23A-35B-1. Definitions. Terms used in this chapter mean: (1)”Assault,” an offense described in §22-18-1, in which the facts show a possibility of exchange of bodily fluids; (2)”Blood-borne pathogens,” any of a family of pathogenic micro-organisms that are present in and may be transmitted by human blood, including hepatitis B and HIV; (3)”Crime of violence,” any […]
23A-35B-10. Convicted person to pay cost of testing. The court shall order the convicted person to pay the cost of the testing. The cost shall be treated as any other court cost or fine under chapter 23A-27. If the person tested is an inmate under the jurisdiction of the Department of Corrections, the cost of […]
23A-35B-11. Confidentiality of test results. The final test results shall be reported to the person tested along with precautionary, medical care, and counseling information. Except as provided in §23A-35B-12, the results of the test shall remain confidential. Source: SL 2012, ch 134, §4.
23A-35B-12. Petition for release of test results–Hearing. Any person who may have had sexual relations with or otherwise exchanged bodily fluids with the tested person may petition the court to receive the results of the HIV test. The petition shall state that the petitioner believes there was an exchange of blood, semen, or other bodily […]
23A-35B-13. Test results not to be used in criminal prosecution–Confidentiality. The results of the test may not be used as evidence in any criminal prosecution. All persons involved in carrying out the provisions of §§23A-35B-8 to 23A-35B-12, inclusive, shall act in a manner that will protect the confidentiality of the petitioner and the person tested, […]
23A-35B-2. Victim’s request for testing of self. A victim may request that the Department of Health provide counseling, testing for infection by blood-borne pathogens, and referral for appropriate health care and support services to the victim through its public health services. Such referral does not include any requirement that the Department of Health bear any […]
23A-35B-3. Victim’s request for testing of defendant or juvenile–Hearing–Search warrant for blood sample–Time for testing. A victim or a law enforcement officer may request in writing to the state’s attorney that the defendant or the juvenile be tested for blood-borne pathogen infection by the Department of Health and that a search warrant be obtained for […]
23A-35B-3.1. Victim request for HIV test of defendant or juvenile–Hearing–Order–Time for testing A victim, or a victim or witness assistant, may request in writing to the state’s attorney that a defendant or juvenile against whom an information, indictment, or petition is presented for a crime in which, by force or threat of force, the defendant […]
23A-35B-4. Testing procedure–Notification of victim as to results–Payment for testing. A health professional licensed or certified to do so shall take the blood samples required for testing for blood-borne pathogen infection and forward them to the Department of Health for testing. The testing shall take place under a test protocol determined by the Department of […]
23A-35B-5. Confidentiality–Test results unavailable to establish guilt or innocence. All persons involved in carrying out the provisions of this chapter shall act in a manner that will protect the confidentiality of the victim, the source individual, and the defendant or juvenile, including sealing relevant court records. The results of the test for infection by blood-borne […]
23A-35B-6. Testing or counseling for officer upon possible exchange of bodily fluids with suspect. Any law enforcement officer who has reason to believe that in a crime of violence case, an assault, a violation of chapter 32-23 or a case of resisting arrest, or in an equivalent juvenile delinquency adjudication, there may have been an […]
23A-35B-7. Emergency medical services person’s request for information or testing of source individual. An emergency medical services person who is a victim may request in writing to the source individual, or if the source individual is deceased, to a relative of the source individual or to the source individual’s estate, for medical records or information […]
23A-35B-8. Mandatory HIV testing of persons convicted of prostitution or solicitation of prostitution. Any person convicted of prostitution or solicitation of prostitution shall be required, with or without that person’s consent, to undergo a standard diagnostic test for human immunodeficiency virus (HIV) under the testing protocol of the Department of Health. Source: SL 2012, ch […]
23A-35B-9. Time for HIV testing. After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for testing and […]
