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 is mandatory. If the person refuses to submit to the mandatory HIV test, the court may require involuntary submission to the HIV test, and submission may be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime. If the person required by the Code section to submit to the HIV test is found to be infected with HIV, this result shall be reported to the Department of Human Resources; to the court which ordered the test, which shall make the sealed test results a part of the person's criminal record; and to the officer in charge of the penal facility where the person has been confined in order to keep the person separate from those not infected.
Carol A. Hendry,
CRIMINAL PROCEDURE Sentence and Punishment: Regulation of HIV Testing in AIDS-Transmitting Crimes,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol8/iss1/6