(a) If a person is charged with a violation of Section 533.03, 533.04, 533.05, 533.09 or 533.10, the arresting authorities or a court shall cause the accused to be examined by a physician to determine if the accused is suffering from a venereal disease.
If the accused is found to be suffering from a venereal disease in an infectious stage, he or she shall 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 or she is charged and is placed on probation, a condition of probation shall be that the offender submit to and faithfully follow a course of medical treatment for the venereal disease.
(b) Notwithstanding the requirements for informed consent in Ohio R.C. 3701.242, if a person is charged with a violation of Section 533.03, 533.04, 533.05, 533.09 or 533.10, 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 Ohio Director of Health under Ohio R.C. 3701.241 to determine if the accused is a carrier of a virus that causes acquired immunodeficiency syndrome. The results of the test shall be communicated in confidence to the court, and the court shall inform the victim that the test was performed and that the victim has a right to receive the results on request. If the accused tests positive for a virus that causes acquired immunodeficiency syndrome, the test results shall be reported to the Ohio Department of Health in accordance with Ohio R.C. 3701.24 and to the County 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.
Neither the fact that the accused was given a test for a virus that causes acquired immunodeficiency syndrome, nor the results of the test, shall be admitted in evidence over the objection of the accused in a prosecution for any offense listed in this section or a different offense arising out of the same circumstances as the offense charged.
(Ord. 92-43. Passed 6-30-92.)