510.320 Human immunodeficiency virus testing for defendants accused of certain
496 words·~2 min read·
/ky/510-320A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of
appeal.
(1)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.
(2)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.
(3)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.
(5)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.
(6)The cost of testing under this section shall be paid by the defendant tested, unless
the court has determined the defendant to be indigent.
(7)Filing of a notice of appeal shall not automatically stay an order that the defendant
submit to a human immunodeficiency virus test.