2013 Kentucky Revised Statutes CHAPTER 510 - SEXUAL OFFENSES 510.320 Human immunodeficiency virus testing for defendants accused of certain sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of appeal.
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510.320 Human immunodeficiency virus testing for defendants accused of
certain sexual offenses -- Results -- Counseling when test positive -- Cost
-- Effect of appeal.
(1)
(2)
(3)
(4)
(5)
(6)
For purposes of this section, "human immunodeficiency virus test" means a
test of an individual for presence of human immunodeficiency virus, or for
antibodies or antigens that result from human immunodeficiency virus infection,
or for any other substance specifically indicating human immunodeficiency
virus infection.
A defendant charged with an offense pursuant to this chapter which has sexual
intercourse or deviate sexual intercourse as an element, or has sexual contact
as an element when the circumstances of the case demonstrate a possibility of
transmission of human immunodeficiency virus, shall upon initial court
appearance on the charge, be informed by the judge of the availability of
human immunodeficiency virus testing. The judge shall also notify the victim of
the offense, or parent or guardian of the victim, that the defendant has been so
notified.
When a defendant has been convicted of any offense in subsection (2) of this
section, other provisions of law to the contrary notwithstanding, the sentencing
court, regardless of any prior human immunodeficiency virus test, shall order
the defendant to undergo a human immunodeficiency virus test, under the
direction of the Cabinet for Health and Family Services.
(a) The result of any human immunodeficiency virus test conducted pursuant
to this section shall not be a public record for purposes of KRS Chapter
61.
(b) The result of any human immunodeficiency virus test conducted pursuant
to this section shall only be made available by the Cabinet for Health and
Family Services to the victim, or the parent or guardian of a victim who is
a minor, an individual with an intellectual disability, or mentally
incapacitated, the defendant, the court issuing the order for testing, and to
any other agency as directed pursuant to KRS Chapter 214.
(c) The Cabinet for Health and Family Services shall immediately provide to
the victim the results of any human immunodeficiency virus test
conducted under this section.
(d) In addition, the Cabinet for Health and Family Services shall provide to
the Department of Corrections the result of any human immunodeficiency
virus test conducted pursuant to this section which indicates that the
defendant is infected with the human immunodeficiency virus. The
Department of Corrections shall use this information solely for the
purpose of providing medical treatment to the defendant while
incarcerated in a state penitentiary or correctional institution or county jail.
If the human immunodeficiency virus test indicates the presence of human
immunodeficiency virus infection, the Cabinet for Health and Family Services
shall provide counseling to the victim and the defendant regarding human
immunodeficiency virus disease, and referral for appropriate health-care and
support services.
The cost of testing under this section shall be paid by the defendant tested,
(7)
unless the court has determined the defendant to be indigent.
Filing of a notice of appeal shall not automatically stay an order that the
defendant submit to a human immunodeficiency virus test.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 130, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 99, sec. 656, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 400, sec. 5, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 426, sec. 608, effective July 15, 1998. -- Created 1992 Ky. Acts
ch. 389, sec. 1, effective July 14, 1992.
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