Maine Revised Statutes Title 5 Sec. 19203-F – HIV test after conviction for sexual assault
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Convicted offender” means a person who has been convicted of a sexual crime or, in the case of a juvenile, a person who has been adjudicated as having committed a sexual crime. [PL 1995, c. 319, §4 (NEW).]
B. “Incapacitated adult” means an adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that individual. [PL 1995, c. 319, §4 (NEW).]
C. “Sexual crime” means a crime involving a sexual act, as defined in Title 17?A, section 251, subsection 1, paragraph C, subparagraph (1). [PL 1995, c. 319, §4 (NEW).]
[PL 1995, c. 319, §4 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 19203-F
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Conviction: A judgement of guilt against a criminal defendant.
- facility: includes a pharmacy licensed pursuant to Title 32. See Maine Revised Statutes Title 5 Sec. 19201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- HIV: means the human immunodeficiency virus, identified as the causative agent of Acquired Immune Deficiency Syndrome or AIDS. See Maine Revised Statutes Title 5 Sec. 19201
- Person: means any natural person, firm, corporation, partnership or other organization, association or group, however organized. See Maine Revised Statutes Title 5 Sec. 19201
2. Request for testing. A person who is the victim of a sexual crime, or that person’s parent, guardian or authorized representative if that person is a minor or incapacitated adult, may petition the court at any time prior to sentencing or no later than 180 days after conviction to order the convicted offender to submit to HIV testing and to order that the convicted offender be informed of the test results.
[PL 1995, c. 319, §4 (NEW).]
3. Duties of the court. Upon receipt of the petition, the court shall order that the convicted offender obtain HIV testing conducted by or under authority of the Department of Health and Human Services and, if requested by the petitioner, that the convicted offender be informed of the test results.
[PL 1995, c. 319, §4 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
4. Reporting and counseling. The health care facility in which a convicted offender is tested pursuant to this section shall disclose the results of the test to the victim-witness advocate, who shall disclose the result to the petitioner. The health care facility shall, upon order of the court, disclose the results of the test to the convicted offender.
[PL 2007, c. 93, §2 (AMD).]
SECTION HISTORY
PL 1995, c. 319, §4 (NEW). PL 2003, c. 689, §B6 (REV). PL 2007, c. 93, §2 (AMD).