(a)

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Terms Used In Tennessee Code 39-13-112

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
(1) If a person is initially arrested for a violation of § 39-13-102, and if the victim of the assault suffered actual contact with the blood or other body fluid of the arrestee, then the arrestee shall undergo human immunodeficiency virus (HIV) testing immediately, upon the request of the victim. A licensed medical laboratory shall perform the test at the expense of the arrestee. The arrestee shall obtain a confirmatory test when necessary. The arrestee shall be referred to appropriate counseling.
(2) For purposes of this section, “victim of the assault” is limited to a law enforcement officer; firefighter; correctional officer; youth services officer; probation and parole officer; an employee of the department of correction or the department of children’s services; provided, that the officer or employee was performing an official duty; or an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer; provided, that such technician or worker was performing an official duty.
(b)

(1) The licensed medical laboratory shall report the results of the HIV test required under this section immediately to the victim of the assault.
(2) The result of the HIV test required under this section is not a public record and shall be available only to:

(A) The victim of the assault;
(B) The parent or guardian of a minor or incapacitated victim;
(C) The attending physician of the person tested and of the victim;
(D) The department of health;
(E) The department of correction;
(F) The person tested; and
(G) The district attorney general prosecuting the case.
(c) If the arrestee’s test indicates that the arrestee is infected with HIV, then the arrestee shall be responsible for the victim’s medical bills, laboratory bills and other expenses related to the victim’s exposure to HIV, upon a finding that the exposure was from the arrestee.
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