1.1                          A bill for an act
  1.2             relating to crime victims; requiring persons accused 
  1.3             of certain crimes involving exposure to bodily fluids 
  1.4             to be tested for the HIV virus at the victim's 
  1.5             request; amending Minnesota Statutes 1996, section 
  1.6             611A.19, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 611A.19, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
  1.11  the request or with the consent of the victim, the prosecutor 
  1.12  shall, at the offender's first appearance or at any later time 
  1.13  during the proceedings, make a motion in camera and the 
  1.14  sentencing court shall issue an order requiring an 
  1.15  adult convicted of charged with or a juvenile adjudicated 
  1.16  delinquent petitioned for violating section 609.342 (criminal 
  1.17  sexual conduct in the first degree), 609.343 (criminal sexual 
  1.18  conduct in the second degree), 609.344 (criminal sexual conduct 
  1.19  in the third degree), 609.345 (criminal sexual conduct in the 
  1.20  fourth degree), or any other violent crime, as defined in 
  1.21  section 609.152, to submit to testing to determine the presence 
  1.22  of human immunodeficiency virus (HIV) antibody if:  
  1.23     (1) the crime involved sexual penetration, however slight, 
  1.24  as defined in section 609.341, subdivision 12; or 
  1.25     (2) evidence exists that the broken skin or mucous membrane 
  1.26  of the victim was exposed to or had contact with the offender's 
  2.1   semen or blood during the commission of the crime in a manner 
  2.2   which has been demonstrated epidemiologically to transmit the 
  2.3   human immunodeficiency virus (HIV).  
  2.4      (b) When the court orders an offender to submit to testing 
  2.5   under paragraph (a), the court shall order that the test be 
  2.6   performed by an appropriate health professional who is trained 
  2.7   to provide the counseling described in section 144.763, and that 
  2.8   no reference to the test, the motion requesting the test, the 
  2.9   test order, or the test results may appear in the criminal 
  2.10  record or be maintained in any record of the court or court 
  2.11  services.