City of Royal Oak, MI Chapter 403 Immunodeficiency Virus Testing

[HISTORY: Adopted by the City Commission of the City of Royal Oak 1-7-2008 by Ord. No. 2008-01. Amendments noted where applicable.]

§ 403-1 Title.

This chapter shall be known and may be cited as the "Immunodeficiency Virus (HIV) Testing Ordinance."

§ 403-2 Purpose.

This is a chapter to require a defendant, upon the request of the victim of a crime in which the defendant is alleged to have, by force or threat of force, compelled the victim to engage in sexual activity to be tested for the immunodeficiency virus (HIV) no later than 48 hours after the date on which the information or indictment is presented; to require the victim, or parent or guardian of the victim, and the defendant to be notified of the results of the testing as soon as practicable; to require follow-up testing of the defendant for HIV as may be medically appropriate; and to require the victim, or parent or guardian of the victim, and the defendant to be notified of the results of the follow-up testing as soon as practicable.

§ 403-3 Testing required.

At the request of a victim of a crime in which the defendant is alleged to have, by force or threat of force, compelled the victim to engage in sexual activity, a court shall require the following:

A. The defendant shall be tested for the immunodeficiency virus (HIV) no later than 48 hours after the date on which the information or indictment is presented;

B. The victim, or parent or guardian of the victim, and the defendant shall be notified of the results of the testing as soon as practicable;

C. The defendant shall be required to undergo follow-up testing for HIV as may be medically appropriate; and

D. The victim, or parent or guardian of the victim, and the defendant shall be notified of the results of the follow-up testing as soon as practicable.