Court-Ordered HIV Testing of Defendants

As of November 1, 2007, New York State Criminal Procedure Law Section 210.16 will require testing of criminal defendants, indicted for certain sex offenses, for human immunodeficiency virus (HIV), upon the request of the victim/survivor.

This law also amends New York State Public Health Law (subdivision 1 of section 2805-i) by adding a new paragraph that specifies that health care facilities providing treatment to victims/survivors of a sexual offense must:

1. offer and make available "appropriate HIV post-exposure treatment therapies in cases where it has been determined, in accordance with guidelines issued by the commissioner, that a significant exposure to HIV has occurred," and
2. inform the victim/survivor that "payment assistance for such therapies may be available from the New York State Crime Victims Board pursuant to the provisions of article twenty-two of the executive law."

The New York State Department of Health has been requested to provide guidance for the following scenarios.

1. The court must order HIV-related testing of the defendant when the result would provide medical or psychological benefit to the victim/survivor.
* Medical and Psychological Benefit Guidance for Defendant Testing, NYS DOH AIDS Institute, (10/07) can be found at
* This guidance also addresses what type of test should be ordered and whether follow-up testing would be medically appropriate.
2. The court should designate a county public health officer to conduct the test.
* For test site locations:

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