{"data":{"id":"us-ky/krs-510.320","jurisdiction":"us-ky","citation":"KRS 510.320","heading":"Human immunodeficiency virus testing for defendants accused of certain","body":"sexual offenses -- Results -- Counseling when test positive -- Cost -- Effect of\nappeal.\n(1) For purposes of this section, \"human immunodeficiency virus test\" means a test of\nan individual for presence of human immunodeficiency virus, or for antibodies or\nantigens that result from human immunodeficiency virus infection, or for any other\nsubstance specifically indicating human immunodeficiency virus infection.\n(2) A defendant charg ed with an offense pursuant to this chapter which has sexual\nintercourse or deviate sexual intercourse as an element, or has sexual contact as an\nelement when the circumstances of the case demonstrate a possibility of\ntransmission of human immunodeficiency virus, shall upon initial court appearance\non the charge, be informed by the judge of the availability of human\nimmunodeficiency virus testing. The judge shall also notify the victim of the\noffense, or parent or guardian of the victim, that the defendant has been so notified.\n(3) When a defendant has been convicted of any offense in subsection (2) of this\nsection, other provisions of law to the contrary notwithstanding, the sentencing\ncourt, regardless of any prior human immunodeficiency virus test, shall order the\ndefendant to undergo a human immunodeficiency virus test, under the direction of\nthe Cabinet for Health and Family Services.\n(4) (a) The result of any human immunodeficiency virus test conducted pursuant to\nthis section shall not be a public record for purposes of KRS Chapter 61.\n(b) The result of any human immunodeficiency virus test conducted pursuant to\nthis section shall only be made available by the Cabinet for Health and Family\nServices to the victim, or the parent or guardian of a victim who is a minor, an\nindividual with an intellectual disability, or mentally incapacitated, the\ndefendant, the court issuing the order for testing, and to any other agency as\ndirected pursuant to KRS Chapter 214.\n(c) The Cabinet for Health and Family Services shall immediately provide to the\nvictim the results of any human immunodeficiency virus test conducted under\nthis section.\n(d) In addition, the Cabinet for Health and Family Services shall provide to the\nDepartment of Corrections the result of any human im munodeficiency virus\ntest conducted pursuant to this section which indicates that the defendant is\ninfected with the human immunodeficiency virus. The Department of\nCorrections shall use this information solely for the purpose of providing\nmedical treatment to the defendant while incarcerated in a state penitentiary or\ncorrectional institution or county jail.\n(5) If the human immunodeficiency virus test indicates the presence of human\nimmunodeficiency virus infection, the Cabinet for Health and Family Servi ces shall\nprovide counseling to the victim and the defendant regarding human\nimmunodeficiency virus disease, and referral for appropriate health -care and\nsupport services.\n(6) The cost of testing under this section shall be paid by the defendant tested, un less\nthe court has determined the defendant to be indigent.\n(7) Filing of a notice of appeal shall not automatically stay an order that the defendant\nsubmit to a human immunodeficiency virus test.","path":["KRS Chapter 510"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40853","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:01Z","sha256":"276d4472e80091c0e79d1b3c97cc3a976139412dea5187e84462a449b087455c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-510.310","next":"us-ky/krs-511.010"},"notice":"GroundRules: Original legal text. Not legal advice."}