Testing for Sexually Transmitted Diseases Required

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Sexual Offenses
  5. Testing for Sexually Transmitted Diseases Required

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  1. Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
  2. Upon a verdict or plea of guilty or a plea of nolo contendere to the offense of pandering, the court in which that verdict is returned or plea entered shall as a condition of probation or a suspended sentence require the defendant in such case to submit to testing for sexually transmitted diseases within 45 days following the date of the verdict or plea and to consent to release of the test results to the defendant's spouse if the defendant is married; provided, however, that a defendant who is not a resident of this state shall, upon a verdict or plea of guilty or a plea of nolo contendere, be ordered by the court to undergo immediate testing for sexually transmitted diseases and shall remain in the custody of the court until such testing is completed. The clerk of the court, in the case of a defendant who is a resident of this state, shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Public Health. The tests for sexually transmitted diseases required under this subsection shall be limited to the eight most common sexually transmitted diseases as determined by the Department of Public Health.
  3. The Department of Public Health, within 30 days following the notification under subsection (b) of this Code section, shall arrange for the tests for the person required to submit thereto. Such person shall bear the costs of such tests.
  4. Any person required under this Code section to submit to testing for sexually transmitted diseases who fails or refuses to submit to the tests arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was returned or plea entered to require voluntary submission to the tests.

(Code 1981, §16-6-13.1, enacted by Ga. L. 1998, p. 1301, § 3; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

Law reviews.

- For review of 1998 legislation relating to crimes and offenses, see 15 Ga. St. U. L. Rev. 69 (1998). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 147 (2011).

Cross references.

- Testing for HIV, § 31-22-9.1.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, a comma was inserted following "resident of this state shall" and "plea of nolo contendere" in the first sentence of subsection (b).


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