46.3619 Mandatory HIV testing for persons convicted of sexual offenses, or adjudicated as a juvenile offender.

Cite as [A.S.C.A. § 46.3619]

(a) Where a person is convicted as an adult or adjudicated as a juvenile offender under 46.3604, 46.3610, 46.3611, 46.3612, 46.3615, 46.3616 or 46.3618, the court shall order the following:

(1) That as a condition of sentence, the defendant shall, within thirty days, undergo testing performed by the American Samoa Government department of health to determine whether the defendant has the acquired immune deficiency syndrome (AIDS), or its precursor, human immunodeficiency virus (HIV) in his or her body.

(b) That the results of such tests shall be submitted to the court and made available only to the victim and to the defendant.

(c) That upon the victim's request, the Office of the Attorney General shall provide the victim with referrals to the Department of Health and Department of Human Resources for counseling, health care, medical testing, and support services relating to the acquired immune deficiency syndrome (AIDS), or precursor, human immunodeficiency virus (HIV).

History: 1994, PL 23-11.