Effective - 28 Aug 2021, 2 histories
545.940. Defendant may be tested for various serious infectious or communicable diseases, when. — 1. Pursuant to a motion filed by the prosecuting attorney or circuit attorney with notice given to the defense attorney and for good cause shown, in any criminal case in which a defendant has been charged by the prosecuting attorney's office or circuit attorney's office with any offense under chapter 566 or section 565.050, assault in the first degree; section 565.052 or 565.060*, assault in the second degree; section 565.054 or 565.070**, assault in the third degree; section 565.056, assault in the fourth degree; section 565.072, domestic assault in the first degree; section 565.073, domestic assault in the second degree; section 565.074, domestic assault in the third degree; section 565.075***, assault while on school property; section 565.076, domestic assault in the fourth degree; section 565.081***, 565.082***, or 565.083***, assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer in the first, second, or third degree; section 567.020, prostitution; section 568.045, endangering the welfare of a child in the first degree; section 568.050, endangering the welfare of a child in the second degree; section 568.060, abuse of a child; section 575.150, resisting or interfering with an arrest; or subdivision (2) or (3) of subsection 2 of section 191.677, knowingly or recklessly exposing a person to a serious infectious or communicable disease, the court may order that the defendant be conveyed to a state-, city-, or county-operated HIV clinic for testing for HIV, hepatitis B, hepatitis C, syphilis, gonorrhea, and chlamydia. The results of such tests shall be released to the victim and his or her parent or legal guardian if the victim is a minor. The results of such tests shall also be released to the prosecuting attorney or circuit attorney and the defendant's attorney. The state's motion to obtain said testing, the court's order of the same, and the test results shall be sealed in the court file.
2. As used in this section, "HIV" means the human immunodeficiency virus that causes acquired immunodeficiency syndrome.
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(L. 2002 H.B. 1756, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2021 S.B. 53 & 60)
Transferred 2014; formerly 566.135; Effective 1-01-17
*Section 565.060 was transferred in 2014; now 565.052, effective 1-01-17.
**Section 565.070 was transferred in 2014; now 565.054, effective 1-01-17.
***Sections 565.075, 565.081, 565.082, and 565.083 were repealed by S.B. 491, 2014, effective 1-01-17.