|
|
|
|
|
|
|
|
|
|
Ch. 252 2005 LAWS OF MARYLAND
(2) enters a plea of guilty or nolo contendere and the plea is accepted by
the court.
11-109.
(a) In this section, "body fluids" has the meaning stated in § 18-338.1 of the
Health - General Article.
(b) Exposure to HIV between a victim and a person charged with a prohibited
exposure occurs:
(1) by percutaneous or mucocutaneous contact with blood or body fluids;
(2) by contact for a prolonged period with blood or body fluids of an open
wound, including dermatitis, exudative lesions, and chapped skin;
(3) by intact skin contact for a prolonged period with large amounts of
blood or body fluids; or
(4) under any other condition or circumstance under which a person may
be exposed to HIV.
11-110.
In addition to testing allowed under § 11-112 of this subtitle, the .court may
order a person charged with a prohibited exposure to give a blood sample to be tested
for the presence of HIV if:
(1) the person is charged with a prohibited exposure within 1 year after
the prohibited exposure occurred;
(2) a victim or victim's representative requests the testing in writing to
the State's Attorney in the county where the prohibited exposure occurred; and
(3) the court finds probable cause to believe that a prohibited exposure
occurred.
11-111.
(a) (1) Before ordering a test under § 11-110 of this subtitle AND SUBJECT
TO THE PROVISIONS OF SUBSECTION (D) OF THIS SECTION, the court shall hold a
hearing at which both the victim or victim's representative and the person charged
with a prohibited exposure have the right to be present.
(2) The victim or victim's representative and the person charged with a
prohibited exposure shall be notified of:
(i) the date, time, and location of the hearing; and
(ii) their right to be present at the hearing.
(b) During the hearing, a court may admit into evidence only affidavits,
counter-affidavits, and medical records that:
(1) relate to the material facts of the case; and
- 1306 -
|
|
|
|
|
|
|
|
|
|
|
|
![clear space](../../../images/clear.gif) |