The bill proposes to repeal a section of Rhode Island law that mandates HIV testing for individuals convicted of prostitution, as recommended by a Special Legislative Study Commission focused on ensuring racial equity and optimizing health and safety laws affecting marginalized individuals. The Commission, which met between November 2021 and April 2023, issued a final report suggesting the repeal of § 23-6.3-4(a)(7) that requires mandatory HIV testing for those convicted of prostitution. The bill aligns with similar legislative changes in other states like Nevada, Virginia, and Colorado, and maintains access to resources for those living with HIV who are arrested for commercial sexual activity.

The bill amends Section 23-6.3-4 of the General Laws, removing the clause that mandates HIV testing for individuals convicted of commercial sexual activity, and instead provides them the option to be tested. It also ensures that all individuals tested are informed of their results and those who are injecting drug users are referred to appropriate substance abuse treatment. The bill includes provisions for maintaining sites for anonymous and confidential HIV testing and counseling, with free services for indigent individuals and a sliding scale for others. The act would take effect upon passage, repealing the requirement for mandatory HIV testing and allowing for optional testing for persons convicted under the chapter on commercial sexual activity.

Statutes affected:
7219: 23-6.3-4, 11-34.1-12