Ohio § 2907.27

§ 2907.27.

(A)(1) If a person is charged with a violation of section 2907.02 , 2907.03 , 2907.04 , 2907.24 , 2907.241 , or 2907.25 of the Revised Code or with a violation of a municipal ordinance that is substantially equivalent to

any of those sections, the arresting authorities or a court, upon the request of the

prosecutor in the case or upon the request of the victim, shall cause the accused

to submit to one or more appropriate tests to determine if the accused has a venereal

disease. (2) If the accused is found to have a venereal disease in an infectious stage, the accused

shall be required to submit to medical treatment for that disease.  The cost of the medical treatment shall be charged to and paid by the accused who

undergoes the treatment.  If the accused is indigent, the court shall order the accused to report to a facility

operated by a city health district or a general health district for treatment.  If the accused is convicted of or pleads guilty to the offense with which the accused

is charged and is placed under a community control sanction, a condition of community

control shall be that the offender submit to and faithfully follow a course of medical

treatment for the venereal disease.  If the offender does not seek the required medical treatment, the court may revoke

the offender's community control and order the offender to undergo medical treatment

during the period of the offender's incarceration and to pay the cost of that treatment. (B)(1)(a) If a person is charged with a violation of division (B) of section 2903.11 or of section 2907.02 , 2907.03 , 2907.04 , 2907.05 , 2907.12 , 2907.24 , 2907.241 , or 2907.25 of the Revised Code , with a violation of a municipal ordinance that is substantially equivalent to that

division or any of those sections, or with a violation of a statute or municipal ordinance

in which by force or threat of force the accused compelled the victim to engage in

sexual activity, the court, upon the request of the prosecutor in the case, upon the

request of the victim, or upon the request of any other person whom the court reasonably

believes had contact with the accused in circumstances related to the violation that

could have resulted in the transmission to that person of the human immunodeficiency

virus, shall cause the accused to submit to one or more tests designated by the director

of health under section 3701.241 of the Revised Code to determine if the accused is infected with HIV.  The court shall cause the accused to submit to the test or tests within forty-eight

hours after the indictment, information, or complaint is presented.  The court shall order follow-up tests for HIV as may be medically appropriate. (b) The court, upon the request of the prosecutor in the case, upon the request of the

victim with the agreement of the prosecutor, or upon the request of any other person

with the agreement of the prosecutor, may cause an accused who is charged with a violation

of any division or section of the Revised Code or any municipal ordinance not described

in division (B)(1)(a) of this section to submit to one or more tests so designated

by the director of health if the circumstances of the violation indicate probable

cause to believe that the accused, if the accused is infected with HIV, might have

transmitted HIV to any of the following persons in committing the violation: (i) In relation to a request made by the prosecuting attorney, to the victim or to any

other person; (ii) In relation to a request made by the victim, to the victim making the request; (iii) In relation to a request made by any other person, to the person making the request. (c) The results of a test conducted under division (B)(1)(a) of this section shall be

provided as soon as practicable to the victim, or the parent or guardian of the victim,

and the accused.  The results of any follow-up test conducted under that division also shall be provided

as soon as practicable to the victim, or the parent or guardian of the victim, and

the accused.  The results of a test performed under division (B)(1)(b) of this section shall be

communicated in confidence to the court, the court shall inform the accused of the

result, and the court shall inform the victim that the test was performed and that

the victim has a right to receive the results on request.  Additionally, for a test under either division (B)(1)(a) or (b) of this section,

all of the following apply: (i) If the test was performed upon the request of a person other than the prosecutor

in the case and other than the victim, the court shall inform the person who made

the request that the test was performed and that the person has a right to receive

the results upon request. (ii) Regardless of who made the request that was the basis of the test being performed,

if the court reasonably believes that, in circumstances related to the violation,

a person other than the victim had contact with the accused that could have resulted

in the transmission of HIV to that person, the court may inform that person that the

test was performed and that the person has a right to receive the results of the test

on request. (iii) If the accused tests positive for HIV, the test results shall be reported to the

department of health in accordance with section 3701.24 of the Revised Code and to the sheriff, head of the state correctional institution, or other person in

charge of any jail or prison in which the accused is incarcerated. (iv) If the accused tests positive for HIV and the accused was charged with, and was convicted

of or pleaded guilty to, a violation of section 2907.24 , 2907.241 , or 2907.25 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to any of

those sections, the test results also shall be reported to the law enforcement agency

that arrested the accused, and the law enforcement agency may use the test results

as the basis for any future charge of a violation of division (B) of any of those

sections or a violation of a municipal ordinance that is substantially equivalent

to division (B) of any of those sections. (v) Except as otherwise provided in the first paragraph in division (B)(1)(c) of this

section or in division (B)(1)(c)(i), (ii), (iii), or (iv) of this section, no disclosure

of the test results or the fact that a test was performed shall be made, other than

as evidence in a grand jury proceeding or as evidence in a judicial proceeding in

accordance with the Rules of Evidence. (vi) If the test result is negative, and the charge has not been dismissed or if the accused

has been convicted of the charge or a different offense arising out of the same circumstances

as the offense charged, the court shall order that the test be repeated not earlier

than three months nor later than six months after the original test. (2) If an accused who is free on bond refuses to submit to a test ordered by the court

pursuant to division (B)(1) of this section, the court may order that the accused's

bond be revoked and that the accused be incarcerated until the test is performed.  If an accused who is incarcerated refuses to submit to a test ordered by the court

pursuant to division (B)(1) of this section, the court shall order the person in charge

of the jail or prison in which the accused is incarcerated to take any action necessary

to facilitate the performance of the test, including the forcible restraint of the

accused for the purpose of drawing blood to be used in the test. (3) A state agency, a political subdivision of the state, or an employee of a state agency

or of a political subdivision of the state is immune from liability in a civil action

to recover damages for injury, death, or loss to person or property allegedly caused

by any act or omission in connection with the performance of the duties required under

division (B)(2) of this section unless the acts or omissions are with malicious purpose,

in bad faith, or in a wanton or reckless manner. (C) Nothing in this section shall be construed to prevent a court in which a person is

charged with any offense specified in division (A)(1) or (B)(1)(a) of this section

from ordering at any time during which the complaint, information, or indictment is

pending, that the accused submit to one or more appropriate tests to determine if

the accused has a venereal disease or HIV. (D) As used in this section: (1) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code . (2) “ HIV ” means the human immunodeficiency virus.