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§ 7620.302. Procedure

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: December 24, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 45A. HIV-Related Testing for Sex Offenders Act
Chapter 3. HIV-Related Testing
Effective: December 24, 2012
35 P.S. § 7620.302
Formerly cited as PA ST 35 P.S. § 521.11a
§ 7620.302. Procedure
Currentness
(a) General rule.--In all judicial districts within this Commonwealth, the attorney for the Commonwealth shall, upon request of the victim and with notice to the defendant, make application to the court for HIV-related testing of the defendant for a violation of any of the following provisions under 18 Pa.C.S. (relating to crimes and offenses):
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of children) if the offense involved sexual contact with the victim.
Section 6301 (relating to corruption of minors) if the offense involved sexual contact with the victim.
Section 6312 (relating to sexual abuse of children) if the offense involved sexual contact with the victim.
Section 6320 (relating to sexual exploitation of children) if the offense involved sexual contact with the victim.
(b) Timing.--In the case of the Commonwealth proceeding under subsection (a):
(1) In the First Judicial District, the HIV-related test shall be administered no later than 48 hours after the filing of the bill of information.
(2) In judicial districts other than the First Judicial District, the HIV-related test shall be administered no later than 48 hours after the filing of the criminal information.
(c) Alternative.--In the event the victim fails to request HIV-related testing of the defendant as set forth in subsection (a), the victim may request that HIV-related testing be performed on the defendant at any point after the time period set forth in subsection (b) expires until six weeks after the date of conviction. In such an event, the attorney for the Commonwealth shall make application to the court, at the request of the victim, with notice to the defendant, for HIV-related testing of the defendant.

Credits

2012, Oct. 25, P.L. 1630, No. 201, § 302, effective in 60 days [Dec. 24, 2012].
35 P.S. § 7620.302, PA ST 35 P.S. § 7620.302
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document