§ 15A-615. Testing of certain persons for sexually transmitted infections.
§ 15A‑615. Testing ofcertain persons for sexually transmitted infections.
(a) After a finding ofprobable cause pursuant to the provisions of Article 30 of Chapter 15A of theGeneral Statutes or indictment for an offense that involves nonconsensual vaginal,anal, or oral intercourse; an offense that involves vaginal, anal, or oralintercourse with a child 12 years old or less; or an offense under G.S. 14‑202.1that involves vaginal, anal, or oral intercourse with a child less than 16years old; the victim or the parent, guardian, or guardian ad litem of a minorvictim may request that a defendant be tested for the following sexuallytransmitted infections:
(1) Chlamydia;
(2) Gonorrhea;
(3) Hepatitis B;
(3a) Herpes;
(4) HIV; and
(5) Syphilis.
In the case of herpes, thedefendant, pursuant to the provisions of this section, shall be examined fororal and genital herpetic lesions and, if a suggestive but nondiagnostic lesionis present, a culture for herpes shall be performed.
(b) Upon a requestunder subsection (a) of this section, the district attorney shall petition thecourt on behalf of the victim for an order requiring the defendant to betested. Upon finding that there is probable cause to believe that the allegedsexual contact involved in the offense would pose a significant risk oftransmission of a sexually transmitted infection listed in subsection (a) ofthis section, the court shall order the defendant to submit to testing forthese infections. A defendant ordered to be tested under this section shall betested not later than 48 hours after the date of the court order. A test forHIV ordered pursuant to this section shall use the HIV‑RNA Detection Testfor determining HIV infection.
(c) If the defendant isin the custody of the Department of Correction, the defendant shall be testedby the Department of Correction. If the defendant is not in the custody of theDepartment of Correction, the defendant shall be tested by the local healthdepartment. The Department of Correction shall inform the local health directorof all test results. The local health director shall ensure that the victim isinformed of the results of the tests and counseled appropriately. The agencyconducting the tests shall inform the defendant of the results of the tests andensure that the defendant is counseled appropriately. The results of the testsshall not be admissible as evidence in any criminal proceeding. (1993, c. 489, s. 1; 1994,Ex. Sess., c. 8, s. 1; 2006‑226, s. 10; 2006‑264, s. 33(a); 2007‑403,s. 1.)