(a)(1) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime where the victim was compelled to engage in sexual activity by force or threat of force and the transmission of body fluids was involved.
(2) If a warrant, information, or indictment has been issued and the defendant is in custody or has been served with the warrant, information, or indictment, the test shall be performed within 48 hours of service of the court order requiring the defendant to submit to testing.
(b) When a test is ordered under Section 15-23-101, the victim of the crime or a parent or guardian of the minor victim shall designate an attending physician who has agreed in advance to accept the victim as a patient to receive information on behalf of the victim.
(c) If any sexually transmitted disease test results in a negative reaction, the court shall order the person to submit to any follow-up tests at the intervals and in the manner as shall be determined by the State Board of Health.
(d) The result of any test ordered under this section is not a public record and shall be available only to the following:
(1) The victim.
(2) The parent or guardian of the minor victim.
(3) The attending physician of the victim.
(4) The person tested.
(e) If any sexually transmitted disease test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling. Counseling and referral for appropriate health care, testing, and support services as directed by the State Health Officer shall be provided to the victim at the request of the victim or the parent or guardian of the minor victim.
Last modified: May 3, 2021