§ 3256 - Testing for infectious diseases
§ 3256. Testing for infectious diseases
(a) The victim of an offense involving a sexual act may obtain an order from the district or family court in which the offender was convicted of the offense, or was adjudicated delinquent, requiring that the offender be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS) and other sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis. If requested by the victim, the state's attorney shall petition the court on behalf of the victim for an order under this section. For the purposes of this section, "offender" includes a juvenile adjudicated a delinquent.
(b) For purposes of this section, "sexual act" means a criminal offense:
(1) where the underlying conduct of the offender constitutes a sexual act as defined in section 3251 of this title; and
(2) which creates a risk of transmission of the etiologic agent for AIDS to the victim as determined by the federal Centers for Disease Control and Prevention.
(c) If the court determines that the offender was convicted or adjudicated of a crime involving a sexual act with the victim, the court shall order the test to be administered by the department of health in accordance with applicable law. If appropriate under the circumstances, the court may include in its order a requirement for follow-up testing of the offender. An order for follow-up testing shall be terminated if the offender's conviction is overturned. A sample taken pursuant to this section shall be used solely for purposes of this section. All costs of testing the offender shall, if not otherwise funded, be paid by the department of public safety.
(d) The results of the offender's test shall be disclosed only to the offender and the victim.
(e) If an offender who is subject to an order pursuant to subsection (c) of this section refuses to comply with the order, the victim, or state's attorney on behalf of the victim, may seek a civil contempt order pursuant to chapter 5 of Title 12.
(f) After arraignment, a defendant who is charged with an offense involving a sexual act may offer to be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS) and other
sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis. Such testing shall follow the same procedures set forth for testing an offender who is subject to an order pursuant to subsection (c) of this section. The defendant's offer to be tested after arraignment shall not be used as evidence at the defendant's trial. If the defendant is subsequently convicted of an offense involving a sexual act, the court may consider the offender's offer for testing as a mitigating factor.
(g) Upon request of the victim at any time after the commission of a crime involving a sexual act under subsection (b) of this section, the state shall provide any of the following services to the victim:
(1) counseling regarding human immunodeficiency virus (HIV);
(2) testing, which shall remain confidential unless otherwise provided by law, for HIV and other sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis;
(3) counseling by a medically-trained professional on the accuracy of the testing, and the risk of transmitting HIV and other sexually-transmitted diseases to the victim as a result of the crime involving a sexual act; and
(4) prophylaxis treatment, crisis counseling, and support services.
(h) A victim who so requests shall receive monthly follow-up HIV testing for six months after the initial test.
(i) The state shall provide funding for HIV or AIDS, or both, and sexual assault cross-training between sexual assault programs and HIV and AIDS service organizations.
(j) The record of the court proceedings and test results pursuant to this section shall be sealed.
(k) The court administrator's office shall develop and distribute forms to implement this section in connection with a criminal conviction or adjudication of delinquency.
( l) The center for crime victims services shall be the primary coordinating agent for the services to be provided in subsections (g), (h) and (i) of this section. (Added 2001, No. 49, § 12, eff. June 12, 2001.)