Page:United States Statutes at Large Volume 108 Part 3.djvu/194

 108 STAT. 1946 PUBLIC LAW 103-322—SEPT. 13, 1994 (3) by inserting after subparagraph (C) the following new subparagraph: "(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;". 42 USC 14011. SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMIT- TED DISEASES. (a) FOR VICTIMS IN SEX OFFENSE CASES. —Section 503(c)(7) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by adding at the end the following: "The Attorney General shall provide for the pa5anent of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section.". (b) LIMITED TESTING OF DEFENDANTS. — (1) COURT ORDER.— The victim of an offense of the type referred to in subsection (a) may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling. (2) SHOWING REQUIRED. —TO obtain an order under paragraph (1), the victim must demonstrate that— (A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made; (B) the test for the etiologic agent for acquired immune deficiency syndrome is requested by the victim after appropriate counseling; and (C) the test would provide information necessary for the health of the victim of the alleged offense and the court determines that the alleged conduct of the defendant created a risk of transmission, as determined by the Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim. (3) FOLLOW-UP TESTING.—The court may order follow-up tests and counseling under paragraph (b)(1) if the initial test was negative. Such follow-up tests and counseling shall be performed at the request of the victim on dates that occur six months and twelve months following the initial test. (4) TERMINATION OF TESTING REQUIREMENTS.— An order for follow-up testing under paragraph (3) shall be terminated if the person obtains an acquittal on, or dismissal of, all charges of the type referred to in subsection (a).

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