§ 16-82-101 - Testing for human immunodeficiency virus -- Sexual offenses.
16-82-101. Testing for human immunodeficiency virus -- Sexual offenses.
(a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and under these circumstances is a danger to the public.
(b) (1) Any person arrested and charged with violating 5-14-103, 5-14-110, 5-14-124 -- 5-14-127, 5-26-202, and 5-70-102 may be required by the court having jurisdiction of the criminal prosecution, upon a finding of reasonable cause to believe that the person committed the offense and subject to constitutional limitations, to be tested for the presence of human immunodeficiency virus (HIV) or any antibody to human immunodeficiency virus (HIV) unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record.
(2) The test shall be confidentially administered by a licensed physician, the Division of Health of the Department of Health and Human Services, or a local health department.
(c) (1) If the victim or person with whom the defendant engaged in sexual penetration during the course of the crime consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim or person with whom the defendant engaged in sexual penetration during the course of the crime.
(2) After the defendant is tested as to the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) the person or agency administering the test shall immediately provide the test results to the victim or person with whom the defendant engaged in sexual penetration during the course of the crime, and shall refer the victim or other person for appropriate counseling.
(d) (1) It shall be mandatory that upon request of the victim, and conviction of the defendant, a court of competent jurisdiction shall order the convicted person to submit to testing to detect in the defendant the presence of the etiologic agent for acquired immunodeficiency syndrome (AIDS).
(2) For purposes of this subsection:
(A) The term "convicted" includes adjudicated under juvenile proceedings; and
(B) The term "sexual offense" shall mean those offenses enumerated in subdivision (b)(1) of this section.
(3) The testing of a person convicted of a sexual offense as enumerated in subdivision (b)(1) of this section shall be conducted by the division upon an order of a circuit court.
(4) The results of any tests performed pursuant to this subsection shall immediately be released to the victim and to the defendant; otherwise, the results of any tests performed shall be confidential and not subject to disclosure as public information under the Freedom of Information Act, 25-19-101 et seq.
(5) Any victim of a sexual offense as enumerated in subdivision (b)(1) of this section shall, upon request of the victim, receive:
(A) Appropriate counseling;
(B) Human immunodeficiency virus (HIV) testing; and
(C) Referral or delivery for appropriate health care and support services.