Sec. 54-102a. (Formerly Sec. 53a-90). Venereal examination and HIV testing of persons charged with certain sexual offenses.
Sec. 54-102a. (Formerly Sec. 53a-90). Venereal examination and HIV testing
of persons charged with certain sexual offenses. (a) The court before which is pending
any case involving a violation of any provision of sections 53a-65 to 53a-89, inclusive,
may, before final disposition of such case, order the examination of the accused person
to determine whether or not he is suffering from any venereal disease, unless the court
from which such case has been transferred has ordered the examination of the accused
person for such purpose, in which event the court to which such transfer is taken may
determine that a further examination is unnecessary.
(b) Notwithstanding the provisions of section 19a-582, the court before which is
pending any case involving a violation of section 53-21 or any provision of sections
53a-65 to 53a-89, inclusive, that involved a sexual act, as defined in section 54-102b,
may, before final disposition of such case, order the testing of the accused person for the
presence of the etiologic agent for Acquired Immune Deficiency Syndrome or Human
Immunodeficiency Virus, unless the court from which such case has been transferred
has ordered the testing of the accused person for such purpose, in which event the court
to which such transfer is taken may determine that a further test is unnecessary. If the
victim of the offense requests that the accused person be tested, the court may order the
testing of the accused person in accordance with this subsection and the results of such
test may be disclosed to the victim. The provisions of sections 19a-581 to 19a-585,
inclusive, and section 19a-590, except any provision requiring the subject of an HIV-related test to provide informed consent prior to the performance of such test and any
provision that would prohibit or limit the disclosure of the results of such test to the
victim under this subsection, shall apply to a test ordered under this subsection and the
disclosure of the results of such test.
(c) A report of the result of such examination or test shall be filed with the Department of Public Health on a form supplied by it. If such examination discloses the presence
of venereal disease or if such test discloses the presence of the etiologic agent for Acquired Immune Deficiency Syndrome or Human Immunodeficiency Virus, the court
may make such order with reference to the continuance of the case or treatment or other
disposition of such person as the public health and welfare require. Such examination
or test shall be conducted at the expense of the Department of Public Health. Any person
who fails to comply with any order of any court under the provisions of this section
shall be guilty of a class C misdemeanor.
(1969, P.A. 828, S. 91; P.A. 77-614, S. 323, 610; P.A. 92-260, S. 34; P.A. 93-381, S. 9, 39; May Sp. Sess. P.A. 94-6,
S. 27, 28; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 98-1, S. 40, 121.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979;
P.A. 92-260 replaced "bound over" and "bindover" with "transferred" and "transfer", respectively; P.A. 93-381 replaced
department of health services with department of public health and addiction services, effective July 1, 1993; May Sp.
Sess. P.A. 94-6 added provisions designated as Subsec. (b) concerning acquired immune deficiency syndrome, relettered
subsec. (c) and made prior provisions Subsecs. (a) and (c), amending Subsec. (c) to apply to tests for acquired immune
deficiency syndrome or human immunodeficiency virus, effective June 21, 1994; Sec. 53a-90 transferred to Sec. 54-102a
in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a),
effective June 24, 1998.