Indiana Code Title 35. Criminal Law and Procedure § 35-38-1-9.5

Sec. 9.5 . A probation officer shall obtain confidential information from the state department of health under IC 16-41-8-1 to determine whether a convicted person was a carrier of the human immunodeficiency virus (HIV) when the crime was committed if the person is:

(1) convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV);  or

(2) convicted of an offense relating to controlled substances and the offense involved:

(A) the delivery by any person to another person;  or

(B) the use by any person on another person;

of a contaminated sharp (as defined in IC 16-41-16-2 ) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact.


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