History. Code 1981, § 17-10-15 , enacted by Ga. L. 1988, p. 1799, § 4; Ga. L. 1991, p. 974, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2012, p. 775, § 17/HB 942; Ga. L. 2020, p. 55, § 2/SB 372.
The 2020 amendment, effective July 1, 2020, substituted “subsection (f)” for “subsection (g)” in the first sentence of subsection (b); deleted the former second sentence of subsection (c) which read: “The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Public Health.”; deleted former subsection (d), which read: “The Department of Public Health, within 30 days following receipt of the court’s order under subsection (b) of this Code section or within 30 days following receipt of the copy of the verdict or plea under subsection (c) of this Code section, shall arrange for the HIV test for the person required to submit thereto.”; redesignated former subsections (e) through (h) as present subsections (d) through (g), respectively; and deleted “arranged pursuant to subsection (d) of this Code section” following “to the test” near the beginning of subsection (d).
Cross references.
Child committing delinquent act constituting AIDS transmission crime including testing and reporting, § 15-11-603 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, a comma was deleted following “this Code section” in the first sentence of subsection (b).
Editor’s notes.
Ga. L. 1988, p. 1799, § 1, not codified by the General Assembly, provides: “The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intravenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread. The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection.”
Law reviews.
For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 49 (1992).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
Structure Georgia Code
Chapter 10 - Sentence and Punishment
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-1.3. Factoring Into Sentencing Determinations Citizenship Status of Convict
§ 17-10-3. Punishment for Misdemeanors Generally
§ 17-10-3.1. Punishment for Violations of Code Section 40-6-391
§ 17-10-4. Punishment for Misdemeanors of a High and Aggravated Nature
§ 17-10-6.2. Punishment for Sexual Offenders
§ 17-10-8.1. Fee for Legal Defense Services as Condition of Probation
§ 17-10-9.1. Voluntary Surrender to County Jail or Correctional Institution; Release of Defendant
§ 17-10-10. Concurrent Sentences
§ 17-10-14. Committal of Person Under 17 Convicted of Felony
§ 17-10-15. Aids Transmitting Crimes; Requiring Defendant to Submit to Hiv Test; Report of Results
§ 17-10-16.1. Seeking Death Penalty Not Prerequisite to Life Without Parole Sentence
§ 17-10-18. Notification to Seek Enhanced Penalty
§ 17-10-19. Determination of Defendant’s Guilt; Object of the Offense; Enhancement of Sentence
§ 17-10-20. Collection of Fines and Restitution in Criminal Cases
§ 17-10-21. Vacating of Sentence for Trafficking Victim Defendants