[Congressional Record Volume 141, Number 203 (Monday, December 18, 1995)]
[Extensions of Remarks]
[Page E2375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




MANDATORY TESTING FOR THOSE CONVICTED OF ASSAULT THAT MAY HAVE EXPOSED 
                          VICTIM TO AIDS VIRUS

                                 ______


                         HON. THOMAS J. MANTON

                              of new york

                    in the house of representatives

                       Monday, December 18, 1995

  Mr. MANTON. Mr. Speaker, you have probably heard about the 6-year-old 
girl from Queens, Collete Lopez, who was stabbed with a hypodermic 
needle by a mentally disturbed vagrant. Collete and her family received 
some good news recently when Collete's initial test for HIV virus came 
back negative. But Collete will have to continue to be tested for the 
next 6 months before she and her family know for certain that she was 
not infected with the AIDS virus.
  Mr. Speaker, I was shocked to learn that the perpetrator of this 
assault has no legal obligation to take an AIDS test himself. Under 
current law, a percentage of Federal funds are withheld from those 
States that fail to enact laws requiring convicted sexual offenders be 
tested for AIDS. However, there is no provision that addresses cases 
like this, where the victim is potentially exposed to the AIDS virus 
through a non-sexual, yet violent, assault. Until the perpetrator in 
this case is tested, the Lopez family will continue to be victimized by 
fear and uncertainty.
  I have introduced legislation that would remedy this unthinkable 
situation. My legislation would force States to enact laws to require, 
at the victims request, that those who perpetrate crimes such as this 
one, undergo an AIDS test and report the results to the victim.
  Mr. Speaker, for victims of violence, it is difficult enough dealing 
with a traumatic event, and its aftermath, without the specter of AIDS. 
When violent crime potentially causes a transfer of blood, the 
perpetrator should be required to take a blood test to determine 
whether they exposed their victim to the AIDS virus. My sincere hope is 
that this legislation will enable victims, such as Collete Lopez, and 
their families to get past the vicious crime, and on with their lives.

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