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

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

Sec. 6. (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.

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

IC 16-41-9Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases

16-41-9-0.1Repealed 16-41-9-1Repealed 16-41-9-1.5Isolation; quarantine; notice; hearing; orders; renewal; crime; rules 16-41-9-1.6Actions of public health authority in event of quarantine 16-41-9-1.7Immunization programs 16-41-9-2Repealed 16-41-9-3Students with a serious communicable disease; exclusion from school 16-41-9-4Repealed 16-41-9-5Mentally ill and serious or gravely disabled individuals with a communicable disease; detention; application for detention 16-41-9-6Detained individuals with a communicable disease; isolation; unauthorized absences 16-41-9-7Voluntarily admitted individuals with a communicable disease; unauthorized absences; prevention of health threat 16-41-9-8Discharge reports; release orders 16-41-9-9Release of individuals with a communicable disease from state penal institutions; advanced reports; jurisdiction of health officers 16-41-9-10Nonresident, indigent individuals with a communicable disease; transfer to legal residences 16-41-9-11Repealed 16-41-9-12Refusal of admission to facilities; actions against persons and licensed facilities 16-41-9-13Costs of care or treatment 16-41-9-14Repealed 16-41-9-15Cooperation to implement least restrictive but medically necessary procedures to protect public health