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Georgia State University College of Law

1992

AIDS

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Criminal Procedure Sentence And Punishment: Regulation Of Hiv Testing In Aids-Transmitting Crimes, Carol Ann Hendry Jan 1992

Criminal Procedure Sentence And Punishment: Regulation Of Hiv Testing In Aids-Transmitting Crimes, Carol Ann Hendry

Georgia State University Law Review

The Act provides that a victim, or legal guardian of a victim, of an AIDS transmitting crime or other crime involving significant exposure may request that the person arrested for the crime be tested for HIV. If the arrested person refuses to be tested, the superior court may order the test to be performed upon a showing that there is probable cause to believe that the person arrested for the offense committed the crime and that significant exposure occurred. Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, an HIV test …