
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14011]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                 SUBCHAPTER III--VIOLENCE AGAINST WOMEN
 
             Part E--Violence Against Women Act Improvements
 
Sec. 14011. Payment of cost of testing for sexually transmitted 
        diseases
        

(a) Omitted

(b) Limited testing of defendants

                           (1) Court order

        The victim of an offense of the type referred to in subsection 
    (a) \1\ of this section 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.
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    \1\ See Codification note below.
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                        (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

        The court may order follow-up tests and counseling under 
    paragraph (1) if the initial test was negative. Such follow-up tests 
    and counseling shall be performed at the request of the victim on 
    dates that occur six months and twelve months following the initial 
    test.

               (4) Termination of testing requirements

        An order for follow-up testing under paragraph (3) shall be 
    terminated if the person obtains an acquittal on, or dismissal of, 
    all charges of the type referred to in subsection (a) \1\ of this 
    section.

                     (5) Confidentiality of test

        The results of any test ordered under this subsection shall be 
    disclosed only to the victim or, where the court deems appropriate, 
    to the parent or legal guardian of the victim, and to the person 
    tested. The victim may disclose the test results only to any medical 
    professional, counselor, family member or sexual partner(s) the 
    victim may have had since the attack. Any such individual to whom 
    the test results are disclosed by the victim shall maintain the 
    confidentiality of such information.

                   (6) Disclosure of test results

        The court shall issue an order to prohibit the disclosure by the 
    victim of the results of any test performed under this subsection to 
    anyone other than those mentioned in paragraph (5). The contents of 
    the court proceedings and test results pursuant to this section 
    shall be sealed. The results of such test performed on the defendant 
    under this section shall not be used as evidence in any criminal 
    trial.

                     (7) Contempt for disclosure

        Any person who discloses the results of a test in violation of 
    this subsection may be held in contempt of court.

(c) Penalties for intentional transmission of HIV

    Not later than 6 months after September 13, 1994, the United States 
Sentencing Commission shall conduct a study and prepare and submit to 
the committees \2\ 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.
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    \2\ So in original. Probably should be capitalized.
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(Pub. L. 103-322, title IV, Sec. 40503, Sept. 13, 1994, 108 Stat. 1946; 
Pub. L. 104-294, title VI, Sec. 604(b)(1), Oct. 11, 1996, 110 Stat. 
3506.)

                          Codification

    Section is comprised of section 40503 of Pub. L. 103-322. Subsec. 
(a) of section 40503 of Pub. L. 103-322 amended section 10607 of this 
title.


                               Amendments

    1996--Subsec. (b)(3). Pub. L. 104-294 substituted ``paragraph (1)'' 
for ``paragraph (b)(1)''.

                         Change of Name

    Centers for Disease Control changed to Centers for Disease Control 
and Prevention by Pub. L. 102-531, title III, Sec. 312, Oct. 27, 1992, 
106 Stat. 3504.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section 
604(d) of Pub. L. 104-294, set out as a note under section 13 of Title 
18, Crimes and Criminal Procedure.
