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34 U.S.C. § 12392 — Payment of cost of testing for sexually transmitted diseases
Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) Limited testing of defendants**
(1) **Court order** — The victim of an offense of the type referred to in subsection (a) 11 See Codification note below. may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling.
(2) **Showing required** — To obtain an order under paragraph (1), the victim must demonstrate that—
(A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made;
(B) the test for the etiologic 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 Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim.
(3) **Follow-up testing** — The court may order follow-up tests and counseling under paragraph (1) if the initial test was negative. Such follow-up tests and counseling shall be performed at the request of the victim on dates that occur six months and twelve months following the initial test.
(4) **Termination of testin
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Source file: Laws/federal/codes/united-states-code/title-34/section-12392-payment-of-cost-of-testing-for-sexually-transmitted-diseases--a574194956.md
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Source location: Title 34, Chapter 121, § 12392; chapter-121-violent-crime-control-and-law-enforcement.md
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**(a) Omitted**
**(b) Limited testing of defendants**
(1) **Court order** — The victim of an offense of the type referred to in subsection (a) 11 See Codification note below. may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling.
(2) **Showing required** — To obtain an order under paragraph (1), the victim must demonstrate that—
(A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made;
(B) the test for the etiologic 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 Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim.
(3) **Follow-up testing** — The court may order follow-up tests and counseling under paragraph (1) if the initial test was negative. Such follow-up tests and counseling shall be performed at the request of the victim on dates that occur six months and twelve months following the initial test.
(4) **Termination of testing requirements** — An order for follow-up testing under paragraph (3) shall be terminated if the person obtains an acquittal on, or dismissal of, all charges of the type referred to in subsection (a).1
(5) **Confidentiality of test** — The results of any test ordered under this subsection shall be disclosed only to the victim or, where the 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 any 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.
(6) **Disclosure of test results** — The 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 paragraph (5). The contents of the court proceedings 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.
(7) **Contempt for disclosure** — Any person who discloses the results of a test in violation of this subsection may be held in contempt of court.
**(c) Penalties for intentional transmission of HIV** Not later than 6 months after September 13, 1994, the United States Sentencing Commission shall conduct a study and prepare and submit to the committees 22 So in original. Probably should be capitalized. on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System—
(1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including—
(A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment;
(B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment;
(C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term;
(D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and
(E) a determination under paragraphs (6) and (11) 11 See References in Text note below. of [section 3563(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3563/b&num=0&edition=prelim);
(2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in [section 3553(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3553/a/2&num=0&edition=prelim), United States Code, including the appropriate use of—
(A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18;
(B) the conditions of proba
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 994
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 103–322, title IV, § 40422, Sept. 13, 1994, 108 Stat. 1945; Pub. L. 106–386, div. B, title IV, § 1406(b)(2), Oct. 28, 2000, 114 Stat. 1516, which authorized appropriations for fiscal years 1996 and 2001 to 2005, was omitted as obsolete.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of responsible officials** The head of each department and agency of the United States engaged in the detection, investigation, or prosecution of crime shall designate by names and office titles the persons who will be responsible for identifying the victims of crime and performing the services described in subsection (c) at each stage of a criminal case.
**(b) Identification of victims** At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall—
(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on request, the services described in subsection (c); and
(3) inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the services described in subsection (c).
**(c) Description of services**
(1) A responsible official shall—
(A) inform a victim of the place where the victim may receive emergency medical and social services;
(B) inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and 11 So in original. Probably should be followed by “the”. manner in which such relief may be obtained;
(C) inform a victim of public and private programs that are available to provide counseling, treatment, and other support to the victim; and
(D) assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C).
(2) A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest o
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 20141
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in [section 7 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim), or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
**(b)**
(1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. Any limitation on the right or privilege to operate a motor vehicle imposed under this subsection shall apply only to the special maritime and territorial jurisdiction of the United States.
(2)
(A) In addition to any term of imprisonment provided for operating a motor vehicle under the influence of a drug or alcohol imposed under the law of a State, territory, possession, or district, the punishment for such an offense under this section shall include an additional term of imprisonment of not more than 1 year, or if serious bodily injury of a minor is caused, not more than 5 years, or if death of a minor is caused, no
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 13
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to—
(1) carry firearms;
(2) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of—
(A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or
(B) an Indian tribe if authorized by the Indian tribe;
(3) make an arrest without a warrant for an offense committed in Indian country if—
(A) the offense is committed in the presence of the employee,11 So in original. The comma probably should be a semicolon.
(B) the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony;
(C) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or
(D)
(i) the offense involves—
(I) a misdemeanor controlled substance offense in violation of—
(aa) the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2803
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 14016 was editorially reclassified as [section 12392 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12392&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14031
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Federal law — U.S. Code and appendices · legal_authorities
Page 363
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12392
2 So in original. Probably should be capitalized.
the defendant charged with the offense, after
notice to the defendant and an opportunity to
be heard, requiring that the defendant be test-
ed for the presence of the etiologic agent for
acquired immune deficiency syndrome, and
that the results of the test be communicated
to the victim and the defendant. Any test re-
sult of the defendant given to the victim or
the defendant must be accompanied by appro-
priate counseling.
(2) Showing required
To obtain an order under paragraph (1), the
victim must demonstrate that—
(A) the defendant has been charged with
the offense in a State or Federal court, and
if the defendant has been arrested without a
warrant, a probable cause determination has
been made;
(B) the test for the etiologic agent for ac-
quired immune deficiency syndrome is re-
quested 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 deter-
mined by the Centers for Disease Control, of
the etiologic agent for acquired immune de-
ficiency syndrome to the victim.
(3) Follow-up testing
The court may order follow-up tests and
counseling under paragraph (1) if the initial
test was negative. Such follow-up tests and
counseling shall be performed at the request of
the victim on dates that occur six months and
twelve months following the initial test.
(4) Termination of testing requirements
An order for follow-up testing under para-
graph (3) shall be terminated if the person ob-
tains an acquittal on, or dismissal of, all
charges of the
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12392
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.