New Mexico § 24-1-9.2 - Sexually transmitted infections; testing of persons formally charged for allegedly committing certain criminal offenses

§ 24-1-9.2. Sexually transmitted infections; testing of persons formally charged for allegedly committing certain criminal offenses

A. A test designed to identify any sexually transmitted infection may be performed

on a person, upon the filing of a complaint, information or an indictment alleging

that the person committed a state criminal offense: (1) involving contact between the penis and the vulva; (2) involving contact between the penis and anus; (3) involving contact between the mouth and penis; (4) involving contact between the mouth and vulva; or (5) involving contact between the mouth and anus. B. If consent to perform a test on an alleged offender cannot be obtained, the victim

of the alleged criminal offense described in Subsection A of this section may petition

the court, through the prosecuting office or personally, to order that a test be performed

on the alleged offender; provided that the same test is first performed on the victim

of the alleged criminal offense. The test may be performed on the alleged offender regardless of the result of the

test performed on the victim of the alleged criminal offense. If the victim of the alleged criminal offense is a minor or incompetent, the parent

or legal guardian of the victim of the alleged criminal offense may petition the court

to order that a test be performed on the alleged offender. C. The court may issue an order based on a finding of good cause after a hearing at

which both the victim of the alleged criminal offense and the alleged offender have

the right to be present. During the hearing, only affidavits, counter affidavits and medical reports regarding

the facts that support or rebut the issuance of an order shall be admissible. The hearing shall be conducted within seventy-two hours after the victim petitions

the court for the order. The petition and all proceedings in connection therewith shall be under seal. The court shall issue an order and the test shall be administered to the alleged

offender within ten days after the petition is filed by the victim of the alleged

criminal offense or the victim's parent or legal guardian. D. Except for disclosures made pursuant to Section 24-1-7 NMSA 1978 , the results of the test shall be disclosed only to the alleged offender and to the

victim of the alleged criminal offense or the victim's parent or legal guardian. When the victim of the alleged criminal offense or the alleged offender has a positive

test result, both the alleged offender and the victim of the alleged criminal offense

shall be provided with counseling. E. A prosecuting attorney may not use in a criminal proceeding arising out of the

alleged criminal offense the fact that a test was administered to the alleged offender

or the results of the test. F. The provisions of this section shall not affect the rights and remedies available

to the victim of the alleged criminal offense and the alleged offender in any civil

action. G. The administration of a test to an alleged offender pursuant to the provisions

of this section shall not preclude the subsequent administration of another test pursuant

to the provisions of Section 24-1-9.1 NMSA 1978 .