2002 Minnesota Statutes

     611A.19 Testing of sex offender for human 
  immunodeficiency virus. 

    Subdivision 1.    Testing on request of victim.  (a) 
 Upon the request or with the consent of the victim, the 
 prosecutor shall make a motion in camera and the sentencing 
 court shall issue an order requiring an adult convicted of or a 
 juvenile adjudicated delinquent for violating section 609.342 
 (criminal sexual conduct in the first degree), 609.343 (criminal 
 sexual conduct in the second degree), 609.344 (criminal sexual 
 conduct in the third degree), 609.345 (criminal sexual conduct 
 in the fourth degree), or any other violent crime, as defined in 
 section 609.1095, to submit to testing to determine the presence 
 of human immunodeficiency virus (HIV) antibody if:  

    (1) the crime involved sexual penetration, however slight, 
 as defined in section 609.341, subdivision 12; or 

    (2) evidence exists that the broken skin or mucous membrane 
 of the victim was exposed to or had contact with the offender's 
 semen or blood during the commission of the crime in a manner 
 which has been demonstrated epidemiologically to transmit the 
 human immunodeficiency virus (HIV).  

    (b) When the court orders an offender to submit to testing 
 under paragraph (a), the court shall order that the test be 
 performed by an appropriate health professional who is trained 
 to provide the counseling described in section 144.7414, and 
 that no reference to the test, the motion requesting the test, 
 the test order, or the test results may appear in the criminal 
 record or be maintained in any record of the court or court 
 services, except in the medical record maintained by the 
 department of corrections.  

    Subd. 2.    Disclosure of test results.  The date and 
 results of a test performed under subdivision 1 are private data 
 as defined in section 13.02, subdivision 12, when maintained by 
 a person subject to chapter 13, or may be released only with the 
 subject's consent, if maintained by a person not subject to 
 chapter 13.  The results are available, on request, to the 
 victim or, if the victim is a minor, to the victim's parent or 
 guardian and positive test results shall be reported to the 
 commissioner of health.  Any test results given to a victim or 
 victim's parent or guardian shall be provided by a health 
 professional who is trained to provide the counseling described 
 in section 144.7414.  Data regarding administration and results 
 of the test are not accessible to any other person for any 
 purpose and shall not be maintained in any record of the court 
 or court services or any other record.  After the test results 
 are given to the victim or the victim's parent or guardian, data 
 on the test must be removed from any medical data or health 
 records maintained under section 13.384 or 144.335 and 
 destroyed, except for those medical records maintained by the 
 department of corrections. 

    HIST: 1992 c 569 s 27; 1994 c 636 art 7 s 6; 1995 c 226 art 7 
 s 10; 1998 c 367 art 6 s 15; 1999 c 227 s 22; 2000 c 422 s 
 53,54; 2001 c 202 s 16; 2001 c 210 s 27