GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2007-403

HOUSE BILL 118

 

 

AN ACT to provide that a person charged with a sex offense who is ordered to be tested for a sexually transmitted infection must be tested within forty-eight hours of the court order and to provide that Hiv testing under these provisions will use the HIV-RNA Detection test for determining Hiv infection.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 15A-615(b) reads as rewritten:

"(b)      Upon a request under subsection (a) of this section, the district attorney shall petition the court on behalf of the victim for an order requiring the defendant to be tested. Upon finding that there is probable cause to believe that the alleged sexual contact involved in the offense would pose a significant risk of transmission of a sexually transmitted infection listed in subsection (a) of this section, the court shall order the defendant to submit to testing for these infections. A defendant ordered to be tested under this section shall be tested not later than 48 hours after the date of the court order. A test for HIV ordered pursuant to this section shall use the HIV-RNA Detection Test for determining HIV infection."

SECTION 2.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 24th day of July, 2007.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 3:17 a.m. this 21st day of August, 2007