TITLE LXII
CRIMINAL CODE

CHAPTER 632-A
SEXUAL ASSAULT AND RELATED OFFENSES

Section 632-A:10-b

    632-A:10-b HIV Testing. –
I. The state shall administer to any person convicted of any offense under this chapter, except violations of RSA 632-A:10 or RSA 632-A:19, a test to detect in such person the presence of the etiologic agent for acquired immune deficiency syndrome.
I-a. The results of such test shall be disclosed to the person convicted and to the office of victim/witness assistance. The office of victim/witness assistance is authorized to disclose the test results to the county attorney victim/witness advocates and to the victim. The victim may be notified whether or not the victim has requested notification.
II. Notwithstanding RSA 141-F:7 and RSA 141-F:8, the state shall disclose results of a test administered pursuant to paragraph I and RSA 141-F:5, IV, to any person convicted, to the office of victim/witness assistance and may disclose the results to the victim.
III. The state shall provide counseling to the victim and the person convicted for such an offense regarding HIV disease, HIV testing for the victim in accordance with applicable law and referral for appropriate health care and support services.
IV. For purposes of this section:
(a) "HIV" means "human immune deficiency virus" as defined in RSA 141-F:2, V.
(b) "Person convicted" includes persons adjudicated under juvenile proceedings.
(c) "Victim" means "victim" as defined in RSA 21-M:8-b, I(a).

Source. 1993, 138:1. 1994, 18:1, eff. June 21, 1994.