34 U.S.C. § 12391 — Payment of cost of testing for sexually transmitted diseases

(a) Omitted. This subsection is marked “Omitted” in the supplied statute and contains no text.

(b) Limited testing of defendants. (1) Court order. A victim of an offense of the type referred to in subsection (a)—which this section does not define—may, after notice to the defendant and an opportunity for the defendant to be heard, obtain an order from the United States district court for the district where charges are brought against the defendant. The order may require the defendant to be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and require the test results to be communicated to the victim and defendant. Any test result given to either person must include appropriate counseling. (2) Showing required. To obtain the order, the victim must show that (A) the defendant has been charged in a State or Federal court and, if arrested without a warrant, a probable-cause determination has been made; (B) the victim requested the test after appropriate counseling; and (C) the test would provide information necessary for the victim’s health and the court determines that the defendant’s alleged conduct created a risk, as determined by the Centers for Disease Control, of transmitting the etiologic agent to the victim. (3) Follow-up testing. If the initial test is negative, the court may order follow-up tests and counseling at the victim’s request six months and twelve months after the initial test. (4) Termination of testing requirements. A follow-up testing order ends if the person is acquitted of, or all charges of the type referred to in subsection (a) are dismissed. (5) Confidentiality of test. Test results may be disclosed only to the victim or, if the court considers appropriate, the victim’s parent or legal guardian, and to the person tested. The victim may disclose the results only to a medical professional, counselor, family member, or sexual partner the victim may have had since the attack. Anyone receiving the results from the victim must keep them confidential. (6) Disclosure of test results. The court must prohibit the victim from disclosing results to anyone other than the people listed in paragraph (5). The proceedings and test results under this section must be sealed. A defendant’s test results under this section may not be used as evidence in a criminal trial. (7) Contempt for disclosure. A person who discloses test results in violation of this subsection may be held in contempt of court.

(c) Penalties for intentional transmission of HIV. No later than six months after September 13, 1994, the United States Sentencing Commission must study and submit to the Senate and House Judiciary Committees a report recommending revisions to sentencing guidelines for offenses in which a person infected with HIV engages in sexual activity while knowing of the infection and intending, through that activity, to expose another person to HIV.