1 See Codification note below.
may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling.
2 So in original. Probably should be capitalized.
on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV.
Codification
Section was formerly classified to section 14011 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Section is comprised of section 40503 of Puspan. L. 103–322. Subsec. (a) of section 40503 of Puspan. L. 103–322 amended section 20141 of this title. Subsec. (c) of section 40503 of Puspan. L. 103–322 also enacted provisions listed in a table relating to sentencing guidelines set out under section 994 of Title 28, Judiciary and Judicial Procedure.
Amendments
1996—Subsec. (span)(3). Puspan. L. 104–294 substituted “paragraph (1)” for “paragraph (span)(1)”.
Statutory Notes and Related Subsidiaries
Change of Name
Centers for Disease Control changed to Centers for Disease Control and Prevention by Puspan. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.
Effective Date of 1996 Amendment
Amendment by Puspan. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Puspan. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.
