§19203-F. HIV test after conviction for sexual assault
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Convicted offender" means a person who has been convicted of a sexual crime or, in the case of a juvenile, a person who has been adjudicated as having committed a sexual crime. [PL 1995, c. 319, §4 (NEW).]
B. "Incapacitated adult" means an adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that individual. [PL 1995, c. 319, §4 (NEW).]
C. "Sexual crime" means a crime involving a sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C, subparagraph (1). [PL 1995, c. 319, §4 (NEW).]
[PL 1995, c. 319, §4 (NEW).]
2. Request for testing. A person who is the victim of a sexual crime, or that person's parent, guardian or authorized representative if that person is a minor or incapacitated adult, may petition the court at any time prior to sentencing or no later than 180 days after conviction to order the convicted offender to submit to HIV testing and to order that the convicted offender be informed of the test results.
[PL 1995, c. 319, §4 (NEW).]
3. Duties of the court. Upon receipt of the petition, the court shall order that the convicted offender obtain HIV testing conducted by or under authority of the Department of Health and Human Services and, if requested by the petitioner, that the convicted offender be informed of the test results.
[PL 1995, c. 319, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
4. Reporting and counseling. The health care facility in which a convicted offender is tested pursuant to this section shall disclose the results of the test to the victim-witness advocate, who shall disclose the result to the petitioner. The health care facility shall, upon order of the court, disclose the results of the test to the convicted offender.
[PL 2007, c. 93, §2 (AMD).]
SECTION HISTORY
PL 1995, c. 319, §4 (NEW). PL 2003, c. 689, §B6 (REV). PL 2007, c. 93, §2 (AMD).
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