566.135. Defendant may be tested for various sexually transmitted diseases, when.
Defendant may be tested for various sexually transmitted diseases,when.
566.135. 1. Pursuant to a motion filed by the prosecuting attorneyor circuit attorney with notice given to the defense attorney and for goodcause shown, in any criminal case in which a defendant has been charged bythe prosecuting attorney's office or circuit attorney's office with anyoffense under this chapter or pursuant to section 575.150, 567.020,565.050, 565.060, 565.070, 565.072, 565.073, 565.074, 565.075, 565.081,565.082, 565.083, 568.045, 568.050, or 568.060, RSMo, or paragraph (a),(b), or (c), of subdivision (2) of subsection 1 of section 191.677, RSMo,the court may order that the defendant be conveyed to a state-, city-, orcounty-operated HIV clinic for testing for HIV, hepatitis B, hepatitis C,syphilis, gonorrhea, and chlamydia. The results of the defendant's HIV,hepatitis B, hepatitis C, syphilis, gonorrhea, and chlamydia tests shall bereleased to the victim and his or her parent or legal guardian if thevictim is a minor. The results of the defendant's HIV, hepatitis B,hepatitis C, syphilis, gonorrhea, and chlamydia tests shall also bereleased to the prosecuting attorney or circuit attorney and thedefendant's attorney. The state's motion to obtain said testing, thecourt's order of the same, and the test results shall be sealed in thecourt file.
2. As used in this section, "HIV" means the human immunodeficiencyvirus that causes acquired immunodeficiency syndrome.
(L. 2002 H.B. 1756)