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     Section A. Section 567.020, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 191.651 and 567.020, to read as follows: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

     3. A person who knows, or should have known, that such person had tested positive to the human immunodeficiency virus and commits the crime of prostitution is guilty of a class C felony.

     4. The 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 shall allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty.