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Title XXXVII CRIMINAL PROCEDURE

Chapter 545

previous next Effective - 01 Jan 2017, see footnotebottom

  545.940.  Defendant may be tested for various sexually transmitted 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 paragraph (a), (b), or (c), of subdivision (2) of subsection 1 of section 191.677, recklessly exposing a person to HIV, 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)

Transferred 2014; formerly 566.135; Effective 1-01-17

*Section 565.075 was repealed by S.B. 491, 2014, effective 1-01-17.


---- end of effective   01 Jan 2017 ----

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