§ 16-41-8-6 — Right of a victim to require certain defendants to undergo HIV testing; procedures

Indiana § 16-41-8-6

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 8: Communicable Disease: Confidentiality Requirements

Text

(a) If an indictment or information alleges that
the defendant compelled another person to engage in sexual activity by
force or threat of force, the alleged victim of the offense described in
the indictment or information may request that the defendant against
whom the indictment or information is filed be tested for the human
immunodeficiency virus (HIV).
(b) Not later than forty-eight (48) hours after an alleged victim
described in subsection (a) requests that the defendant be tested for the
human immunodeficiency virus (HIV), the defendant must be tested for
the human immunodeficiency virus (HIV).
(c) As soon as practicable, the results of a test for the human
immunodeficiency virus (HIV) conducted under subsection (b) shall be
sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim, if the alleged
victim is less than eighteen (18) years of age; and
(3) the defendant.
(d) If follow-up testing of the defendant for the human
immunodeficiency virus (HIV) is necessary, the results of follow-up
testing of the defendant shall be sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim if the alleged
victim is less than eighteen (18) years of age; and
(3) the defendant.

Legislative History

As added by P.L.94-2010, SEC.6.