§ 210.16 Requirement of HIV related testing in certain cases.\n 1. (a) In a case where an indictment or a superior court information\nhas been filed with a superior court which charges the defendant with a\nfelony offense enumerated in any section of article one hundred thirty\nof the penal law where an act of "vaginal sexual contact", "oral sexual\ncontact" or "anal sexual contact," as those terms are defined in section\n130.00 of the penal law, is required as an essential element for the\ncommission thereof, the court shall, upon a request of the victim within\nsix months of the date of the crimes charged, order that the defendant\nsubmit to human immunodeficiency virus (HIV) related testing. Testing of\na defendant shall be ordered when the result would provide medical\nbenefit to the victim or a psychological benefit to the victim. Medical\nbenefit shall be found when the following elements are satisfied: (i) a\ndecision is pending about beginning, continuing, or discontinuing a\nmedical intervention for the victim; and (ii) the result of an HIV test\nof the accused could affect that decision, and could provide relevant\ninformation beyond that which would be provided by an HIV test of the\nvictim. If testing the defendant would provide medical benefit to the\nvictim or a psychological benefit to the victim, then the testing is to\nbe conducted by a state, county, or local public health officer\ndesignated by the order. Test results, which shall not be disclosed to\nthe court, shall be communicated to the defendant and the victim named\nin the order in accordance with the provisions of section twenty-seven\nhundred eighty-five-a of the public health law.\n (b) For the purposes of this section, the terms "victim" and\n"applicant" mean the person with whom the defendant is charged to have\nengaged in an act of "vaginal sexual contact", "oral sexual contact" or\n"anal sexual contact", as those terms are defined in section 130.00 of\nthe penal law, where such conduct with such victim was the basis for\ncharging the defendant with an offense specified in paragraph (a) of\nthis subdivision.\n 2. Any request made by the victim pursuant to this section must be in\nwriting, filed with the court within six months of the date of the\ncrimes charged, and provided by the court to the defendant or his or her\ncounsel. The request must be filed with the court prior to or within\nforty-eight hours after the indictment or superior court information has\nbeen filed with the superior court; provided however that, for good\ncause shown, the court may permit such request to be filed at a later\nstage of the action within six months of the date of the crimes charged.\n 3. At any stage in the action within six months of the date of the\ncrimes charged, prior to the final disposition of the indictment or\nsuperior court information and while the defendant is charged with an\noffense specified in paragraph (a) of subdivision one of this section,\nthe victim may request that the defendant submit to a follow-up HIV\nrelated test. Such request must be in writing, filed with the court and\nprovided by the court to the defendant or his or her counsel. Upon a\nfinding that the follow-up HIV related test is medically appropriate the\ncourt must order that the defendant submit to such test. The court shall\nnot make such finding of medical appropriateness unless the follow-up\nHIV related test is to be administered a sufficient time after the\ncharged offense to be consistent with guidelines that may be issued by\nthe commissioner of health. There shall be no more than one follow-up\nHIV related test absent a showing of extraordinary circumstances.\n 4. Any requests, related papers and orders made or filed pursuant to\nthis section, together with any papers or proceedings related thereto,\nshall be sealed by the court and not made available for any purpose,\nexcept as may be necessary for the conduct of judicial proceedings\ndirectly related to the p
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