To repeal section 567.020, RSMo 1994, relating to prostitution, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 567.020, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 191.651 and 567.020, to read as follows:

     191.651. Any person convicted for the crime of prostitution, as defined in section 567.020, RSMo, shall undergo HIV testing without the right of refusal.

     567.020. 1. A person commits the crime of prostitution if [he] the person performs an act of prostitution.

     2. Prostitution is a class B misdemeanor, except as provided in subsection 3 of this section.

     3. Prostitution is a class C felony if a person commits the crime of prostitution and:

     (1) Any controlled substance, the possession of which is unlawful pursuant to chapter 195, RSMo, is in the person's possession at the time of arrest and the person has a previous conviction for prostitution; or

     (2) The person knows, or should have known, that such person had tested positive for the human immunodeficiency virus.

     4. A judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty, before sentencing. Upon the successful completion of such program by the defendant, the court may allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty.