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Tennessee HIV Testing of Assault Arrestees

By Baker Associates

Under Tennessee law, TCA § 39-13-112, persons who are initially arrested for a violation of TCA § 39-13-102 (aggravated assault), and whose victims came into actual contact with their blood or other bodily fluids, must undergo testing for HIV immediately upon request of the victim of the assault. The HIV test shall be performed by a licensed medical laboratory, with the expenses of the test going to the arrestee. Once the results of the test are available, they are to immediately be reported to the victim of the assault. Interestingly, under this section, ?victim of the assault? includes only persons who are working for the government within the performance of their official duty. Police officers, firefighters, correctional officers, EMTs, paramedics, and other civil service employees are covered, but the public at large is not covered...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on April 17, 2009 (boomark / email).