Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6009.Same; persons arrested or convicted;disclosure of testresults; costs of counseling and testing.(a) At the time of an appearance before a magistrate underK.S.A. 22-2901 and amendments thereto, the magistrate shall inform any personarrested and charged with a crime in which it appears from the nature of thecharge that the transmission of body fluids from one person to another may havebeen involved of the availability of infectious diseasetests and shall causethe alleged victim of such a crime, if any, to be notified that infectiousdisease tests and counseling are available. Ifthe victim of the crime or thecounty or district attorney requests the court toorder infectious disease tests of the allegedoffender or if the personarrested and charged with a crime stated to the law enforcement officer makingsuch arrest that the person arrested and charged with the crime has aninfectious disease or is infected with aninfectious disease, or used words oflike effect, the court shall order the arrested person to submit toinfectiousdisease tests. The results of any test obtainedunder this section shall beinadmissible inany criminal or civil proceeding.
(b) Upon conviction of a person for any crime which the court determinesfrom the facts of the case involved or was likely to have involved thetransmission of body fluids from one person to another, the court: (1) Mayorder the convicted person to submit to infectious diseasetests; or (2) shallorder the convicted person to submit to infectious diseasetests if the victimof the crime or the parent or legal guardian of the victim, if the victim is aminor, requests the court to issue such order. If infectious diseasetests areordered under this subsection, the victim of the crime, if any, who is not aminor, shall designate a health care provider or counselor to receive suchinformation on behalf of the victim. If the victim is a minor, the parent orlegal guardian of the victim shall designate the health care provider orcounselor to receive such information.
(c) The results of any infectious diseasetest ordered under subsection (a)shall be disclosed to the law enforcement officer making such arrest, theperson arrested and such other persons as the court determines have alegitimate need to know the test result in order to provide for theirprotection. The results of any infectious diseasetest ordered undersubsection (b) shall be disclosed to the court which ordered the test, theconvicted person and to the person designated under subsection (b) by thevictim or victims of the crime or by the parent or legal guardian of a victimif the victim is a minor. If an infectious diseasetest ordered under thissection results in a positive reaction, the results shall be reported to thesecretary of health and environment and to the secretary of corrections.
(d) As used in this section, infectious disease includes HIV and hepatitisB.
(e) The costs of any counseling and testing provided under this sectionshall be paid from amounts appropriated to the department of health andenvironment for that purpose. The court shall order the adjudicated person topay restitution to the department of health and environment for the costs ofany counseling provided under this section and the costs of any test ordered orotherwise performed under this section.
History: L. 1996, ch. 215, § 4;L. 2001, ch. 102, § 5; July 1.
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6009.Same; persons arrested or convicted;disclosure of testresults; costs of counseling and testing.(a) At the time of an appearance before a magistrate underK.S.A. 22-2901 and amendments thereto, the magistrate shall inform any personarrested and charged with a crime in which it appears from the nature of thecharge that the transmission of body fluids from one person to another may havebeen involved of the availability of infectious diseasetests and shall causethe alleged victim of such a crime, if any, to be notified that infectiousdisease tests and counseling are available. Ifthe victim of the crime or thecounty or district attorney requests the court toorder infectious disease tests of the allegedoffender or if the personarrested and charged with a crime stated to the law enforcement officer makingsuch arrest that the person arrested and charged with the crime has aninfectious disease or is infected with aninfectious disease, or used words oflike effect, the court shall order the arrested person to submit toinfectiousdisease tests. The results of any test obtainedunder this section shall beinadmissible inany criminal or civil proceeding.
(b) Upon conviction of a person for any crime which the court determinesfrom the facts of the case involved or was likely to have involved thetransmission of body fluids from one person to another, the court: (1) Mayorder the convicted person to submit to infectious diseasetests; or (2) shallorder the convicted person to submit to infectious diseasetests if the victimof the crime or the parent or legal guardian of the victim, if the victim is aminor, requests the court to issue such order. If infectious diseasetests areordered under this subsection, the victim of the crime, if any, who is not aminor, shall designate a health care provider or counselor to receive suchinformation on behalf of the victim. If the victim is a minor, the parent orlegal guardian of the victim shall designate the health care provider orcounselor to receive such information.
(c) The results of any infectious diseasetest ordered under subsection (a)shall be disclosed to the law enforcement officer making such arrest, theperson arrested and such other persons as the court determines have alegitimate need to know the test result in order to provide for theirprotection. The results of any infectious diseasetest ordered undersubsection (b) shall be disclosed to the court which ordered the test, theconvicted person and to the person designated under subsection (b) by thevictim or victims of the crime or by the parent or legal guardian of a victimif the victim is a minor. If an infectious diseasetest ordered under thissection results in a positive reaction, the results shall be reported to thesecretary of health and environment and to the secretary of corrections.
(d) As used in this section, infectious disease includes HIV and hepatitisB.
(e) The costs of any counseling and testing provided under this sectionshall be paid from amounts appropriated to the department of health andenvironment for that purpose. The court shall order the adjudicated person topay restitution to the department of health and environment for the costs ofany counseling provided under this section and the costs of any test ordered orotherwise performed under this section.
History: L. 1996, ch. 215, § 4;L. 2001, ch. 102, § 5; July 1.
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6009.Same; persons arrested or convicted;disclosure of testresults; costs of counseling and testing.(a) At the time of an appearance before a magistrate underK.S.A. 22-2901 and amendments thereto, the magistrate shall inform any personarrested and charged with a crime in which it appears from the nature of thecharge that the transmission of body fluids from one person to another may havebeen involved of the availability of infectious diseasetests and shall causethe alleged victim of such a crime, if any, to be notified that infectiousdisease tests and counseling are available. Ifthe victim of the crime or thecounty or district attorney requests the court toorder infectious disease tests of the allegedoffender or if the personarrested and charged with a crime stated to the law enforcement officer makingsuch arrest that the person arrested and charged with the crime has aninfectious disease or is infected with aninfectious disease, or used words oflike effect, the court shall order the arrested person to submit toinfectiousdisease tests. The results of any test obtainedunder this section shall beinadmissible inany criminal or civil proceeding.
(b) Upon conviction of a person for any crime which the court determinesfrom the facts of the case involved or was likely to have involved thetransmission of body fluids from one person to another, the court: (1) Mayorder the convicted person to submit to infectious diseasetests; or (2) shallorder the convicted person to submit to infectious diseasetests if the victimof the crime or the parent or legal guardian of the victim, if the victim is aminor, requests the court to issue such order. If infectious diseasetests areordered under this subsection, the victim of the crime, if any, who is not aminor, shall designate a health care provider or counselor to receive suchinformation on behalf of the victim. If the victim is a minor, the parent orlegal guardian of the victim shall designate the health care provider orcounselor to receive such information.
(c) The results of any infectious diseasetest ordered under subsection (a)shall be disclosed to the law enforcement officer making such arrest, theperson arrested and such other persons as the court determines have alegitimate need to know the test result in order to provide for theirprotection. The results of any infectious diseasetest ordered undersubsection (b) shall be disclosed to the court which ordered the test, theconvicted person and to the person designated under subsection (b) by thevictim or victims of the crime or by the parent or legal guardian of a victimif the victim is a minor. If an infectious diseasetest ordered under thissection results in a positive reaction, the results shall be reported to thesecretary of health and environment and to the secretary of corrections.
(d) As used in this section, infectious disease includes HIV and hepatitisB.
(e) The costs of any counseling and testing provided under this sectionshall be paid from amounts appropriated to the department of health andenvironment for that purpose. The court shall order the adjudicated person topay restitution to the department of health and environment for the costs ofany counseling provided under this section and the costs of any test ordered orotherwise performed under this section.
History: L. 1996, ch. 215, § 4;L. 2001, ch. 102, § 5; July 1.
