SF 1525

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to corrections; clarifying notification
procedure when victim requests a test on offender;
amending Minnesota Statutes 2004, section 611A.19.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 611A.19, is
amended to read:

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.

new text begin (c) The order shall include the name and contact
information of the victim's choice of health care provider.
new text end

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. new text begin Unless the subject of the test is an
inmate at a state correctional facility, new text end 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. new text begin If the subject of the test is an
inmate at a state correctional facility, test results shall be
given by the Department of Corrections' medical director to the
victim's health care provider who shall give the results to the
victim or victim's parent or guardian. new text end 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.