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Statutes Text

Article - Criminal Procedure




§11–113.

    (a)    (1)    After conviction or a finding of a prohibited exposure, a finding of probable cause under § 11–110(3) of this subtitle, or a granting of probation before judgment under § 11–112 of this subtitle, the State’s Attorney shall within 3 days notify the local health officer of the written request by the victim or victim’s representative for testing.

        (2)    On receipt of a court order for testing issued under § 11–110(3) or § 11–112 of this subtitle, the local health officer or the local health officer’s designee from any other governmental unit shall:

            (i)    collect the blood sample within 7 days from the person who is charged with, convicted of, or found to have committed a prohibited exposure;

            (ii)    test the blood sample; and

            (iii)    if the test is conducted for the presence of HIV, give pretest and posttest counseling to the victim or victim’s representative and the person subject to testing in accordance with Title 18, Subtitle 3, Part VI of the Health – General Article.

    (b)    (1)    After receiving the results of a test conducted under subsection (a) of this section, the local health officer shall promptly send notice of the test results to:

            (i)    the victim or victim’s representative; and

            (ii)    the person charged with, convicted of, or found to have committed a prohibited exposure.

        (2)    The local health officer may not disclose positive test results to a victim or victim’s representative or a person charged with, convicted of, or found to have committed a prohibited exposure without also giving, offering, or arranging for appropriate counseling to:

            (i)    the victim or victim’s representative; and

            (ii)    the person.

    (c)    The following shall notify a victim of prohibited exposure or the victim’s representative of the provisions of Part II of this subtitle:

        (1)    a sexual assault crisis program established under § 11–923 of this title when a victim or victim’s representative contacts the program;

        (2)    an intake officer who receives a complaint for the alleged prohibited exposure under § 3–8A–10 of the Courts Article; or

        (3)    on the filing of a charging document or delinquency petition for the alleged prohibited exposure:

            (i)    the Department of State Police;

            (ii)    the Police Department of Baltimore City;

            (iii)    the police unit of a county;

            (iv)    the police unit of a municipal corporation;

            (v)    the office of the sheriff of a county;

            (vi)    the office of the State’s Attorney of a county;

            (vii)    the Office of the Attorney General;

            (viii)    the Office of the State Prosecutor;

            (ix)    the Department of Juvenile Services; or

            (x)    the police unit of a bicounty unit or the University System of Maryland.