Ch. 312

1997 LAWS OF MARYLAND

1. Contact between the penis and the vulva or the penis and the
anus, and for purposes of this subparagraph contact involving the penis occurs upon
penetration, however slight; or

2. Contact between the mouth and the penis, the mouth and the
vulva, or the mouth and the anus; or

(ii) Any other criminal offense or delinquent act the commission of
which may have caused or resulted in an exposure.

(11) (i) "Victim" means the victim of an offense.

(ii) "Victim" includes:

1. The parent of a victim who is a minor;

2. The legal guardian of a victim; [or]

3. The person authorized to give substituted consent for the
victim under § 5-605 of the Health - General Article; OR

4. A LAW ENFORCEMENT OFFICER ACTING IN THE
PERFORMANCE OF THE LAW ENFORCEMENT OFFICER'S OFFICIAL DUTIES AT THE
TIME OF THE EXPOSURE; OR

5. A PAID OR VOLUNTEER FIREFIGHTER. AN EMERGENCY
MEDICAL TECHNICIAN, OR RESCUE SQUADMAN WHILE ACTING IN THE
PERFORMANCE OF DUTY.

(b) (1) Upon the written request of a victim to the office of the State's Attorney
in the jurisdiction where an offense occurred, the court shall order an individual
convicted of committing the offense or being granted probation before judgment under §
641 of this article to furnish a blood sample to be tested for the presence of HIV and any
other identified causative agent of the acquired immune deficiency syndrome (AIDS).

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

(c) (1) If the individual is charged within 1 year after the offense occurred, in
addition to the provisions of subsection (b) of this section, upon the written request of a
victim to the office of the State's Attorney in the jurisdiction where an offense occurred,
the court may order, upon a finding of probable cause to believe that an exposure
occurred, an individual charged with the offense to furnish a blood sample to be tested
for the presence of HIV.

(2) (i) Prior to issuing any order for testing under the provisions of
paragraph (1) of this subsection, the court shall conduct a hearing at which both the
victim and the person charged have the right to be present.

(ii) Both the victim and the person charged shall be notified of:

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

2. Their right to be present at the hearing.

- 2302 -