Section 11-107 - Definitions.
§ 11-107. Definitions.
(a) In general.- In Part II of this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 27, § 855(a)(1).
The only changes are in style.
(b) Charged.- "Charged" means to be the subject of an indictment, an information, or a petition alleging a delinquent act.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 855(a)(4).
The term "charged" is defined to mean "to be the subject" of an indictment, information, or petition. This phrase is substituted for the former reference that defined "charged" to mean "the filing" of an indictment, information, or petition. This substitution is made to reflect that "charged" is used in Part II of this subtitle to describe a person who is accused in the charging document and not the act of filing the document.
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that charging documents in most District Court cases are excluded from the definition under subsection (b) of this section, yet the documents could cover criminal conduct warranting HIV testing.
Defined Terms.
"Delinquent act" § 11-101
(c) Health officer.- "Health officer" has the meaning stated in § 1-101 of the Health - General Article.
Revisor's Note.
This subsection formerly was Art. 27, § 855(a)(8).
The only changes are in style.
(d) HIV.- "HIV" means any human immunodeficiency virus that causes Acquired Immune Deficiency Syndrome (AIDS).
Revisor's Note.
This subsection formerly was Art. 27, § 855(a)(9).
No changes are made.
(e) Prohibited exposure.-
(1) "Prohibited exposure" means a crime or delinquent act that may have caused or resulted in exposure to HIV.
(2) "Prohibited exposure" includes:
(i) contact that occurs on penetration, however slight, between the penis and the vulva or anus; and
(ii) contact between the mouth and the penis, vulva, or anus.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 855(a)(10).
The defined term "prohibited exposure" is substituted for the former defined term "offense" for clarity and to avoid the erroneous implication that a delinquent act is criminal activity.
The former reference to "[a]ny prohibited activity involving a sexual act" is deleted in light of the reference to "a crime or delinquent act that may have caused or resulted in exposure to HIV".
In paragraph (1) of this subsection, the former reference to a criminal offense or delinquent act "the commission of which" may have caused or resulted in exposure is deleted in light of the reference to "crime or delinquent act".
Also in paragraph (1) of this subsection, the phrase "exposure to HIV" is added for clarity.
Defined Terms.
"Delinquent act" § 11-101
(f) Victim.-
(1) "Victim" means the victim of a prohibited exposure.
(2) "Victim" includes:
(i) a law enforcement officer who is exposed to HIV while acting in the performance of duty;
(ii) a paid or volunteer firefighter, an emergency medical technician, or rescue squad member who is exposed to HIV while acting in the performance of duty; and
(iii) a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV while acting in the performance of duty.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 855(a)(11)(i) and (ii)4 and 5.
In paragraph (2)(i) of this subsection, the reference to a law enforcement officer who is exposed "to HIV" is added for clarity.
Also in paragraph (2)(i) of this subsection, the former reference to "official" is deleted as included in the reference to "duty".
Defined Terms.
"HIV" § 11-107
"Prohibited exposure" § 11-107
(g) Victim's representative.- "Victim's representative" means:
(1) the parent of a victim who is a minor;
(2) the legal guardian of a victim; or
(3) the person authorized to give consent for the victim under § 5-605 of the Health - General Article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 27, § 855(a)(11)(ii)1 through 3.
In this subsection and in subsection (f) of this section, the former defined term "victim" is revised as two defined terms - "victim" and "victim's representative". This bifurcation allows independent reference to be made to persons with an actual involvement in a prohibited exposure - i.e., the victim, including certain law enforcement and fire fighting personnel - without invoking certain persons with only a legal relationship with a victim - i.e., the parent of a victim who is a minor, the legal guardian of a victim, or the person authorized to give consent. Thus, for references in the former law to "victim" in which only actual victims were obviously intended, reference to persons with only a legal relationship with a victim is not made in this revision. See § 11-114(a) - which refers to "the victim, the victim's sexual partner, or the victim's family". In all other instances, references both to actual victims and persons with a legal relationship to a victim are apparently intended; thus, both defined terms, "victim" and "victim's representative" are used.
In item (3) of this subsection, the former reference to "substituted" consent for the victim is deleted as implicit in the word "consent".
Defined Terms.
"Person" § 1-101
"Victim" § 11-107
[An. Code 1957, art. 27, § 855(a)(1), (4), (8), (9), (10), (11)(i), (ii)1, 2, 3, 4, 5; 2001, ch. 10, § 2; 2005, ch. 252; 2007, ch. 97.]