New Jersey § 2a:4a-43

§ 2a:4a-43.

a. In addition to any other disposition made pursuant to law, a court shall order

a juvenile charged with delinquency or adjudicated delinquent for an act which, if

committed by an adult, would constitute a crime, a disorderly persons offense or a

petty disorderly persons offense, to submit to an approved serological test for acquired

immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus

(HIV) or any other related virus identified as a probable causative agent of AIDS

if: (1) in the course of the commission of the act, including the immediate flight thereafter

or during any investigation or arrest related to that act, a law enforcement officer,

the victim or other person suffered a prick from a hypodermic needle, provided there

is probable cause to believe that the juvenile is an intravenous user of controlled

dangerous substances; or (2) in the course of the commission of the act, including the immediate flight thereafter

or during any investigation or arrest related to that act, a law enforcement officer,

the victim or other person had contact with the juvenile which involved or was likely

to involve the transmission of bodily fluids. The court may order a juvenile to submit to an approved serological test for AIDS

or infection with the HIV or any other related virus identified as a probable causative

agent of AIDS if in the course of the performance of any other law enforcement duties,

a law enforcement officer suffers a prick from a hypodermic needle, provided that

there is probable cause to believe that the defendant is an intravenous user of controlled

dangerous substances, or had contact with the defendant which involved or was likely

to involve the transmission of bodily fluids. The court shall issue such an order only upon the request of the law enforcement

officer, victim of the offense or other affected person made at the time of indictment,

charge or conviction. If a county prosecutor declines to make such an application within 72 hours of being

requested to do so by the law enforcement officer, the law enforcement officer may

appeal to the Division of Criminal Justice in the Department of Law and Public Safety

for that officer to bring the application. The juvenile shall be ordered by the court to submit to such repeat or confirmatory

tests as may be medically necessary. b. A court order issued pursuant to subsection a. of this section shall require testing

to be performed as soon as practicable by the Executive Director of the Juvenile Justice

Commission pursuant to authority granted to the executive director by sections 6 and

10 of P.L.1976, c. 98 ( C.30:1B-6 and 30:1B-10 ) or by a provider of health care or at a health care facility licensed pursuant to

section 12 of P.L.1971, c. 136 ( C.26:2H-12 ). The order shall also require that the results of the test be reported to the offender,

the appropriate Office of Victim-Witness Advocacy if a victim of an offense is tested,

and the affected law enforcement officer. Upon receipt of the result of a test ordered pursuant to subsection a. of this section,

the Office of Victim-Witness Advocacy shall provide the victim with appropriate counseling,

referral for counseling and if appropriate, referral for health care. The office shall notify the victim or make appropriate arrangements for the victim

to be notified of the test result. c. (Deleted by amendment, P.L.2021, c. 342 ) d. The result of a test ordered pursuant to subsection a. of this section shall be

confidential and health care providers and employees of the Juvenile Justice Commission,

the Office of Victim-Witness Advocacy, a health care facility or counseling service

shall not disclose the result of a test performed pursuant to this section except

as authorized herein or as otherwise authorized by law or court order. The provisions of this section shall not be deemed to prohibit disclosure of a test

result to the person tested. e. Persons who perform tests ordered pursuant to subsection a. of this section in

accordance with accepted medical standards for the performance of such tests shall

be immune from civil and criminal liability arising from their conduct. f. This section shall not be construed to preclude or limit any other testing for

AIDS or infection with the HIV or any other related virus identified as a probable

causative agent of AIDS which is otherwise permitted by statute, court rule or common

law.