HIV Testing After a Crime

In cases involving the exchange of bodily fluid between the victim or a law enforcement officer and the defendant:

  1. Upon request, the victim and / or law enforcement officer has the right to obtain an approved serological test for Acquired Immune Deficiency Syndrome (AIDS) or infection with the Human Immunodeficiency Virus (HIV) or any other related virus identified as a probable causative agent of AIDS.
  2. Upon request, the victim and / or law enforcement officer has the right to obtain a court order requiring the offender to submit to an approved serological test for Acquired Immune Deficiency Syndrome (AIDS) or infection with the Human Immunodeficiency Virus (HIV) or any other related virus identified as a probable causative agent of AIDS in the event that the offender is indicted, formally charged, convicted or adjudicated delinquent.
  3. The victim and/or law enforcement officer has the right to be notified of the offender’s test results.
  4. The victim can apply to the State Victims of Crime Compensation Office for compensation for the costs of testing, counseling and medical care.
  5. The results are kept confidential and are not made a part of the criminal case.