HB 1416 — Sexually transmitted infections; testing of certain persons following arrest or indictment, etc.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E680 An Act to amend the Code of Virginia by adding a section numbered 18.2-61.1, relating to testing of certain persons for sexually transmitted infections.

R O [H 1416] Approved LMarch L27, 2023 Be it enacted by the General Assembly of Virginia:

E § 18.2-61.1.

DA. consultation with a complaining witness, or shall request upon the request of the complaining witness, that any person charged with (i) any crime involving sexual assault pursuant to this article;

As soon as practicable following arrest, the attorney for the Commonwealth may request after consultation with a complaining witness, or shall request upon the request of the complaining witness, that any person charged with (i) any crime involving sexual assault pursuant to this article;

or (iii) any assault and battery, and where the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for DiseaseDiseaseo Control and Prevention, transmit a sexually transmitted infection, be requested to submit to diagnostic testing for sexually transmitted infections and any follow-up testing as may be medically approHriate.appropriate.

The person so charged shall be counseled about the meaning of the tests and about the transmiss1on,transmission, treIftreatment, the person so charged refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing in a manner as provided by § 19.2-183, as soon as practicable, to determine whether there is probable cause that the individual has committed the crime with which he is charged and thatprevention the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection.infections.

If the person so charged refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing in a manner as provided by § 19.2-183, as soon as practicable, to determine whether there is probable cause that the individual has committed the crime with which he is charged and that the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection.

The court may enter such an order in the absence of the person so charged if the shallperson beso withoutcharged prejudiceis torepresented eitherat the Commonwealthhearing orby thecounsel personor chargeda andguardian shallad notlitem. be evidenceg in any proceeding, civil or criminal.

The court's finding shall be without prejudice to either the Commonwealth or the person charged and shall not be evidence in any proceeding, civil or criminal.

At any point following indictment, arrest by warrant, or service of a petition in the case of a juvenile of any crime involving sexual assault pursuant to this article or any offenses against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, the attorney for the Commonwealth may request after consultation with a complaining witness, or shall request upon the request of the complaining witness, and the court shall order the defendant to submit to diagnostic testing for sexually testtransmitted conductedinfections followingwithin indictment,48 arresthours byand warrant,any orfollow-up servicetesting of a petition shall be in addition to such tests as may havebe beenmedically conductedappropriate. following arrest pursuant to subsection A.

Any test conducted following indictment, arrest by warrant, or service of a petition shall be in addition to such tests as may have been conducted following arrest pursuant to subsection A.

The court may enter such an order in the absence of the defendant if the defendant is represented at the hearing by counsel or a guardian ad litem.

The court's finding shall be without prejudice to either theethe Commonwealth or the defendant and shall not be evidence in any proceeding, civil or criminal.

performedThe theresults testof shall also disclose the resultstests toshall anybe victimconfidential andas offerprovided appropriatein counseling.§ 32.1-127.1:03;

Thethowever, Departmentthe ofentity Healththat performed the test shall conductalso surveillancedisclose andthe investigationresults into accordanceany withvictim §and 32.1-39.offer appropriate counseling.

The Department of 2Health E.shall conduct surveillance and investigation in accordance with § 32.1-39.

E.

No specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose of 2 provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation.