AR HB2056

Defendants charged with rape (§ 5-14-103), sexual assault in the first degree (§ 5-14-124), or sexual assault in the second degree (§ 5-14-125) must submit to HIV testing within 48 hours after criminal information or indictment is filed.

HIV testing shall be conducted at a location designated by the county sheriff in the county where the criminal information or indictment is filed.

Prosecuting attorneys must be notified of HIV test results, receive a copy of the results, and notify the victim (or victim's parent/guardian if minor), the victim's parents or guardian, and the defendant of results as soon as practicable.

Subsequent HIV tests may be ordered by the circuit court as medically appropriate.

Prosecuting attorneys have immunity from liability for obtaining medical records, disclosing health risk information to victims, or failing to obtain records or disclose information.