[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a)
Victims of sexual assault or abuse.
(1)
A victim of sexual assault or abuse may request Grand Traverse Band
Tribal Court to order HIV/AIDS testing of the person who has allegedly
committed the offense of sexual assault or abuse, providing the victim
can demonstrate the following:
(A)
The defendant has been charged with the offense in Grand Traverse
Band Tribal Court, and, if the defendant has been arrested without
a warrant, a probable cause determination has been made;
(B)
The test for the causing agent for acquired immune deficiency
syndrome is requested by the victim after appropriate counseling;
and
(C)
The test would provide information necessary for the health
of the victim of the alleged offense and the court determines that
the alleged conduct of the defendant created a risk of transmission,
as determined by the Center for Disease Control, of the causing agent
for acquired immune deficiency syndrome to the victim.
(2)
If the test is ordered by Grand Traverse Band Tribal Court, the defendant
will be tested not more than 48 hours from the incident or time of
indictment.
(3)
The defendant will be given appropriate referrals for testing and
will be responsible for any costs incurred by the testing.
(4)
The test results will be provided to the victim and the defendant.
(d)
Confidentiality of Test: The results of any test ordered by the Grand
Traverse Band Tribal Court shall be disclosed only to the victim or,
where the Grand Traverse Band Tribal Court deems appropriate, to the
parent or legal guardian of the victim, and to the person tested.
The victim may disclose the test results only to a medical professional,
counselor, family member or sexual partner(s) the victim may have
had since the attack. Any such individual to whom the test results
are disclosed by the victim shall maintain the confidentiality of
such information.
(e)
Disclosure The Grand Traverse Band Tribal Court shall issue an order to prohibit the disclosure by the victim of the results of any test performed under this subsection to anyone other than those mentioned in Subsection (d). The contents of the Grand Traverse Band Tribal Court proceeding and test results pursuant to this section shall be sealed. The results of such test performed on the defendant under this section shall not be used as evidence in any criminal trial.
(f)
Contempt for disclosure. Any person who discloses the results of
a test in violation of this subsection may be held in contempt of
court.
(g)
Non-Native Defendant. If the defendant is non-native the charging
decision will be made by the state or federal authorities for investigation,
and all state or federal laws regarding HIV/AIDS testing will apply.
