Sec. 6. (a) If an indictment or information alleges that the defendant compelled another person to engage in sexual activity by force or threat of force, the alleged victim of the offense described in the indictment or information may request that the defendant against whom the indictment or information is filed be tested for the human immunodeficiency virus (HIV).
(b) Not later than forty-eight (48) hours after an alleged victim described in subsection (a) requests that the defendant be tested for the human immunodeficiency virus (HIV), the defendant must be tested for the human immunodeficiency virus (HIV).
(c) As soon as practicable, the results of a test for the human immunodeficiency virus (HIV) conducted under subsection (b) shall be sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim, if the alleged victim is less than eighteen (18) years of age; and
(3) the defendant.
(d) If follow-up testing of the defendant for the human immunodeficiency virus (HIV) is necessary, the results of follow-up testing of the defendant shall be sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim if the alleged victim is less than eighteen (18) years of age; and
(3) the defendant.
As added by P.L.94-2010, SEC.6.
Structure Indiana Code
Article 41. Public Health Measures for the Prevention and Control of Disease
Chapter 8. Communicable Disease: Confidentiality Requirements
16-41-8-1. "Potentially Disease Transmitting Offense"
16-41-8-2. Voluntary Contact Notification Program Information; Use as Evidence; Release
16-41-8-5. Medical Screening of a Person Charged With Certain Offenses
16-41-8-6. Right of a Victim to Require Certain Defendants to Undergo HIV Testing; Procedures