Human immunodeficiency virus (HIV) screening test; request of
victim of sex offense; hearing; disclosure of test results
Sec. 10.7. (a) Upon:
(1) written request made to a prosecuting attorney by an alleged
victim of a sex offense listed in section 7.1(e) of this chapter;
and
(2) after a hearing held under this section, a court entering a
finding that there is probable cause to believe the alleged victim
is a victim of a sex offense listed in section 7.1(e) of this
chapter that was committed by the defendant;
the court may order an individual named as defendant in the
prosecution of the offense to undergo a screening test for human
immunodeficiency virus (HIV).
(b) Before issuing an order for testing under subsection (a), the
court shall conduct a hearing at which both the alleged victim and the
defendant have the right to be present. Both the alleged victim and
the defendant must be notified of:
(1) the date, time, and location of the hearing; and
(2) their right to be present at the hearing.
(c) During the hearing only affidavits, counteraffidavits, and
medical records that relate to the material facts of the case used to
support or rebut a finding of probable cause to believe the alleged
victim was exposed to human immunodeficiency virus (HIV) as a
result of the alleged sex offense may be admissible.
(d) The written request of the alleged victim made under
subsection (a) must be filed by the prosecuting attorney with the
court and sealed by a court.
(e) The requirements of section 10.5 of this chapter apply to
testing ordered by a court under this section.
(f) If the defendant has not been convicted, the results of a test
conducted under this section shall be kept confidential. 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.
(4) The victim and the victim's counsel.
(g) A victim may disclose the results of a test to an individual or
organization to protect the health and safety of or to seek
compensation for:
(1) the victim;
(2) the victim's sexual partner; or
(3) the victim's family.
(h) A person that knowingly or intentionally:
(1) receives notification or disclosure of the results of a test
under this section; and
(2) discloses the results of the test in violation of this section;
commits a Class B misdemeanor.
As added by P.L.71-1998, SEC.4.
Last modified: May 24, 2006