§ 16-82-102 - Testing for human immunodeficiency virus -- Assault and battery.
16-82-102. Testing for human immunodeficiency virus -- Assault and battery.
(a) A person with acquired immunodeficiency syndrome (AIDS), or who tests positive for the presence of human immunodeficiency virus (HIV) antigens or antibodies or hepatitis, is infectious to law enforcement officers, fire fighters, and emergency medical technicians through the exchange of body fluids during the course of their duties and through the possible 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 any section of 5-13-101 et seq. by committing an assault or battery upon a law enforcement officer, fire fighter, or emergency medical technician may be required by a court of competent jurisdiction, 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), any antibody to human immunodeficiency virus (HIV), or hepatitis 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 law enforcement officer, fire fighter, or emergency medical technician victim with whom the defendant engaged in contact consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim.
(2) After the defendant is tested as to the presence of human immunodeficiency virus (HIV), an antibody to human immunodeficiency virus (HIV), or hepatitis, the person or agency administering the test shall immediately provide the test results to the victim with whom the defendant engaged in contact and shall refer the victim or other person for appropriate counseling.