Introduced Version




Citations Affected: IC 35-38-1-10.8.

Synopsis: Dangerous communicable diseases. Authorizes a court to order a defendant to be tested for a dangerous communicable disease if there is probable cause to believe that the defendant could have exposed a victim to a dangerous communicable disease.

Effective: July 1, 2008.


    January 14, 2008, read first time and referred to Committee on Judiciary.


Second Regular Session 115th General Assembly (2008)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-38-1-10.8; (08)IN0347.1.1. -->     SECTION 1. IC 35-38-1-10.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10.8. (a) As used in this section, "dangerous communicable disease" means a communicable disease that is classified by the state department of health as dangerous under IC 16-41-2-1.
    (b) If:
        (1) an alleged victim of an offense that could have resulted in the transmission of a dangerous communicable disease to the alleged victim makes a written request to a prosecuting attorney under this section; and
        (2) the court, after a hearing under this section, enters a finding that there is probable cause to believe that:
            (A) the alleged victim is a victim of an offense committed by the defendant; and
            (B) the offense could have resulted in the transmission of a dangerous communicable disease to the alleged victim;
the court may order an individual named as defendant in the prosecution of the offense to undergo a test for one (1) or more dangerous communicable diseases. The court is not required to find probable cause that the defendant is the carrier of a dangerous communicable disease.
    (c) Before issuing an order for testing under subsection (b), the court shall conduct a hearing at which both the alleged victim and the defendant have the right to be present. Both the alleged victim and the defendant must be notified of:
        (1) the date, time, and location of the hearing; and
        (2) their right to be present at the hearing.
    (d) During the hearing, the only evidence that may be admitted are affidavits, counteraffidavits, and, if applicable, medical records that relate to the material facts of the case and that are used to support or rebut a finding of probable cause to believe that the alleged victim could have been exposed to a dangerous communicable disease as a result of the alleged offense.
    (e) The written request of the alleged victim made under subsection (b) must be filed by the prosecuting attorney with the court and sealed by the court.
    (f) If the defendant ordered under subsection (b) to undergo a test has not been convicted, the results of the test shall be kept confidential and, except as provided in subsection (g), may not be made available to any person or public or private agency other than the following:
        (1) The defendant and the defendant's counsel.
        (2) The prosecuting attorney.
        (3) The department of correction.
        (4) The alleged victim and the alleged victim's counsel.
    (g) An alleged victim may disclose the results of a test that the defendant is ordered to undergo under subsection (b) to an individual or organization to protect the health and safety of or to seek compensation for:
        (1) the alleged victim;
        (2) a person whom the alleged victim could have exposed to the dangerous communicable disease; or
        (3) the alleged victim's family.