78176818.2-62Virginia Decodedhttps://vacode.org2016Crimes And Offenses GenerallyCrimes Against The PersonCriminal Sexual AssaultTesting of certain persons for human immunodeficiency virus or hepatitis B or C viruses1990, c. 957; 1992, cc. 500, 587; 1993, c. 512; 2001, c. 862; 2005, c. 661; 2008, c. 756.http://law.lis.virginia.gov/vacode/18.2-62/18.2-361Crimes against nature; penalty/18.2-361/18.2-366Adultery and fornication by persons forbidden to marry; incest/18.2-366/18.2-370Taking indecent liberties with children; penalties/18.2-370/18.2-370.1Taking indecent liberties with child by person in custodial or supervisory relationship; penalties/18.2-370.1/32.1-36.1Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty/32.1-36.1/32.1-37.2Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions/32.1-37.2//18.2-62/18.2/4/7/18.2-6218.2-67.4:1As soon as practicable following arrest, the attorney for the Commonwealth may request, after consultation with any complaining witness, that any person charged with (i) any crime involving sexual assault pursuant to this article, (ii) any offenses against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, or (iii) any assault and battery in which the complaining witness was exposed to body fluids of the person arrested, be requested to submit to testing for infection with human immunodeficiency virus or hepatitis B or C viruses. The person so charged shall be counseled about the meaning of the test, about acquired immunodeficiency syndrome or hepatitis B or C viruses, and about the transmission and prevention of infection with human immunodeficiency virus or hepatitis B or C viruses.sectionAA1At any point following indictment, arrest by warrant, or service of a petition in the case of a juvenile, of any crime involving sexual assault pursuant to this article or any offenses against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, the attorney for the Commonwealth may request, or after consultation with a complaining witness and, upon the request of the complaining witness shall request, and the court shall order the defendant to submit to testing for infection with human immunodeficiency virus or hepatitis B or C viruses within 48 hours, and follow-up testing as may be medically appropriate. Any test conducted following indictment, arrest by warrant, or service of a petition shall be in addition to such tests as may have been conducted following arrest pursuant to subsection A.sectionBB1Confirmatory tests shall be conducted before any test result shall be determined to be positive. The results of the tests for infection with human immunodeficiency virus or hepatitis B or C viruses shall be confidential as provided in § 32.1-36.1; however, the Department of Health shall also disclose the results to any victim and offer appropriate counseling as provided by subsection B of § 32.1-37.2. The Department shall conduct surveillance and investigation in accordance with § 32.1-39.The results of such tests shall not be admissible as evidence in any criminal proceeding.The cost of such tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings.sectionCC1