(a) (1) If a person is charged with a violation of Ohio R.C. 2907.02 Rape, Ohio R.C. 2907.03 Sexual Battery or Section 533.04 Sexual Imposition, Section 533.09 Soliciting or Section 533.10 Prostitution of the Codified Ordinances, the arresting authorities may cause the accused to be examined by a physician to determine if the accused is suffering from a sexually transmitted disease.
(2) If the accused is found to be suffering from a sexually transmitted disease in an infectious stage, he may be required to submit to medical treatment for that disease. If the accused is convicted of or pleads guilty to the offense with which he is charged and is placed on probation, a condition of probation may be that the offender submit to and faithfully follow a course of medical treatment for the sexually transmitted disease.
(b) Notwithstanding the requirements for informed consent in Ohio R.C. 3701.242, if a person is charged with a violation of Ohio R.C. 2907.02 Rape, Ohio R.C. 2907.03 Sexual Battery or Ohio R.C. 2907.04 Corruption of a Minor or Section 533.04, Sexual Imposition, of the Codified Ordinances, the Court shall cause the accused to be examined by a physician who shall perform or order the performance of one or more tests designated by the Director of Health under Ohio R.C. 3701.241 to determine if the accused is a carrier of that Human Immunodeficiency Virus that causes Acquired Immune Deficiency Syndrome. The results of the test shall be communicated in confidence to the Court, and the Court shall inform the accused of the result. The Court shall inform the victim that the test was performed and that the victim has a right to receive the results upon request. If the accused tests positive for a virus that causes Acquired Immunodeficiency Syndrome, the test results shall be reported to the Department of Health in accordance with Ohio R.C. 3701.24 and to the sheriff, head of the State Penal or Reformatory Institution, or other person in charge of any jail or prison in which the accused is incarcerated. No other disclosure of the test results or the fact that a test was performed shall be made. If the test result is negative and the charge has not been dismissed or if the accused has been convicted of the charge or a different offense arising out of the same circumstances as the offense charged, the Court shall order that the test be repeated not earlier than three months nor later than six months after the original test.
The fact that the accused was given a test for the Human Immune Deficiency Virus that causes Acquired Immune Deficiency Syndrome or the results of the test shall not be admitted in evidence over the objection of the accused, in a prosecution for any offense listed in this division or a different offense arising out of the same circumstances as the offense charged.
(c) Any cost incurred by a hospital or other emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of Ohio R.C. 2907.02 Rape, Ohio R.C. 2907.03 Sexual Battery or Section 533.09 Soliciting or 533.10 Prostitution shall be charged to and paid by the accused, unless the Court determines that the accused is unable to pay, in which case it shall be charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the County, if allegedly committed within an unicorporated area. If separate counts of an alleged offense or alleged separate offenses under Ohio R.C. 2907.02 and 2907.03 and Sections 533.04, 533.09 or 533.10 of the Codified Ordinances took place in more than one municipal corporation or more than one unincorporated area, or both, the local governments shall share the cost of the examination and test.
(Ord. 10405/92. Passed 7-8-92.)