and written/verbal information on treatment and consequences. The bill also makes knowingly continuing to engage in prostitution after being told one is HIV‑positive a third‑degree felony, the sponsor said.

Supporters argued the bill targets a narrow group already arrested for prostitution and provides a way to identify and counsel people who pose a public‑health risk. Representative Silpak said the measure would help identify infected individuals and protect unsuspecting citizens. Representative Hunter urged colleagues to support the bill and called for decisive action to limit spread of the virus.

Opponents warned the bill could create constitutional problems and worsen correctional burdens. Representative Carlton called the proposal "naive" on public‑health grounds, saying imprisonment would not cure underlying causes such as addiction and poverty and could increase correctional costs. Representative Buckmeyer raised the possibility that the measure conflicts with federal protections for people with disabilities, noting the Americans with Disabilities Act (ADA) recognizes people with HIV as having a disability and urging further legal review; supporters pointed to decisions in California and Illinois that the floor discussion cited as upholding broadly similar statutory approaches.

The bill drew several floor amendments. Representative Rapper successfully moved to adjust misdemeanor classifications (raising some customer penalties to parity with prostitute penalties), and other technical changes were adopted during debate. On the question of treatment costs and state liability for ordered treatment, the sponsor said available programs and Medicaid could cover many cases, though details and capacity were raised by several members.

The House concluded debate and passed HB 24 51–17. The bill record shows that it will be referred to the Senate. The sponsor and several members said they expect the Senate to take up the measure for its next steps.