Home Table of Contents

§ 11-107. Definitions

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2017

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Part II. Right to HIV and Hepatitis C Testing (Refs & Annos)
Effective: October 1, 2017
MD Code, Criminal Procedure, § 11-107
§ 11-107. Definitions
Currentness
In general
(a) In Part II of this subtitle the following words have the meanings indicated.
Charged
(b) “Charged” means to be the subject of an indictment, an information, or a petition alleging a delinquent act.
Health officer
(c) “Health officer” has the meaning stated in § 1-101 of the Health--General Article.
HIV
(d) “HIV” means any human immunodeficiency virus that causes Acquired Immune Deficiency Syndrome (AIDS).
Prohibited exposure
(e)(1) “Prohibited exposure” means a crime or delinquent act that may have caused or resulted in exposure to HIV or hepatitis C.
(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.
Victim
(f)(1) “Victim” means the victim of a prohibited exposure.
(2) “Victim” includes:
(i) a law enforcement officer who is exposed to HIV or hepatitis C 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 or hepatitis C while acting in the performance of duty;
(iii) a forensic scientist, working under the direction of a law enforcement agency, who is exposed to HIV or hepatitis C while acting in the performance of duty; and
(iv) an individual who is licensed, certified, or otherwise authorized to provide health care under the Health Occupations Article who is exposed to HIV or hepatitis C while working under the direction of a law enforcement agency or while performing a sexual assault medical evidence collection examination.
Victim’s representative
(g) “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.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2005, c. 252, § 1, eff. Oct. 1, 2005; Acts 2007, c. 97, § 1, eff. Oct. 1, 2007; Acts 2017, c. 485, § 1, eff. Oct. 1, 2017; Acts 2017, c. 486, § 1, eff. Oct. 1, 2017.
Formerly Art. 27, § 855.
MD Code, Criminal Procedure, § 11-107, MD CRIM PROC § 11-107
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document