SENATE BILL No. 347
DIGEST OF INTRODUCED BILL
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)
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between statutes enacted by the 2007 Regular Session of the General Assembly.
SENATE BILL No. 347
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.
(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
(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.