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Session Laws, 2005
Volume 752, Page 1306   View pdf image
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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 -


 
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Session Laws, 2005
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