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23-07.7 Court-Ordered Testing for Sexually Transmitted Diseases

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CHAPTER 23-07.7COURT-ORDERED TESTING FOR SEXUALLY TRANSMITTED DISEASES23-07.7-01. Court-ordered sexual offense medical testing.1.The court may order any defendant charged with a sex offense under chapter<br>12.1-20 and any alleged juvenile offender with respect to whom a petition has been<br>filed in a juvenile court alleging violation of chapter 12.1-20 to undergo medical<br>testing to determine whether the defendant or alleged juvenile offender has any<br>sexually transmitted diseases, including a test for infection with the human<br>immunodeficiency virus or any other identified positive agent of acquired<br>immunodeficiency syndrome. The court may not order a defendant charged with<br>violating section 12.1-20-12.1 or 12.1-20-13 or an alleged juvenile offender with<br>respect to when a petition has been filed in a juvenile court alleging violation of<br>section 12.1-20-12.1 or 12.1-20-13 to undergo the testing authorized by this section.<br>The court may order the testing only if the court receives a petition from the alleged<br>victim of the offense or from the prosecuting attorney if the alleged victim has made<br>a written request to the prosecuting attorney to petition the court for an order<br>authorized under this section. On receipt of a petition, the court shall determine,<br>without a hearing, if probable cause exists to believe that a possible transfer of a<br>sexually transmitted disease or human immunodeficiency virus took place between<br>the defendant or alleged juvenile offender and the alleged victim.If the courtdetermines probable cause exists, the court shall order the defendant or alleged<br>juvenile offender to submit to testing and that a copy of the test results be released<br>to the defendant's or alleged juvenile offender's physician and each requesting<br>victim's physician.2.If a defendant is charged with a sexual offense under chapter 12.1-20 in which the<br>alleged victim is compelled by force or threat to engage in sexual activity or sexual<br>contact, the prosecuting attorney shall inform the alleged victim that the alleged<br>victim may request that a test for infection with the human immunodeficiency virus or<br>any other identified agent of acquired immunodeficiency syndrome be administered<br>to the defendant. If the alleged victim requests that the test be administered, the<br>prosecuting attorney shall notify the court. The court shall order that the test be<br>administered within forty-eight hours after the date the complaint or information is<br>filed or after the defendant's initial appearance.3.If a test is ordered under subsection 1 or 2, the physicians for the defendant or<br>alleged juvenile offender and requesting alleged victim must be specifically named in<br>the court order, and the court order must be served on the physicians before any<br>test.23-07.7-02. Testing procedures - Results of test - Penalty.1.If testing is ordered by a court under section 23-07.7-01, only a health care provider,<br>blood bank, blood center, or plasma center may obtain a specimen of bodily fluids or<br>tissues for the purpose of testing.2.The court shall order that the specimen be transmitted to a licensed medical<br>laboratory and that tests be conducted for medically accepted indications of<br>exposure to or infection by acquired immunodeficiency syndrome virus, acquired<br>immunodeficiency syndrome-related conditions, and sexually transmitted diseases<br>for which medically approved testing is readily and economically available as<br>determined by the court.3.The laboratory shall send a copy of the test results to the physicians designated in<br>the court order, who shall then release the test results to the defendant or alleged<br>juvenile offender and each requesting victim as designated in the court order. ThePage No. 1court order must be served on the physicians before any test. The laboratory also<br>shall send a copy of test results that indicate exposure to or infection by acquired<br>immunodeficiency syndrome virus, acquired immunodeficiency syndrome-related<br>conditions, or other sexually transmitted diseases to the state department of health.4.Every copy of the test results must include the following disclaimer:The testing was conducted in a medically approved manner, but tests cannot<br>determine exposure to or infection by acquired immunodeficiency syndrome or<br>other sexually transmitted diseases with absolute accuracy. Anyone receiving<br>this test result should continue to monitor their own health and should consult a<br>physician as appropriate.5.The court shall order all persons, other than the test subject, who receive test results<br>pursuant to section 23-07.7-01, to maintain the confidentiality of personal identifying<br>data relating to the test results except for disclosure that may be necessary to obtain<br>medical or psychological care or advice. A person who intentionally discloses the<br>results of any test in violation of this subsection and thereby causes bodily or<br>psychological harm to the subject of the test is guilty of a class C felony.6.The specimens and the results of tests ordered pursuant to section 23-07.7-01 are<br>not admissible evidence in any civil, criminal, or juvenile proceeding.7.Any person who performs testing, transmits test results, or discloses information<br>pursuant to this chapter is immune from civil liability for any action undertaken in<br>accordance with this chapter, except for an act or omission that constitutes gross<br>negligence.8.The county in which the alleged violation of chapter 12.1-20 occurred shall pay for<br>the testing. A defendant who is convicted of the offense shall reimburse the county<br>for the costs of testing.Page No. 2Document Outlinechapter 23-07.7 court-ordered testing for sexually transmitted diseases