Maryland Code, CRIMINAL PROCEDURE 11-113
Terms Used In Maryland Code, CRIMINAL PROCEDURE 11-113
- assault: means assault in any degree unless a specific degree of assault is specified. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: means a county of the State or Baltimore City. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) On receipt of a court order for testing issued under § 11-110(3) or § 11-112 of this subtitle, the local health officer or the local health officer’s designee from any other governmental unit shall:
(i) collect the blood sample within 7 days from the person who is charged with, convicted of, or found to have committed a prohibited exposure;
(ii) test the blood sample; and
(iii) if the test is conducted for the presence of HIV, give pretest and posttest counseling to the victim or victim’s representative and the person subject to testing in accordance with Title 18, Subtitle 3, Part VI of the Health – General Article.
(b) (1) After receiving the results of a test conducted under subsection (a) of this section, the local health officer shall promptly send notice of the test results to:
(i) the victim or victim’s representative; and
(ii) the person charged with, convicted of, or found to have committed a prohibited exposure.
(2) The local health officer may not disclose positive test results to a victim or victim’s representative or a person charged with, convicted of, or found to have committed a prohibited exposure without also giving, offering, or arranging for appropriate counseling to:
(i) the victim or victim’s representative; and
(ii) the person.
(c) The following shall notify a victim of prohibited exposure or the victim’s representative of the provisions of Part II of this subtitle:
(1) a sexual assault crisis program established under § 11-923 of this title when a victim or victim’s representative contacts the program;
(2) an intake officer who receives a complaint for the alleged prohibited exposure under § 3-8A-10 of the Courts Article; or
(3) on the filing of a charging document or delinquency petition for the alleged prohibited exposure:
(i) the Department of State Police;
(ii) the Police Department of Baltimore City;
(iii) the police unit of a county;
(iv) the police unit of a municipal corporation;
(v) the office of the sheriff of a county;
(vi) the office of the State’s Attorney of a county;
(vii) the Office of the Attorney General;
(viii) the Office of the State Prosecutor;
(ix) the Department of Juvenile Services; or
(x) the police unit of a bicounty unit or the University System of Maryland.