| Sec. 2907.27. (A)(1) If a person is charged with a violation | 8 |
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of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or | 9 |
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2907.25 of the Revised Code or with a violation of a municipal | 10 |
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ordinance that is substantially equivalent to any of those | 11 |
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sections, the arresting authorities or a court, upon the request | 12 |
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of the prosecutor in the case or upon the request of the victim, | 13 |
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shall cause the accused to submit to one or more appropriate tests | 14 |
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to determine if the accused is suffering from a venereal disease. | 15 |
| (2) If the accused is found to be suffering from a venereal | 16 |
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disease in an infectious stage, the accused shall be required to | 17 |
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submit to medical treatment for that disease. The cost of the | 18 |
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medical treatment shall be charged to and paid by the accused who | 19 |
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undergoes the treatment. If the accused is indigent, the court | 20 |
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shall order the accused to report to a facility operated by a city | 21 |
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health district or a general health district for treatment. If the | 22 |
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accused is convicted of or pleads guilty to the offense with which | 23 |
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the accused is charged and is placed under a community control | 24 |
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sanction, a condition of community control shall be that the | 25 |
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offender submit to and faithfully follow a course of medical | 26 |
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treatment for the venereal disease. If the offender does not seek | 27 |
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the required medical treatment, the court may revoke the | 28 |
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offender's community control and order the offender to undergo | 29 |
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medical treatment during the period of the offender's | 30 |
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incarceration and to pay the cost of that treatment. | 31 |
| (B)(1)(a) If a person is charged with a violation of division | 32 |
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(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, | 33 |
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2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised | 34 |
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Code or with a violation of a municipal ordinance that is | 35 |
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substantially equivalent to that division or any of those | 36 |
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sections, the court, upon the request of the prosecutor in the | 37 |
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case, upon the request of the victim, or upon the request of any | 38 |
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other person whom the court reasonably believes had contact with | 39 |
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the accused in circumstances related to the violation that could | 40 |
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have resulted in the transmission to that person the human | 41 |
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immunodeficiency virus, shall cause the accused to submit to one | 42 |
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or more tests designated by the director of health under section | 43 |
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3701.241 of the Revised Code to determine if the accused is | 44 |
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infected with HIV. The court, upon the request of the prosecutor | 45 |
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in the case, upon the request of the victim with the agreement of | 46 |
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the prosecutor, or upon the request of any other person with the | 47 |
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agreement of the prosecutor, may cause an accused who is charged | 48 |
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with a violation of any other section of the Revised Code or with | 49 |
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a violation of any other municipal ordinance to submit to one or | 50 |
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more tests so designated by the director of health if the | 51 |
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circumstances of the violation indicate probable cause to believe | 52 |
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that the accused, if the accused is infected with HIV, might have | 53 |
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transmitted HIV to any of the following persons in committing the | 54 |
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violation: | 55 |
| (b) The results of a test performed under division (B)(1)(a) | 62 |
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of this section shall be communicated in confidence to the court, | 63 |
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and the court shall inform the accused of the result. The court | 64 |
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shall inform the victim that the test was performed and either | 65 |
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inform the victim of the result or inform the victim that the | 66 |
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victim has a right to receive the results on request. If the test | 67 |
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was performed upon the request of a person other than the | 68 |
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prosecutor in the case and other than the victim, the court shall | 69 |
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inform the person who made the request that the test was performed | 70 |
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and that the person has a right to receive the results upon | 71 |
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request. Additionally, regardless of who made the request that was | 72 |
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the basis of the test being performed, if the court reasonably | 73 |
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believes that, in circumstances related to the violation, a person | 74 |
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other than the victim had contact with the accused that could have | 75 |
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resulted in the transmission of HIV to that person, the court may | 76 |
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inform that person that the test was performed and that the person | 77 |
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has a right to receive the results of the test on request. If the | 78 |
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accused tests positive for HIV, the test results shall be reported | 79 |
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to the department of health in accordance with section 3701.24 of | 80 |
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the Revised Code and to the sheriff, head of the state | 81 |
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correctional institution, or other person in charge of any jail or | 82 |
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prison in which the accused is incarcerated. If the accused tests | 83 |
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positive for HIV and the accused was charged with, and was | 84 |
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convicted of or pleaded guilty to, a violation of section 2907.24, | 85 |
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2907.241, or 2907.25 of the Revised Code or a violation of a | 86 |
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municipal ordinance that is substantially equivalent to any of | 87 |
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those sections, the test results also shall be reported to the law | 88 |
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enforcement agency that arrested the accused, and the law | 89 |
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enforcement agency may use the test results as the basis for any | 90 |
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future charge of a violation of division (B) of any of those | 91 |
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sections or a violation of a municipal ordinance that is | 92 |
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substantially equivalent to division (B) of any of those sections. | 93 |
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No other disclosure of the test results or the fact that a test | 94 |
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was performed shall be made, other than as evidence in a grand | 95 |
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jury proceeding or as evidence in a judicial proceeding in | 96 |
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accordance with the Rules of Evidence. If the test result is | 97 |
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negative, and the charge has not been dismissed or if the accused | 98 |
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has been convicted of the charge or a different offense arising | 99 |
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out of the same circumstances as the offense charged, the court | 100 |
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shall order that the test be repeated not earlier than three | 101 |
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months nor later than six months after the original test. | 102 |
| (2) If an accused who is free on bond refuses to submit to a | 103 |
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test ordered by the court pursuant to division (B)(1) of this | 104 |
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section, the court may order that the accused's bond be revoked | 105 |
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and that the accused be incarcerated until the test is performed. | 106 |
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If an accused who is incarcerated refuses to submit to a test | 107 |
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ordered by the court pursuant to division (B)(1) of this section, | 108 |
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the court shall order the person in charge of the jail or prison | 109 |
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in which the accused is incarcerated to take any action necessary | 110 |
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to facilitate the performance of the test, including the forcible | 111 |
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restraint of the accused for the purpose of drawing blood to be | 112 |
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used in the test. | 113 |
| (3) A state agency, a political subdivision of the state, or | 114 |
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an employee of a state agency or of a political subdivision of the | 115 |
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state is immune from liability in a civil action to recover | 116 |
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damages for injury, death, or loss to person or property allegedly | 117 |
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caused by any act or omission in connection with the performance | 118 |
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of the duties required under division (B)(2) of this section | 119 |
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unless the acts or omissions are with malicious purpose, in bad | 120 |
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faith, or in a wanton or reckless manner. | 121 |
