Maryland Code § CP-11-113

Section CP-11-113
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(a) (1) After conviction or a finding of a prohibited exposure, a finding of
probable cause under § 11-110(3) of this subtitle, or a granting of probation before
judgment under § 11-112 of this subtitle, the State's Attorney shall within 3 days
notify the local health officer of the written request by the victim or victim's
representative for testing.
(2) On receipt of a court order for testing issued under § 11-110(3) or
§ 11-112 of this subtitle, the local health officer or the local health officer's designee
from any other governmental unit shall:
(i) collect the blood sample within 7 days from the person who
is charged with, convicted of, or found to have committed a prohibited exposure;
(ii) test the blood sample; and
(iii) if the test is conducted for the presence of HIV, give pretest
and posttest counseling to the victim or victim's representative and the person subject

to testing in accordance with Title 18, Subtitle 3, Part VI of the Health - General
Article.
(b) (1) After receiving the results of a test conducted under subsection
(a) of this section, the local health officer shall promptly send notice of the test results
to:
(i) the victim or victim's representative; and
(ii) the person charged with, convicted of, or found to have
committed a prohibited exposure.
(2) The local health officer may not disclose positive test results to a
victim or victim's representative or a person charged with, convicted of, or found to
have committed a prohibited exposure without also giving, offering, or arranging for
appropriate counseling to:
(i) the victim or victim's representative; and
(ii) the person.
(c) The following shall notify a victim of prohibited exposure or the victim's
representative of the provisions of Part II of this subtitle:
(1) a sexual assault crisis program established under § 11-923 of this
title when a victim or victim's representative contacts the program;
(2) an intake officer who receives a complaint for the alleged
prohibited exposure under § 3-8A-10 of the Courts Article; or
(3) on the filing of a charging document or delinquency petition for
the alleged prohibited exposure:
(i) the Department of State Police;
(ii) the Police Department of Baltimore City;
(iii) the police unit of a county;
(iv) the police unit of a municipal corporation;
(v) the office of the sheriff of a county;
(vi) the office of the State's Attorney of a county;

(vii) the Office of the Attorney General;
(viii) the Office of the State Prosecutor;
(ix) the Department of Juvenile Services; or
(x) the police unit of a bicounty unit or the University System
of Maryland.

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