13-1415

13-1415. Human immunodeficiency virus and
sexually transmitted disease testing; victim's rights; petition;
definitions

A. A defendant, including a defendant who is a minor, who is alleged to have
committed a sexual offense or another offense involving significant exposure is subject
to a court order that requires the defendant to submit to testing for the human
immunodeficiency virus and other sexually transmitted diseases and to consent to the
release of the test results to the victim.

B. Pursuant to subsection A of this section, the prosecuting attorney, if requested
by the victim, or, if the victim is a minor, by the parent or guardian of the minor,
shall petition the court for an order requiring that the person submit a specimen, to be
determined by the submitting entity, for laboratory testing by the department of health
services or another licensed laboratory for the presence of the human immunodeficiency
virus and other sexually transmitted diseases. The court, within ten days, shall
determine if sufficient evidence exists to indicate that significant exposure
occurred. If the court makes this finding or the act committed against the victim is a
sexual offense it shall order that the testing be performed in compliance with rules
adopted by the department of health services. The prosecuting attorney shall provide the
victim's name and last known address of record to the department of health services for
notification purposes. The victim's name and address are confidential, except that the
department of health services may disclose the information to a local health department
for victim notification purposes.

C. After a specimen has been tested pursuant to subsection B of this section, the
laboratory that performed the test shall report the results to the submitting entity.

D. The submitting entity shall provide the results to the department of health
services or a local health department. The department of health services or a local
health department shall notify the victim of the results of the test conducted pursuant
to subsection B of this section and shall counsel the victim regarding the health
implications of the results.

E. The submitting entity or the department of health services shall notify the
person tested of the results of the test conducted pursuant to subsection B of this
section and shall counsel the person regarding the health implications of the
results. If the submitting entity does not notify the person tested of the test results,
the submitting entity shall provide both the name and last known address of record of the
person tested and the test results to the department of health services or a local health
department for notification purposes.

F. Notwithstanding any other law, copies of the test results shall be provided only
to the victim of the crime, the person tested, the submitting entity and the department
of health services.

G. For the purposes of this section:

1. "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse
as defined in section 13-1401.

2. "Sexually transmitted diseases" means:

(a) Chlamydia.

(b) Genital herpes.

(d) Syphilis.

(e) Trichomonas.

3. "Significant exposure" means contact of the victim's ruptured or broken skin or
mucous membranes with a person's blood or body fluids, other than tears, saliva or
perspiration, of a magnitude that the centers for disease control have epidemiologically
demonstrated can result in transmission of the human immunodeficiency virus.

4. "Submitting entity" means one of the following:

(a) A local health department.

(b) A health unit of the state department of corrections.

(d) A physician licensed pursuant to title 32, chapter 13, 17 or 29.