KRS § 510.320 — KY Code / Title L / Chapter 510 / Section 510.320
510.320 Human immunodeficiency virus testing for defendants accused of certain sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of appeal
Status: in_force

510.320 Human immunodeficiency virus testing for defendants accused of certain

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.

(4) (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.