§ 63-1-524.1. Examination of certain arrested persons for a sexually transmitted infection (STI) including human immunodeficiency virus (HIV) - Court order - Required provisions - Notification concerning results to victim's designated professional - Treatment - Responsibility for costs.

A.  A licensed physician shall examine persons who are arrested by lawful warrant for the offense of first or second degree rape, forcible sodomy or the intentional infection or attempt to intentionally infect a person with the human immunodeficiency virus for the purpose of determining if the person is infected with a sexually transmitted infection (STI), including, but not limited to, the human immunodeficiency virus (HIV).  For purposes of expediting such examination, in counties with a population of greater than four hundred thousand (400,000), the county sheriff or the chief of police of any municipality with a population of greater than two hundred thousand (200,000) that is located within such county and that has a municipal court of record shall notify the city-county health department serving the county of any person who has been arrested by county or city officers for such offense.  Any such examination shall be made subsequent to arrest as provided in this section.  Every person shall submit to the examination and shall permit specimens to be taken for laboratory examinations.  Such person may be detained until the results of the examination are known.  A determination as to whether or not the person is infected shall not be based on any prior examination.  Any person found to be infected with a sexually transmitted infection (STI) shall be treated by a physician of such person's own choice, until such person is noninfectious or dismissed by the Commissioner or local health officer or physician.  The costs of such treatment shall be the responsibility of the person who is examined and tested and the court shall order the person to pay such costs.  In the event a person infected with a sexually transmitted infection (STI) refuses or fails to submit to treatment, then such person may be quarantined for the purpose of treatment, and a report thereof shall be made to the Commissioner.

B.  The district attorney shall file a motion for a court-ordered examination and testing of the person arrested for the offenses specified in subsection A of this section at the time the criminal charges are filed or the court may provide a standing order for such examination and testing which shall issue automatically at the time of arrest for the offenses specified in subsection A of this section.

C.  Any peace officer in this state upon the arrest of a person within six (6) hours or less of the actual offense of first or second degree rape, forcible sodomy or intentional infection or attempt to intentionally infect a person with the human immunodeficiency virus shall immediately deliver and submit the person for a rapid test for human immunodeficiency virus (HIV) without a court order, if a rapid test site is available.  If the rapid HIV test results are positive the physician examining the victim of such offense shall be immediately notified and the physician shall immediately provide the victim with preventive treatment, if the victim can be treated within the medically proscribed period for preventive measures.

D.  The examination and testing required by this section shall not be for evidentiary purposes and shall be expedited and conducted solely to screen for and identify the need for the victim’s treatment due to potential exposure to sexually transmitted infections (STIs).  A confirmation examination and test may be conducted following any examination or test yielding a positive result that is not conclusive of the presence of the human immunodeficiency virus (HIV) or other sexually transmitted infection (STI).

E.  The court shall include the following provisions in its order and shall not include the name or address of the alleged victim:

1.  A list of specific examinations and tests, including, but not limited to:  blood tests for human immunodeficiency virus (HIV), hepatitis B, hepatitis C, syphilis, gonorrhea, chlamydia, and visual examinations for evidence of genital herpes and genital warts for which examinations and tests are available;

2.  A provision requiring the physician, clinic or hospital which provides the examination and testing to immediately notify the district attorney’s office, through the Victim Witness Coordinator, when the test and examination results have been completed;

3.  A provision requiring copies of the examination report and test results be forwarded by the physician, clinic or hospital that conducted such examination and tests to the designated physician or counseling site as made known to the Victim Witness Coordinator by the victim, or if not specified by the victim then copies of the reports and results shall be forwarded to the Victim Witness Coordinator.  Results of examinations and tests shall be forwarded within three (3) days of completion of the examination or testing;

4.  A provision that the victim be notified within three (3) days of the receipt of the examination report and test results by the designated physician or counseling site as designated by the victim or the Victim Witness Coordinator, if no designation has been made by the victim;

5.  A provision directing the offender and victim to be treated for infection as indicated in any positive examination and test result; and

6.  A provision directing the facility having custody of the arrested person to be responsible for the costs of examination and tests; provided, however, that the court may order reimbursement of such costs at the time of sentencing.

F.  Upon notification that the results of the examination and tests are completed, the Victim Witness Coordinator shall instruct the physician, clinical laboratory or hospital that completed such results to forward copies of the results according to the victim’s designation or, if no designation has been made, forward copies to the Victim Witness Coordinator’s office.  The Victim Witness Coordinator shall notify the victim’s designated professional that the results are being forwarded and instruct the victim to set a time to receive the results in person.

G.  When the examination and test results indicate infection of any sexually transmitted infection (STI), the victim shall be treated by the State Commissioner of Health or local health officer, or a physician of the victim’s own choice, until noninfectious or dismissed by the Commissioner, local health officer or physician.

H.  All examinations and testing shall be performed by a licensed physician and/or clinical laboratory or hospital.  The test forms shall include the words “Sex Crime” to expedite handling and shall include a criminal case number, if known.

I.  If the arrested person refuses to be examined and tested upon arrest, the court shall issue an order for such examination and test at the initial appearance of the person arrested.

J.  The cost of examination and testing authorized by this section shall be the responsibility of the facility having custody of the person at the time of arrest.  The court shall order the defendant to reimburse such facility at the time of sentencing for all actual costs associated with examination and testing required by this section.  No cost of any kind shall be incurred by any victim of such crimes for testing, obtaining the results of tests, or for treatment required by a victim due to a positive result for a test for a sexually transmitted infection (STI) resulting from an offense specified in this section.

K.  For purposes of this section, the term "initial appearance" shall refer to the first court appearance of an individual, in person or by closed circuit television, before a magistrate on a presentment, indictment or preliminary information on a felony offense.

Added by Laws 2003, c. 346, § 2, emerg. eff. May 29, 2003.  Amended by Laws 2011, c. 105, § 23, eff. Nov. 1, 2011.