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Senate panel clears bill letting sexual-assault victims request HIV testing of accused
Summary
The Senate Judiciary Committee voted to advance SB 308 after survivors and prosecutors described delays in getting HIV testing done for accused assailants. Sponsor and a victim testified the measure creates a victim-initiated pathway while preserving existing prosecutorial authority and federal grant compliance.
The Senate Judiciary Committee on Monday approved SB 308, a bill that would allow a sexual-assault victim to request that the person accused be tested for HIV when the prosecutor has not arranged the test in a timely way.
Senator Hammer, who carried the bill, said the amendment before the committee was negotiated with local prosecutors and the Department of Justice to avoid jeopardizing grant funds. Will Groover, a Sling County civil attorney who worked on the language, told the panel the Department of Justice and local prosecutors support the change and that the amendment addressed concerns raised at an earlier hearing.
Amy Stanley, who identified herself as a survivor from Miller County, said in testimony that she repeatedly asked prosecutors to seek testing and ultimately had to get tested herself. "Because no one did it for me, I had to do it myself," she said, describing the expense and retraumatization of obtaining testing at a clinic twice. Her account prompted several senators to ask whether the change should be mandatory; sponsor and counsel said the bill was designed as a pathway for victims and that mandatory language could be considered in separate legislation.
Senator Hammer asked for a favorable do-pass recommendation; the motion by Senator Ballinger, seconded by Senator Stubblefield, carried on a voice vote.
The bill's sponsors said the measure preserves prosecutorial authority while creating an option for victims when prosecutors are delayed. Supporters argued the change reduces burden on victims at a critical time; some committee members signaled interest in later proposals to make testing mandatory. The committee recorded a do-pass recommendation and the bill will move to the next Senate committee or floor scheduling process.
