Ch. 585

1996 LAWS OF MARYLAND

1.       The date, time, and location of the hearing; and

2.       Their right to be present at the hearing.

(3)     During the hearing only affidavits, counter-affidavits, and medical
records that relate to the material facts of the case used to support or rebut a finding of
probable cause for the issuance of a court order may be admissible...

(4)     The written request of the victim shall be filed by the State's Attorney
with the court and sealed by the court.

. (d) (1) After conviction, a granting of probation before judgment, or a finding
of probable cause by a court under subsection (b) or (c) of this section, respectively, the
State's Attorney shall promptly notify the local health officer of the victim's written
request for testing.

(2) Upon receipt of a court order for testing issued under subsection (b) or
(c) of this section, the local health officer or the local health officer's designee from any
other governmental entity shall:

(i) Promptly collect the blood sample from the convicted or charged
individual;

(ii) Conduct the test on the blood sample; and

(iii) Provide pretest and posttest counseling to the victim and the
charged or convicted individual in accordance with the provisions of [ Part VI, Subtitle 3,
Title 18 of the Health - General Article] TITLE 18, SUBTITLE 3, PART VI OF THE
HEALTH - GENERAL ARTICLE.

(e)     (1) After receiving the results of a test conducted under subsection (d) of
this section, the local health officer shall promptly notify the victim and the accused or
convicted individual of the test results.

(2) A local health officer may not disclose positive test results to a victim or
a charged or convicted individual without also providing, offering, or arranging for the
provision of appropriate counseling to the victim and the charged or convicted individual.

(f)     The Department shall adopt regulations to implement the provisions of this
section, including regulations regarding:

(1)     The confidentiality of test results; and

(2)     Providing victims with counseling regarding HIV disease, HIV testing,
and referral for appropriate health care and support services.

(g)     A victim of an offense described under this section shall be notified of the
provisions of this section by:

(1) An agency upon the filing with a court of a statement of charges or
indictment or information or petition alleging delinquency for the alleged commission of
an offense;

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