CHAPTER 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING
Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes
§ 3910. Definitions.
For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
"Human immunodeficiency virus test" means a test or tests of an individual for presence of human immunodeficiency virus, or
for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically
indicating human immunodeficiency virus infection, and includes preliminary screening tests.
69 Del. Laws, c. 231, § 1.;
§ 3911. Human immunodeficiency virus (HIV) testing at the request of the victim.
At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual
intercourse, deviant sexual intercourse, or sexual contact as an element must submit to testing for HIV not later than 48
hours after the victim has requested, and/or the court has ordered, such testing.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 1.;
§ 3912. Test result not a public record.
The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for
purposes of Chapter 100 of Title 29.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 2.;
§ 3913. Test results; notification to Department of Corrections; counseling; cost; notice of appeal not to automatically stay
order for HIV testing.
(a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available
by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or is mentally retarded
or mentally incapacitated, the defendant, the court issuing the order for testing, and any other person or agency pursuant
to Chapters 12 and 12A of Title 16.
(b) In addition, the Division of Public Health shall provide to the Department of Corrections the result of any human immunodeficiency
virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency
virus. The Department of Corrections shall use this information solely for the purpose of providing medical treatment to the
defendant while incarcerated in any correctional institution.
(c) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division
of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease,
and referral for appropriate health care and support services.
(d) The cost of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that
the defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency
virus test.
(f) A defendant must submit to follow-up tests for HIV as may be medically appropriate.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, §§ 2, 3.;
CHAPTER 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING
Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes
§ 3910. Definitions.
For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
"Human immunodeficiency virus test" means a test or tests of an individual for presence of human immunodeficiency virus, or
for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically
indicating human immunodeficiency virus infection, and includes preliminary screening tests.
69 Del. Laws, c. 231, § 1.;
§ 3911. Human immunodeficiency virus (HIV) testing at the request of the victim.
At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual
intercourse, deviant sexual intercourse, or sexual contact as an element must submit to testing for HIV not later than 48
hours after the victim has requested, and/or the court has ordered, such testing.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 1.;
§ 3912. Test result not a public record.
The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for
purposes of Chapter 100 of Title 29.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 2.;
§ 3913. Test results; notification to Department of Corrections; counseling; cost; notice of appeal not to automatically stay
order for HIV testing.
(a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available
by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or is mentally retarded
or mentally incapacitated, the defendant, the court issuing the order for testing, and any other person or agency pursuant
to Chapters 12 and 12A of Title 16.
(b) In addition, the Division of Public Health shall provide to the Department of Corrections the result of any human immunodeficiency
virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency
virus. The Department of Corrections shall use this information solely for the purpose of providing medical treatment to the
defendant while incarcerated in any correctional institution.
(c) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division
of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease,
and referral for appropriate health care and support services.
(d) The cost of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that
the defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency
virus test.
(f) A defendant must submit to follow-up tests for HIV as may be medically appropriate.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, §§ 2, 3.;
CHAPTER 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING
Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes
§ 3910. Definitions.
For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
"Human immunodeficiency virus test" means a test or tests of an individual for presence of human immunodeficiency virus, or
for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically
indicating human immunodeficiency virus infection, and includes preliminary screening tests.
69 Del. Laws, c. 231, § 1.;
§ 3911. Human immunodeficiency virus (HIV) testing at the request of the victim.
At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual
intercourse, deviant sexual intercourse, or sexual contact as an element must submit to testing for HIV not later than 48
hours after the victim has requested, and/or the court has ordered, such testing.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 1.;
§ 3912. Test result not a public record.
The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for
purposes of Chapter 100 of Title 29.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, § 2.;
§ 3913. Test results; notification to Department of Corrections; counseling; cost; notice of appeal not to automatically stay
order for HIV testing.
(a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available
by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or is mentally retarded
or mentally incapacitated, the defendant, the court issuing the order for testing, and any other person or agency pursuant
to Chapters 12 and 12A of Title 16.
(b) In addition, the Division of Public Health shall provide to the Department of Corrections the result of any human immunodeficiency
virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency
virus. The Department of Corrections shall use this information solely for the purpose of providing medical treatment to the
defendant while incarcerated in any correctional institution.
(c) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division
of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease,
and referral for appropriate health care and support services.
(d) The cost of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that
the defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency
virus test.
(f) A defendant must submit to follow-up tests for HIV as may be medically appropriate.
69 Del. Laws, c. 231, § 1; 76 Del. Laws, c. 365, §§ 2, 3.;