(a)Upon the consent of a person accused of any crime
wherein it is alleged that there has been an exchange of bodily
fluids, that person shall be examined as soon as practicable,
but not later than forty-eight (48) hours after the date on
which the information or indictment is presented, for sexually
transmitted diseases included within the list of reportable
diseases developed by rule and regulation of the department of
health pursuant to W.S. 35-4-130(b).
(b)For cases in which a person is accused of any crime
wherein it is alleged that there has been an exchange of bodily
fluids and the accused person is unwilling or unable to give
consent as provided in subsection (a) of this section, or when,
for any reason it is impractical to seek consent under
subsection (a) of this section, the c
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(a) Upon the consent of a person accused of any crime
wherein it is alleged that there has been an exchange of bodily
fluids, that person shall be examined as soon as practicable,
but not later than forty-eight (48) hours after the date on
which the information or indictment is presented, for sexually
transmitted diseases included within the list of reportable
diseases developed by rule and regulation of the department of
health pursuant to W.S. 35-4-130(b).
(b) For cases in which a person is accused of any crime
wherein it is alleged that there has been an exchange of bodily
fluids and the accused person is unwilling or unable to give
consent as provided in subsection (a) of this section, or when,
for any reason it is impractical to seek consent under
subsection (a) of this section, the court may by warrant, upon a
sufficient showing of probable cause by affidavit, at any time
of day or night, order the medical examination of the accused
person for sexually transmitted diseases included within the
list of reportable diseases developed by rule and regulation of
the department of health pursuant to W.S. 35-4-130(b). Testing
for sexually transmitted diseases done under this subsection
shall be conducted as soon as practicable, but no later than
forty-eight (48) hours after the date on which the information
or indictment is presented.
(c) Any person convicted of a sex offense shall, at the
request of the victim, be examined as soon as practicable, but
not later than forty-eight (48) hours after the conviction for
sexually transmitted diseases included in the list specified in
subsection (a) of this section. The victim shall make the
request to the district attorney responsible for prosecuting the
offense. If the offender is unwilling or unable to consent to
the examination the district attorney shall petition the court
for an order requiring the offender to submit to the
examination.
(d) Any examination performed under this section shall be
performed by a licensed physician or other health care provider.
The examination shall be in accordance with procedures
prescribed by the department of health under W.S. 35-4-130
through 35-4-134 and the examination results shall be reported
to the appropriate health officer. Upon receipt of the
examination results, the health officer shall notify the victim,
the alleged victim or if a minor, the parents or guardian of the
victim or the alleged victim. Additional testing under this
section shall be performed as medically appropriate and shall be
made available in accordance with the provisions of this
section.
(e) Costs of any medical examination undertaken pursuant
to this section shall be funded through the department of
health. If the court finds that the offender is able to
reimburse the department, the offender shall reimburse the
department for the costs of any medical examination under this
section.
(f) All results which are or can be derived from the
examination ordered pursuant to this section are confidential,
are not admissible as evidence and shall not be disclosed
except:
(i) As provided by this section;
(ii) As provided by W.S. 35-4-132(d);
(iii) In a civil action for the negligent or
intentional infliction of or exposure to a sexually transmitted
disease;
(iv) In a criminal prosecution for the criminal
infliction of or exposure to a sexually transmitted disease; or
(v) As otherwise provided by law.
(g) As used in this section:
(i) "Convicted" includes pleas of guilty, nolo
contendere and verdicts of guilty upon which a judgment of
conviction may be rendered, and includes juvenile adjudications
of delinquency if the adjudication is based upon an act which
would constitute a sex offense. "Convicted" shall also include
dispositions pursuant to W.S. 7-13-301;
(ii) "Sex offense" means sexual assault under W.S.
6-2-302 through 6-2-304, attempted sexual assault, conspiracy to
commit sexual assault, incest under W.S. 6-4-402 or sexual abuse
of a minor under W.S. 6-2-314 through 6-2-317.