View all text of Part E [§ 12391 - § 12392]
§ 12391. Payment of cost of testing for sexually transmitted diseases
(a) Omitted
(b) Limited testing of defendants
(1) Court order
(2) Showing required
To obtain an order under paragraph (1), the victim must demonstrate that—
(A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made;
(B) the test for the etiologic agent for acquired immune deficiency syndrome is requested by the victim after appropriate counseling; and
(C) the test would provide information necessary for the health of the victim of the alleged offense and the court determines that the alleged conduct of the defendant created a risk of transmission, as determined by the Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim.
(3) Follow-up testing
(4) Termination of testing requirements
(5) Confidentiality of test
(6) Disclosure of test results
(7) Contempt for disclosure
(c) Penalties for intentional transmission of HIV
(Pub. L. 103–322, title IV, § 40503, Sept. 13, 1994, 108 Stat. 1946; Pub. L. 104–294, title VI, § 604(b)(1), Oct. 11, 1996, 110 Stat. 3506.)