Vermont § 3256 - Testing for infectious diseases

§ 3256. Testing for infectious diseases

• (a) The victim of an offense involving a sexual act may obtain an order from the Criminal
  or Family Division of the Superior Court in which the offender was convicted of the
  offense, or was adjudicated delinquent, requiring that the offender be tested for
  the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS)
  and other sexually-transmitted diseases, including gonorrhea, herpes, chlamydia, and
  syphilis. If requested by the victim, the State’s Attorney shall petition the court
  on behalf of the victim for an order under this section. For the purposes of this
  section, “offender” includes a juvenile adjudicated a delinquent. (b) For purposes of this section, “sexual act” means a criminal offense: (1) where the underlying conduct of the offender constitutes a sexual act as defined in
  section 3251 of this title; and (2) that creates a risk of transmission of the etiologic agent for AIDS to the victim
  as determined by the federal Centers for Disease Control and Prevention. (c) If the court determines that the offender was convicted or adjudicated of a crime
  involving a sexual act with the victim, the court shall order the test to be administered
  by the Department of Health in accordance with applicable law. If appropriate under
  the circumstances, the court may include in its order a requirement for follow-up
  testing of the offender. An order for follow-up testing shall be terminated if the
  offender’s conviction is overturned. A sample taken pursuant to this section shall
  be used solely for purposes of this section. All costs of testing the offender shall,
  if not otherwise funded, be paid by the Department of Public Safety. (d) The results of the offender’s test shall be disclosed only to the offender and the
  victim. (e) If an offender who is subject to an order pursuant to subsection (c) of this section
  refuses to comply with the order, the victim, or State’s Attorney on behalf of the
  victim, may seek a civil contempt order pursuant to 12 V.S.A. chapter 5. (f) After arraignment, a defendant who is charged with an offense involving a sexual act
  may offer to be tested for the presence of the etiologic agent for acquired immune
  deficiency syndrome (AIDS) and other sexually transmitted diseases, including gonorrhea, herpes, chlamydia, and syphilis.
  Such testing shall follow the same procedures set forth for testing an offender who
  is subject to an order pursuant to subsection (c) of this section. The defendant’s
  offer to be tested after arraignment shall not be used as evidence at the defendant’s
  trial. If the defendant is subsequently convicted of an offense involving a sexual
  act, the court may consider the offender’s offer for testing as a mitigating factor. (g) Upon request of the victim at any time after the commission of a crime involving a
  sexual act under subsection (b) of this section, the State shall provide any of the
  following services to the victim: (1) counseling regarding human immunodeficiency virus (HIV); (2) testing, which shall remain confidential unless otherwise provided by law, for HIV
  and other sexually transmitted diseases, including gonorrhea, herpes, chlamydia, and
  syphilis; (3) counseling by a medically trained professional on the accuracy of the testing, and
  the risk of transmitting HIV and other sexually transmitted diseases to the victim
  as a result of the crime involving a sexual act; and (4) prophylaxis treatment, crisis counseling, and support services. (h) A victim who so requests shall receive monthly follow-up HIV testing for six months
  after the initial test. (i) The State shall provide funding for HIV or AIDS, or both, and sexual assault cross-training
  between sexual assault programs and HIV and AIDS service organizations. (j) The record of the court proceedings and test results pursuant to this section shall
  be sealed. (k) The Court Administrator’s Office shall develop and distribute forms to implement this
  section in connection with a criminal conviction or adjudication of delinquency. (l) The Center for Crime Victim Services shall be the primary coordinating agent for the
  services to be provided in subsections (g), (h), and (i) of this section. (Added 2001, No. 49, § 12, eff. June 12, 2001; amended 2009, No. 154 (Adj. Sess.), § 100; 2015, No. 97 (Adj. Sess.), § 74.)