HIV testing, defined--court order to test certain sexualoffenders--costs--bond--disclosure of results of test--parents ofunemancipated minor informed, when.
191.663. 1. As used in this section and section 191.659, the term"HIV testing" means serological test or other test upon a biologicalspecimen to determine the presence of the human immunodeficiency virus thatcauses acquired immunodeficiency syndrome or its antibodies in thespecimen.
2. Any person who is convicted or who pleads guilty or nolocontendere to any sexual offense defined in chapter 566, RSMo, or anyjuvenile who is adjudicated pursuant to subsection 3 of section 211.181,RSMo, for an offense which would have been a sexual offense defined inchapter 566, RSMo, if committed by an adult, which includes, in accordancewith subsection (f) of 42 U.S.C. 3756, a sexual act as defined insubparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an elementof the offense, shall be ordered by the court to undergo HIV testing priorto incarceration without the right of refusal.
3. Costs of such HIV testing shall be taxed to the defendant as costsin the criminal proceeding. Such testing costs may be retained by thecourt from the bond filed by the defendant pursuant to subsection 4 of thissection. Costs of such HIV testing for juveniles may be collected asprovided for in section 211.281, RSMo.
4. Any defendant charged in a court of general jurisdiction with asexual offense defined in chapter 566, RSMo, which includes, in accordancewith subsection (f) of 42 U.S.C. 3756, a sexual act as defined insubparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an elementof the crime, shall be required to post a minimum bond amount for his orher release prior to trial. The minimum bond amount shall be sufficient tocover the cost of any post-trial HIV testing ordered by the court.
5. Notwithstanding any provision of section 191.656, or any other lawto the contrary, the victim of any crime defined in chapter 566, RSMo,which includes, in accordance with subsection (f) of 42 U.S.C. 3756, asexual act as defined in subparagraphs (A) and (B) of paragraph (2) of 18U.S.C. 2245 as an element, shall have a right to access to the results ofany HIV testing performed pursuant to the provisions of this section, andthe victim shall be informed of any confirmed positive results of the HIVtesting. If the victim is an unemancipated minor, the minor's parents orcustodian, if any, shall also be informed. The administrator of the jailor correctional facility in which the defendant is confined shall also haveaccess to the test results.
HIV testing, defined--court order to test certain sexualoffenders--costs--bond--disclosure of results of test--parents ofunemancipated minor informed, when.
191.663. 1. As used in this section and section 191.659, the term"HIV testing" means serological test or other test upon a biologicalspecimen to determine the presence of the human immunodeficiency virus thatcauses acquired immunodeficiency syndrome or its antibodies in thespecimen.
2. Any person who is convicted or who pleads guilty or nolocontendere to any sexual offense defined in chapter 566, RSMo, or anyjuvenile who is adjudicated pursuant to subsection 3 of section 211.181,RSMo, for an offense which would have been a sexual offense defined inchapter 566, RSMo, if committed by an adult, which includes, in accordancewith subsection (f) of 42 U.S.C. 3756, a sexual act as defined insubparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an elementof the offense, shall be ordered by the court to undergo HIV testing priorto incarceration without the right of refusal.
3. Costs of such HIV testing shall be taxed to the defendant as costsin the criminal proceeding. Such testing costs may be retained by thecourt from the bond filed by the defendant pursuant to subsection 4 of thissection. Costs of such HIV testing for juveniles may be collected asprovided for in section 211.281, RSMo.
4. Any defendant charged in a court of general jurisdiction with asexual offense defined in chapter 566, RSMo, which includes, in accordancewith subsection (f) of 42 U.S.C. 3756, a sexual act as defined insubparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an elementof the crime, shall be required to post a minimum bond amount for his orher release prior to trial. The minimum bond amount shall be sufficient tocover the cost of any post-trial HIV testing ordered by the court.
5. Notwithstanding any provision of section 191.656, or any other lawto the contrary, the victim of any crime defined in chapter 566, RSMo,which includes, in accordance with subsection (f) of 42 U.S.C. 3756, asexual act as defined in subparagraphs (A) and (B) of paragraph (2) of 18U.S.C. 2245 as an element, shall have a right to access to the results ofany HIV testing performed pursuant to the provisions of this section, andthe victim shall be informed of any confirmed positive results of the HIVtesting. If the victim is an unemancipated minor, the minor's parents orcustodian, if any, shall also be informed. The administrator of the jailor correctional facility in which the defendant is confined shall also haveaccess to the test results.
HIV testing, defined--court order to test certain sexualoffenders--costs--bond--disclosure of results of test--parents ofunemancipated minor informed, when.
191.663. 1. As used in this section and section 191.659, the term"HIV testing" means serological test or other test upon a biologicalspecimen to determine the presence of the human immunodeficiency virus thatcauses acquired immunodeficiency syndrome or its antibodies in thespecimen.
2. Any person who is convicted or who pleads guilty or nolocontendere to any sexual offense defined in chapter 566, RSMo, or anyjuvenile who is adjudicated pursuant to subsection 3 of section 211.181,RSMo, for an offense which would have been a sexual offense defined inchapter 566, RSMo, if committed by an adult, which includes, in accordancewith subsection (f) of 42 U.S.C. 3756, a sexual act as defined insubparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an elementof the offense, shall be ordered by the court to undergo HIV testing priorto incarceration without the right of refusal.
3. Costs of such HIV testing shall be taxed to the defendant as costsin the criminal proceeding. Such testing costs may be retained by thecourt from the bond filed by the defendant pursuant to subsection 4 of thissection. Costs of such HIV testing for juveniles may be collected asprovided for in section 211.281, RSMo.
4. Any defendant charged in a court of general jurisdiction with asexual offense defined in chapter 566, RSMo, which includes, in accordancewith subsection (f) of 42 U.S.C. 3756, a sexual act as defined insubparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an elementof the crime, shall be required to post a minimum bond amount for his orher release prior to trial. The minimum bond amount shall be sufficient tocover the cost of any post-trial HIV testing ordered by the court.
5. Notwithstanding any provision of section 191.656, or any other lawto the contrary, the victim of any crime defined in chapter 566, RSMo,which includes, in accordance with subsection (f) of 42 U.S.C. 3756, asexual act as defined in subparagraphs (A) and (B) of paragraph (2) of 18U.S.C. 2245 as an element, shall have a right to access to the results ofany HIV testing performed pursuant to the provisions of this section, andthe victim shall be informed of any confirmed positive results of the HIVtesting. If the victim is an unemancipated minor, the minor's parents orcustodian, if any, shall also be informed. The administrator of the jailor correctional facility in which the defendant is confined shall also haveaccess to the test results.
