2021 Colorado Code
Title 18 - Criminal Code
Article 3 - Offenses Against the Person
Part 4 - Unlawful Sexual Behavior
§ 18-3-415. Testing for Persons Charged With Sexual Offense
The court shall order any adult or juvenile who is bound over for trial for any sexual offense involving sexual penetration as defined in section 18-3-401 (6) , subsequent to a preliminary hearing or after having waived the right to a preliminary hearing, or any person who is indicted for or is convicted of any such offense, to submit to a diagnostic test for a sexually transmitted infection pursuant to section 18-3-415.5 . The results of the diagnostic test must be reported to the court or the court's designee, who shall then disclose the results to any victim of the sexual offense who requests such disclosure. Review and disclosure of diagnostic test results by the courts are closed and confidential, and any transaction records relating thereto are also closed and confidential. Disclosure of diagnostic test results must comply with the requirements of section 25-4-410 (2) , C.R.S. If the person who is bound over for trial or who is indicted for or convicted of any such offense voluntarily submits to a diagnostic test for sexually transmitted infections, the fact of such person's voluntary submission is admissible in mitigation of sentence if the person is convicted of the charged offense.
History. Source: L. 88: Entire section added, p. 728, § 1, effective July 1. L. 93: Entire section amended, p. 1731, § 16, effective July 1. L. 99: Entire section amended, p. 1003, § 10, effective May 29. L. 2000: Entire section amended, p. 451, § 1, effective April 24. L. 2016: Entire section amended,(SB 16-146), ch. 230, p. 916, § 9, effective July 1.
- For the provision allowing the test to be done without the knowledge and consent of the person, see § 25-4-410 (1)(b).
- For the legislative declaration contained in the 1999 act amending this section, see section 1 of chapter 254, Session Laws of Colorado 1999.
Law reviews. For article, “Criminal Laws on Sex Work and HIV Transmission: Mapping the Laws, Considering the Consequences”, see 93 Denv. L. Rev. 355 (2016).