§ 16-82-101 — Testing for human immunodeficiency virus - Sexual offenses

(a) A person with acquired immunodeficiency syndrome (AIDS) or who tests positive for the presence of human immunodeficiency virus (HIV) antigen or antibodies is infectious to others through the exchange of body fluids during sexual intercourse and through the parenteral transfer of blood or blood products and is therefore a potential danger to the public. (b) (1) (A) A person arrested and charged with violating § 5-14-103 , § 5-14-110 , if the offense is a felony, §§ 5-14-124 - 5-14-127 , § 5-26-202 , or § 5-70-102 may be required by the court having jurisdiction of the criminal prosecution, 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) or an antibody to human immunodeficiency virus (HIV) unless the court determines that testing the defendant would be inappropriate and documents the reasons for that determination in the court record. (B) (i) (a) Subject to constitutional limitations, the victim of an offense listed under subdivision (b)(1)(A) of this section may request that the person arrested and charged with the offense be tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), whether or not he or she is in custody, and the results of the tests provided to the victim. (b) Upon the victim's request under subdivision (b)(1)(B)(i) (a) of this section, the court shall require that the person be tested within forty-eight (48) hours of the information's or indictment's being presented to the person if the court finds that there is a reasonable cause to believe that the person committed the offense and the charge against the person has an element of forcible compulsion or the threat of forcible compulsion. (ii) Subsequent tests for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV) shall be required as medically appropriate with results of the subsequent tests also provided to the victim as soon as practicable. (2) (A) A test under this subsection shall be confidentially administered by a licensed physician, the Department of Health, or a local health department. (B) (i) If the person arrested and charged with the offense is in the custody of the Department of Corrections, the test shall be administered by a medical professional working within the Department of Corrections. (ii) If the test is requested by an entity for forensic purposes and not by the Department of Corrections, the cost for the test shall be the responsibility of the requesting entity. (c) (1) If the victim or person with whom the defendant engaged in sexual penetration during the course of the crime consents, the court shall provide the person or agency administering the test with the name, address, and telephone number of the victim or person with whom the defendant engaged in sexual penetration during the course of the crime. (2) After the defendant is tested for the presence of human immunodeficiency virus (HIV) or an antibody to human immunodeficiency virus (HIV), the person or agency administering the test shall immediately provide the test results to the victim or person with whom the defendant engaged in sexual penetration during the course of the crime, and shall refer the victim or other person for appropriate counseling. (d) (1) Upon request of the victim and conviction of the defendant, a court of competent jurisdiction shall order the convicted person to submit to testing to detect in the defendant the presence of the etiologic agent for acquired immunodeficiency syndrome (AIDS). (2) As used in this subsection: (A) "Convicted" includes an adjudication under juvenile proceedings; and (B) "Sexual offense" means an offense listed in subdivision (b)(1)(A) of this section. (3) The testing of a person convicted of a sexual offense shall be conducted by the Department of Health upon an order of a circuit court. (4) The results of any tests performed under this subsection shall immediately be released to the victim and to the defendant; otherwise, the results of any tests performed shall be confidential and not subject to disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq. (5) A victim of a sexual offense shall, upon request of the victim, receive: (A) Appropriate counseling; (B) Human immunodeficiency virus (HIV) testing; and (C) Referral or delivery for appropriate health care and support services.

Legislative History

Amended by Act 2023, No. 619,§ 17, eff. 8/1/2023. Amended by Act 2021, No. 653,§ 1, eff. 7/28/2021. Acts 1989, No. 614, §§ 1, 5; 1993, No. 616, § 1; 2003, No. 1390, § 6.