§ 16-41-8-5 — Medical screening of a person charged with certain offenses

(a) This section does not apply to medical
testing of an individual for whom an indictment or information is filed
for a sex crime and for whom a request to have the individual tested
under section 6 of this chapter is filed.
(b) The following definitions apply throughout this section:
(1) "Bodily fluid" means blood, human waste, or any other bodily
fluid.
(2) "Serious disease" means any of the following:
(A) Chancroid.
(B) Chlamydia.
(C) Gonorrhea.
(D) Hepatitis.
(E) Human immunodeficiency virus (HIV).
(F) Lymphogranuloma venereum.
(G) Syphilis.
(H) Tuberculosis.
(3) "Offense involving the transmission of a bodily fluid" means
any offense (including a delinquent act that would be a crime if
committed by an adult) in which a bodily fluid is transmitted from
the defendant to the victim in connection with the commission of
the offense.
(c) This subsection applies only to a defendant who has been
charged with a potentially disease transmitting offense. At the request
of an alleged victim of the offense, the parent, guardian, or custodian
of an alleged victim who is less than eighteen (18) years of age, or the
parent, guardian, or custodian of an alleged victim who is an
endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney
shall petition a court to order a defendant charged with the commission
of a potentially disease transmitting offense to submit to a screening
test to determine whether the defendant is infected with a serious
disease. In the petition, the prosecuting attorney must set forth
information demonstrating that the defendant has committed a
potentially disease transmitting offense. The court shall set the matter
for hearing not later than forty-eight (48) hours after the prosecuting
attorney files a petition under this subsection. The alleged victim, the
parent, guardian, or custodian of an alleged victim who is less than
eighteen (18) years of age, and the parent, guardian, or custodian of an
alleged victim who is an endangered adult (as defined in IC 12-10-3-2)
are entitled to receive notice of the hearing and are entitled to attend
the hearing. The defendant and the defendant's counsel are entitled to
receive notice of the hearing and are entitled to attend the hearing. If,
following the hearing, the court finds probable cause to believe that the
defendant has committed a potentially disease transmitting offense, the
court may order the defendant to submit to a screening test for one (1)
or more serious diseases. The court shall take actions to ensure the
confidentiality of evidence introduced at the hearing.
(d) This subsection applies only to a defendant who has been
charged with an offense involving the transmission of a bodily fluid. At
the request of an alleged victim of the offense, the parent, guardian, or
custodian of an alleged victim who is less than eighteen (18) years of
age, or the parent, guardian, or custodian of an alleged victim who is
an endangered adult (as defined in IC 12-10-3-2), the prosecuting
attorney shall petition a court to order a defendant charged with the
commission of an offense involving the transmission of a bodily fluid
to submit to a screening test to determine whether the defendant is
infected with a serious disease. In the petition, the prosecuting attorney
must set forth information demonstrating that:
(1) the defendant has committed an offense; and
(2) a bodily fluid was transmitted from the defendant to the victim
in connection with the commission of the offense.
The court shall set the matter for hearing not later than forty-eight (48)
hours after the prosecuting attorney files a petition under this
subsection. The alleged victim of the offense, the parent, guardian, or
custodian of an alleged victim who is less than eighteen (18) years of
age, and the parent, guardian, or custodian of an alleged victim who is
an endangered adult (as defined in IC 12-10-3-2) are entitled to receive
notice of the hearing and are entitled to attend the hearing. The
defendant and the defendant's counsel are entitled to receive notice of
the hearing and are entitled to attend the hearing. If, following the
hearing, the court finds probable cause to believe that the defendant has
committed an offense and that a bodily fluid was transmitted from the
defendant to the alleged victim in connection with the commission of
the offense, the court may order the defendant to submit to a screening
test for one (1) or more serious diseases. The court shall take actions to
ensure the confidentiality of evidence introduced at the hearing.
(e) The testimonial privileges applying to communication between
a husband and wife and between a health care provider and the health
care provider's patient are not sufficient grounds for not testifying or
providing other information at a hearing conducted in accordance with
this section.
(f) A health care provider (as defined in IC 16-18-2-163) who
discloses information that must be disclosed to comply with this
section is immune from civil and criminal liability under Indiana
statutes that protect patient privacy and confidentiality.
(g) The results of a screening test conducted under this section shall
be kept confidential if the defendant ordered to submit to the screening
test under this section has not been convicted of the potentially disease
transmitting offense or offense involving the transmission of a bodily
fluid with which the defendant is charged. The results may not be made
available to any person or public or private agency other than the
following:
(1) The defendant and the defendant's counsel.
(2) The prosecuting attorney.
(3) The department of correction or the penal facility, juvenile
detention facility, or secure private facility where the defendant
is housed.
(4) The alleged victim or the parent, guardian, or custodian of an
alleged victim who is less than eighteen (18) years of age, or the
parent, guardian, or custodian of an alleged victim who is an
endangered adult (as defined in IC 12-10-3-2), and the alleged
victim's counsel.
The results of a screening test conducted under this section may not be
admitted against a defendant in a criminal proceeding or against a child
in a juvenile delinquency proceeding.
(h) As soon as practicable after a screening test ordered under this
section has been conducted, the alleged victim or the parent, guardian,
or custodian of an alleged victim who is less than eighteen (18) years
of age, or the parent, guardian, or custodian of an alleged victim who
is an endangered adult (as defined in IC 12-10-3-2), and the victim's
counsel shall be notified of the results of the test.
(i) An alleged victim may disclose the results of a screening test to
which a defendant is ordered to submit under this section to an
individual or organization to protect the health and safety of or to seek
compensation for:
(1) the alleged victim;
(2) the alleged victim's sexual partner; or
(3) the alleged victim's family.
(j) The court shall order a petition filed and any order entered under
this section sealed.
(k) A person that knowingly or intentionally:
(1) receives notification or disclosure of the results of a screening
test under this section; and
(2) discloses the results of the screening test in violation of this
section;
commits a Class B misdemeanor.

Legislative History

As added by P.L.125-2009, SEC.3. Amended by P.L.94-2010, SEC.5; P.L.158-2013, SEC.242; P.L.149-2016, SEC.49; P.L.65-2016, SEC.8; P.L.112-2020, SEC.30; P.L.190-2021, SEC.3.