529.090 Person convicted required to submit to screening for HIV infection -- Prostitution or procuring prostitution with knowledge of sexually transmitted disease or HIV

529.090 Person convicted required to submit to screening for HIV infection --

Prostitution or procuring prostitution with knowledge of sexually transmitted

disease or HIV.

(1) Any person convicted of prostitution or procuring another to commit prostitution

under the provisions of KRS 529.020 shall be required to undergo screening for

human immunodeficiency virus infection under direction of the Cabinet for Health

and Family Services and, if infected, shall submit to treatment and counseling as a

condition of release from probation, community control, or incarceration.

Notwithstanding the provisions of KRS 214.420, the results of any test conducted

pursuant to this subsection shall be made available by the Cabinet for Health and

Family Services to medical personnel, appropriate state agencies, or courts of

appropriate jurisdiction to enforce the provisions of this chapter.

(2) Any person who commits prostitution and who, prior to the commission of the

crime, had tested positive for a sexually transmitted disease and knew or had been

informed that he had tested positive for a sexually transmitted disease pursuant to

KRS 214.410 and that he could possibly communicate such disease to another

person through sexual activity is guilty of a Class A misdemeanor. A person may be

convicted and sentenced separately for a violation of this subsection and for the

underlying crime of prostitution.

(3) Any person who commits, offers, or agrees to commit prostitution by engaging in

sexual activity in a manner likely to transmit the human immunodeficiency virus

and who, prior to the commission of the crime, had tested positive for human

immunodeficiency virus and knew or had been informed that he had tested positive

for human immunodeficiency virus and that he could possibly communicate the

disease to another person through sexual activity is guilty of a Class D felony. A

person may be convicted and sentenced separately for a violation of this subsection

and for the underlying crime of prostitution.

(4) Any person convicted of procuring another to commit prostitution in a manner

likely to transmit the human immunodeficiency virus and who, prior to the

commission of the crime, had tested positive for human immunodeficiency virus

and knew or had been informed that he had tested positive for human

immunodeficiency virus and that he could possibly communicate the disease to

another person through sexual activity is guilty of a Class D felony.