Chapter 39. HIV Testing of Certain Criminal Offenders.

§ 22–3901. Definitions.

For the purposes of this chapter, the term:

(1) “Convicted” means having received a verdict, or a finding, of guilt in a criminal proceeding, adjudicated as being delinquent in a juvenile proceeding, or having entered a plea of guilty or nolo contendere.

(2) “HIV test” means blood testing for the human immunodeficiency virus (“HIV”) or any other identified causative agent of the acquired immune deficiency syndrome (“AIDS”).

(3) “Mayor” means the Mayor of the District of Columbia, or his or her designee.

(4) “Offense” means any prohibited activity involving a sexual act that includes contact between the penis and the vulva or the penis and the anus, however slight, or contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus.

(5) “Victim” means a person injured by the commission of an offense, and includes the parent or legal guardian of the victim, if the victim is a minor, or the spouse, domestic partner, or child of a victim, if the victim is deceased or incapacitated.

(Nov. 11, 1995, D.C. Law 11-74, § 2, 42 DCR 3624; Apr. 24, 2007, D.C. Law 16-306, § 222, 53 DCR 8610.)

Prior Codifications

1981 Ed., § 24-491.

Section References

This section is referenced in § 22-3902.

Effect of Amendments

D.C. Law 16-306 rewrote par. (5), which read as follows: “(5) ‘Victim’ means a person injured by the commission of an offense, and includes the parent or legal guardian of a victim, if the victim is a minor, or the spouse or child of a victim, if the victim is deceased or incapacitated.”

Emergency Legislation

For temporary addition of subchapter, see §§ 2 to 4 of the HIV Testing of Certain Criminal Offenders Emergency Act of 1995 (D.C. Act 11-87, July 6, 1995, 42 DCR 3617).

For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 222 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

§ 22–3902. Testing and counseling.

(a) Upon the request of a victim, the court shall order any individual convicted of an offense, as defined by § 22-3901, to furnish a blood sample to be tested for the presence of HIV.

(b) The court shall promptly notify the Mayor of any court order for an HIV test. Upon receipt of a court order for an HIV test, the Mayor shall promptly collect a blood sample from the convicted individual and conduct an HIV test on the blood sample.

(c) After conducting the HIV test, the Mayor shall promptly notify the victim and the convicted individual of the results of the HIV test. The Mayor shall not disclose the results of the HIV test without also providing, offering, or arranging for appropriate counselling and referral for appropriate health care and support services to the victim and the convicted individual.

(d) The victim may disclose the results of the HIV test to any other individual to protect the health and safety of the victim, the victim’s sexual partners, or the victim’s family.

(e) The result of any HIV test conducted under this section shall not be admissible as evidence of guilt or innocence in any criminal proceeding.

§ 22–3903. Rules.

(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement this chapter.

(b) The rules shall include provisions regarding notification to the victim of his or her right to request an HIV test, confidentiality of the test results, free counselling for the victim and the convicted individual concerning HIV testing and HIV disease, and referral for appropriate health care and supportive services.