{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-61.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-61.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-61.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-61.1.html"}],"law_id":78807,"edition_id":1,"section_id":78807,"structure_id":13101,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","history":"2023, cc. 680, 681.","full_text":"A\n\nAs soon as practicable following arrest, the attorney for the Commonwealth may request after consultation with a complaining witness, or shall request upon the request of the complaining witness, that any person charged with (i) any crime involving sexual assault pursuant to this article; (ii) any offense against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1; or (iii) any assault and battery, and where the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection, be requested to submit to diagnostic testing for sexually transmitted infections and any follow-up testing as may be medically appropriate. The person so charged shall be counseled about the meaning of the tests and about the transmission, treatment, and prevention of sexually transmitted infections.\n\t\t\tIf the person so charged refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing in a manner as provided by § 19.2-183, as soon as practicable, to determine whether there is probable cause that the individual has committed the crime with which he is charged and that the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court finds probable cause, the court shall order the person so charged to undergo testing for sexually transmitted infections. The court may enter such an order in the absence of the person so charged if the person so charged is represented at the hearing by counsel or a guardian ad litem. The court’s finding shall be without prejudice to either the Commonwealth or the person charged and shall not be evidence in any proceeding, civil or criminal. At any hearing before the court, the person so charged or his counsel may appear.B\n\nAt any point following indictment, arrest by warrant, or service of a petition in the case of a juvenile of any crime involving sexual assault pursuant to this article or any offenses against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, the attorney for the Commonwealth may request after consultation with a complaining witness, or shall request upon the request of the complaining witness, and the court shall order the defendant to submit to diagnostic testing for sexually transmitted infections within 48 hours and any follow-up testing as may be medically appropriate. Any test conducted following indictment, arrest by warrant, or service of a petition shall be in addition to such tests as may have been conducted following arrest pursuant to subsection A.\n\t\t\tIf the defendant refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing, in a manner as provided by § 19.2-183, to determine whether there is probable cause that the complaining witness was exposed to body fluids of the defendant in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court finds probable cause, the court shall order the accused to undergo testing for sexually transmitted infections. The court may enter such an order in the absence of the defendant if the defendant is represented at the hearing by counsel or a guardian ad litem. The court’s finding shall be without prejudice to either the Commonwealth or the defendant and shall not be evidence in any proceeding, civil or criminal. At any hearing before the court, the defendant or his counsel may appear.C\n\nAny person who is subject to a testing order may appeal the order of the general district court to the circuit court of the same jurisdiction within 10 days of receiving notice of the order. Any hearing conducted pursuant to this subsection shall be held in camera as soon as practicable. The record shall be sealed. The order of the circuit court shall be final and nonappealable.D\n\nConfirmatory tests shall be conducted before any test result shall be determined to be positive. The results of the tests shall be confidential as provided in § 32.1-127.1:03; however, the entity that performed the test shall also disclose the results to any victim and offer appropriate counseling. The Department of Health shall conduct surveillance and investigation in accordance with § 32.1-39.E\n\nThe results of such tests shall not be admissible as evidence in any criminal proceeding. No specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation. Any violation of this subsection shall constitute reversible error in any criminal case in which the specimen or results were used.F\n\nThe cost of such tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings.G\n\nAs used in this section, “sexually transmitted infections” includes chlamydia, gonorrhea, syphilis, human immunodeficiency virus, hepatitis B and C viruses, and any other sexually transmittable disease required to be reported by the Board of Health pursuant to § 32.1-35.","order_by":null,"text":{"0":{"id":282318,"text":"As soon as practicable following arrest, the attorney for the Commonwealth may request after consultation with a complaining witness, or shall request upon the request of the complaining witness, that any person charged with (i) any crime involving sexual assault pursuant to this article; (ii) any offense against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1; or (iii) any assault and battery, and where the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection, be requested to submit to diagnostic testing for sexually transmitted infections and any follow-up testing as may be medically appropriate. The person so charged shall be counseled about the meaning of the tests and about the transmission, treatment, and prevention of sexually transmitted infections.\n\t\t\tIf the person so charged refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing in a manner as provided by § 19.2-183, as soon as practicable, to determine whether there is probable cause that the individual has committed the crime with which he is charged and that the complaining witness was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court finds probable cause, the court shall order the person so charged to undergo testing for sexually transmitted infections. The court may enter such an order in the absence of the person so charged if the person so charged is represented at the hearing by counsel or a guardian ad litem. The court’s finding shall be without prejudice to either the Commonwealth or the person charged and shall not be evidence in any proceeding, civil or criminal. At any hearing before the court, the person so charged or his counsel may appear.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":282319,"text":"At any point following indictment, arrest by warrant, or service of a petition in the case of a juvenile of any crime involving sexual assault pursuant to this article or any offenses against children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, the attorney for the Commonwealth may request after consultation with a complaining witness, or shall request upon the request of the complaining witness, and the court shall order the defendant to submit to diagnostic testing for sexually transmitted infections within 48 hours and any follow-up testing as may be medically appropriate. Any test conducted following indictment, arrest by warrant, or service of a petition shall be in addition to such tests as may have been conducted following arrest pursuant to subsection A.\n\t\t\tIf the defendant refuses to submit to testing or the competency of the person to consent to testing is at issue, the court with jurisdiction of the case shall hold a hearing, in a manner as provided by § 19.2-183, to determine whether there is probable cause that the complaining witness was exposed to body fluids of the defendant in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court finds probable cause, the court shall order the accused to undergo testing for sexually transmitted infections. The court may enter such an order in the absence of the defendant if the defendant is represented at the hearing by counsel or a guardian ad litem. The court’s finding shall be without prejudice to either the Commonwealth or the defendant and shall not be evidence in any proceeding, civil or criminal. At any hearing before the court, the defendant or his counsel may appear.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":282320,"text":"Any person who is subject to a testing order may appeal the order of the general district court to the circuit court of the same jurisdiction within 10 days of receiving notice of the order. Any hearing conducted pursuant to this subsection shall be held in camera as soon as practicable. The record shall be sealed. The order of the circuit court shall be final and nonappealable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":282321,"text":"Confirmatory tests shall be conducted before any test result shall be determined to be positive. The results of the tests shall be confidential as provided in § 32.1-127.1:03; however, the entity that performed the test shall also disclose the results to any victim and offer appropriate counseling. The Department of Health shall conduct surveillance and investigation in accordance with § 32.1-39.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":282322,"text":"The results of such tests shall not be admissible as evidence in any criminal proceeding. No specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation. Any violation of this subsection shall constitute reversible error in any criminal case in which the specimen or results were used.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":282323,"text":"The cost of such tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":282324,"text":"As used in this section, “sexually transmitted infections” includes chlamydia, gonorrhea, syphilis, human immunodeficiency virus, hepatitis B and C viruses, and any other sexually transmittable disease required to be reported by the Board of Health pursuant to § 32.1-35.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13101,"edition_id":1,"name":"Criminal Sexual Assault","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":165125,"object_type":"structure","relational_id":13101,"identifier":"7","token":"18.2\/4\/7","url":"\/18.2\/4\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75662,"structure_id":13101,"section_number":"18.2-61","catch_line":"Rape","url":"\/18.2-61\/","token":"18.2\/4\/7\/18.2-61","metadata":false},{"id":78807,"structure_id":13101,"section_number":"18.2-61.1","catch_line":"Testing of certain persons for sexually transmitted infections","url":"\/18.2-61.1\/","token":"18.2\/4\/7\/18.2-61.1","metadata":false},{"id":67245,"structure_id":13101,"section_number":"18.2-62","catch_line":"Repealed","url":"\/18.2-62\/","token":"18.2\/4\/7\/18.2-62","metadata":false},{"id":76651,"structure_id":13101,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","url":"\/18.2-63\/","token":"18.2\/4\/7\/18.2-63","metadata":false},{"id":54142,"structure_id":13101,"section_number":"18.2-63.1","catch_line":"Death of victim","url":"\/18.2-63.1\/","token":"18.2\/4\/7\/18.2-63.1","metadata":false},{"id":61006,"structure_id":13101,"section_number":"18.2-64","catch_line":"Repealed","url":"\/18.2-64\/","token":"18.2\/4\/7\/18.2-64","metadata":false},{"id":67558,"structure_id":13101,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","url":"\/18.2-64.1\/","token":"18.2\/4\/7\/18.2-64.1","metadata":false},{"id":77968,"structure_id":13101,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","url":"\/18.2-64.2\/","token":"18.2\/4\/7\/18.2-64.2","metadata":false},{"id":75020,"structure_id":13101,"section_number":"18.2-65","catch_line":"Repealed","url":"\/18.2-65\/","token":"18.2\/4\/7\/18.2-65","metadata":false},{"id":86699,"structure_id":13101,"section_number":"18.2-66","catch_line":"Repealed","url":"\/18.2-66\/","token":"18.2\/4\/7\/18.2-66","metadata":false},{"id":76985,"structure_id":13101,"section_number":"18.2-67","catch_line":"Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault","url":"\/18.2-67\/","token":"18.2\/4\/7\/18.2-67","metadata":false},{"id":61201,"structure_id":13101,"section_number":"18.2-67.01","catch_line":"Not in effect","url":"\/18.2-67.01\/","token":"18.2\/4\/7\/18.2-67.01","metadata":false},{"id":73623,"structure_id":13101,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","url":"\/18.2-67.1\/","token":"18.2\/4\/7\/18.2-67.1","metadata":false},{"id":77985,"structure_id":13101,"section_number":"18.2-67.10","catch_line":"General definitions","url":"\/18.2-67.10\/","token":"18.2\/4\/7\/18.2-67.10","metadata":false},{"id":73072,"structure_id":13101,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","url":"\/18.2-67.2\/","token":"18.2\/4\/7\/18.2-67.2","metadata":false},{"id":83215,"structure_id":13101,"section_number":"18.2-67.2:1","catch_line":"Repealed","url":"\/18.2-67.2_1\/","token":"18.2\/4\/7\/18.2-67.2_1","metadata":false},{"id":85126,"structure_id":13101,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","url":"\/18.2-67.3\/","token":"18.2\/4\/7\/18.2-67.3","metadata":false},{"id":67699,"structure_id":13101,"section_number":"18.2-67.4","catch_line":"Sexual battery","url":"\/18.2-67.4\/","token":"18.2\/4\/7\/18.2-67.4","metadata":false},{"id":64369,"structure_id":13101,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","url":"\/18.2-67.4_1\/","token":"18.2\/4\/7\/18.2-67.4_1","metadata":false},{"id":70257,"structure_id":13101,"section_number":"18.2-67.4:2","catch_line":"Sexual abuse of a child under 15 years of age; penalty","url":"\/18.2-67.4_2\/","token":"18.2\/4\/7\/18.2-67.4_2","metadata":false},{"id":57731,"structure_id":13101,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","url":"\/18.2-67.5\/","token":"18.2\/4\/7\/18.2-67.5","metadata":false},{"id":73718,"structure_id":13101,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","url":"\/18.2-67.5_1\/","token":"18.2\/4\/7\/18.2-67.5_1","metadata":false},{"id":54441,"structure_id":13101,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","url":"\/18.2-67.5_2\/","token":"18.2\/4\/7\/18.2-67.5_2","metadata":false},{"id":68571,"structure_id":13101,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","url":"\/18.2-67.5_3\/","token":"18.2\/4\/7\/18.2-67.5_3","metadata":false},{"id":86022,"structure_id":13101,"section_number":"18.2-67.6","catch_line":"Proof of physical resistance not required","url":"\/18.2-67.6\/","token":"18.2\/4\/7\/18.2-67.6","metadata":false},{"id":78575,"structure_id":13101,"section_number":"18.2-67.7","catch_line":"Admission of evidence (Supreme Court Rule 2:412 derived from this section)","url":"\/18.2-67.7\/","token":"18.2\/4\/7\/18.2-67.7","metadata":false},{"id":71168,"structure_id":13101,"section_number":"18.2-67.7:1","catch_line":"Evidence of similar crimes in child sexual offense cases (Supreme Court Rule 2:413 derived from this section)","url":"\/18.2-67.7_1\/","token":"18.2\/4\/7\/18.2-67.7_1","metadata":false},{"id":71989,"structure_id":13101,"section_number":"18.2-67.8","catch_line":"Closed preliminary hearings","url":"\/18.2-67.8\/","token":"18.2\/4\/7\/18.2-67.8","metadata":false},{"id":83206,"structure_id":13101,"section_number":"18.2-67.9","catch_line":"Testimony by child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology","url":"\/18.2-67.9\/","token":"18.2\/4\/7\/18.2-67.9","metadata":false},{"id":57944,"structure_id":13101,"section_number":"18.2-67.9:1","catch_line":"Use of a certified facility dog for testimony in a criminal proceeding","url":"\/18.2-67.9_1\/","token":"18.2\/4\/7\/18.2-67.9_1","metadata":false}],"previous_section":{"id":75662,"structure_id":13101,"section_number":"18.2-61","catch_line":"Rape","url":"\/18.2-61\/","token":"18.2\/4\/7\/18.2-61","metadata":false},"next_section":{"id":67245,"structure_id":13101,"section_number":"18.2-62","catch_line":"Repealed","url":"\/18.2-62\/","token":"18.2\/4\/7\/18.2-62","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-61.1\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 680<\/a> and 681<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":76815,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","order_by":null,"url":"\/19.2-183\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":74231,"section_number":"32.1-35","catch_line":"List and reports of diseases and dangerous microbes and pathogens","order_by":null,"url":"\/32.1-35\/"}],"permalink":{"id":165131,"object_type":"law","relational_id":78807,"identifier":"18.2-61.1","token":"18.2\/4\/7\/18.2-61.1","url":"\/18.2-61.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-61.1\/","token":"18.2\/4\/7\/18.2-61.1","dublin_core":{"Title":"Testing of certain persons for sexually transmitted infections","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-61.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As soon as practicable following arrest<\/span>, the attorney for the Commonwealth may request after consultation with a complaining witness<\/span>, or shall request upon the request of the complaining witness<\/span>, that any person charged with (i) any crime<\/span> involving sexual assault<\/span> pursuant to this article; (ii) any offense<\/span> against children as prohibited by §§ 18.2-361<\/a>, 18.2-366<\/a>, 18.2-370<\/a>, and 18.2-370.1<\/a>; or (iii) any assault<\/span> and battery<\/span>, and where the complaining witness<\/span> was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection, be requested to submit to diagnostic testing for sexually transmitted infections<\/span> and any follow-up testing as may be medically appropriate. The person so charged shall be counseled about the meaning of the tests and about the transmission, treatment, and prevention of sexually transmitted infections<\/span>.\n\t\t\tIf the person so charged refuses to submit to testing or the competency of the person to consent to testing is at issue<\/span>, the court<\/span> with jurisdiction<\/span> of the case shall hold a hearing<\/span> in a manner as provided by § 19.2-183<\/a>, as soon as practicable, to determine whether there is probable cause<\/span> that the individual has committed the crime<\/span> with which he is charged and that the complaining witness<\/span> was exposed to body fluids of the person so charged in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court<\/span> finds probable cause<\/span>, the court<\/span> shall order<\/span> the person so charged to undergo testing for sexually transmitted infections<\/span>. The court<\/span> may enter such an order<\/span> in the absence of the person so charged if the person so charged is represented at the hearing<\/span> by counsel<\/span> or a guardian ad litem<\/span>. The court<\/span>’s finding<\/span> shall be without prejudice to either the Commonwealth or the person charged and shall not be evidence<\/span> in any proceeding, civil or criminal. At any hearing<\/span> before the court<\/span>, the person so charged or his counsel<\/span> may appear. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At any point following indictment<\/span>, arrest<\/span> by warrant, or service of a petition<\/span> in the case of a juvenile of any crime<\/span> involving sexual assault<\/span> pursuant to this article or any offenses<\/span> against children as prohibited by §§ 18.2-361<\/a>, 18.2-366<\/a>, 18.2-370<\/a>, and 18.2-370.1<\/a>, the attorney for the Commonwealth may request after consultation with a complaining witness<\/span>, or shall request upon the request of the complaining witness<\/span>, and the court<\/span> shall order<\/span> the defendant<\/span> to submit to diagnostic testing for sexually transmitted infections<\/span> within 48 hours and any follow-up testing as may be medically appropriate. Any test conducted following indictment<\/span>, arrest<\/span> by warrant, or service of a petition<\/span> shall be in addition to such tests as may have been conducted following arrest<\/span> pursuant to subsection A.\n\t\t\tIf the defendant<\/span> refuses to submit to testing or the competency of the person to consent to testing is at issue<\/span>, the court<\/span> with jurisdiction<\/span> of the case shall hold a hearing<\/span>, in a manner as provided by § 19.2-183<\/a>, to determine whether there is probable cause<\/span> that the complaining witness<\/span> was exposed to body fluids of the defendant<\/span> in a manner that may, according to the then-current guidelines of the Centers for Disease Control and Prevention, transmit a sexually transmitted infection. If the court<\/span> finds probable cause<\/span>, the court<\/span> shall order<\/span> the accused<\/span> to undergo testing for sexually transmitted infections<\/span>. The court<\/span> may enter such an order<\/span> in the absence of the defendant<\/span> if the defendant<\/span> is represented at the hearing<\/span> by counsel<\/span> or a guardian ad litem<\/span>. The court<\/span>’s finding<\/span> shall be without prejudice to either the Commonwealth or the defendant<\/span> and shall not be evidence<\/span> in any proceeding, civil or criminal. At any hearing<\/span> before the court<\/span>, the defendant<\/span> or his counsel<\/span> may appear. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who is subject to a testing order<\/span> may appeal<\/span> the order<\/span> of the general district court<\/span> to the circuit<\/span> court<\/span> of the same jurisdiction<\/span> within 10 days of receiving notice of the order<\/span>. Any hearing<\/span> conducted pursuant to this subsection shall be held in camera<\/span> as soon as practicable. The record shall be sealed<\/span>. The order<\/span> of the circuit<\/span> court<\/span> shall be final and nonappealable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Confirmatory tests shall be conducted before any test result shall be determined to be positive. The results of the tests shall be confidential as provided in § 32.1-127.1:03<\/a>; however, the entity that performed the test shall also disclose the results to any victim and offer appropriate counseling. The Department of Health shall conduct surveillance and investigation in accordance with § 32.1-39<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The results of such tests shall not be admissible<\/span> as evidence<\/span> in any criminal proceeding. No specimen obtained pursuant to this section shall be tested for any purpose other than for the purpose provided for in this section, nor shall the specimen or the results of any testing pursuant to this section be used for any purpose in any criminal matter or investigation. Any violation of this subsection shall constitute reversible error in any criminal case in which the specimen or results were used. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The cost of such tests shall be paid by the Commonwealth and taxed as part of the cost of such criminal proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> As used in this section, “sexually transmitted infections<\/span>” includes chlamydia, gonorrhea, syphilis, human immunodeficiency virus, hepatitis B and C viruses, and any other sexually transmittable disease required to be reported by the Board of Health pursuant to § 32.1-35<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTING OF CERTAIN PERSONS FOR SEXUALLY TRANSMITTED INFECTIONS (\u00a7 18.2-61.1)\n\nA. As soon as practicable following arrest, the attorney for the Commonwealth\nmay request after consultation with a complaining witness, or shall request upon\nthe request of the complaining witness, that any person charged with (i) any\ncrime involving sexual assault pursuant to this article; (ii) any offense\nagainst children as prohibited by §§ 18.2-361, 18.2-366, 18.2-370, and\n18.2-370.1; or (iii) any assault and battery, and where the complaining witness\nwas exposed to body fluids of the person so charged in a manner that may,\naccording to the then-current guidelines of the Centers for Disease Control and\nPrevention, transmit a sexually transmitted infection, be requested to submit to\ndiagnostic testing for sexually transmitted infections and any follow-up testing\nas may be medically appropriate. The person so charged shall be counseled about\nthe meaning of the tests and about the transmission, treatment, and prevention\nof sexually transmitted infections.\n\t\t\tIf the person so charged refuses to submit to testing or the competency of\nthe person to consent to testing is at issue, the court with jurisdiction of the\ncase shall hold a hearing in a manner as provided by § 19.2-183, as soon as\npracticable, to determine whether there is probable cause that the individual\nhas committed the crime with which he is charged and that the complaining\nwitness was exposed to body fluids of the person so charged in a manner that\nmay, according to the then-current guidelines of the Centers for Disease Control\nand Prevention, transmit a sexually transmitted infection. If the court finds\nprobable cause, the court shall order the person so charged to undergo testing\nfor sexually transmitted infections. The court may enter such an order in the\nabsence of the person so charged if the person so charged is represented at the\nhearing by counsel or a guardian ad litem. The court’s finding shall be\nwithout prejudice to either the Commonwealth or the person charged and shall not\nbe evidence in any proceeding, civil or criminal. At any hearing before the\ncourt, the person so charged or his counsel may appear.\n\nB. At any point following indictment, arrest by warrant, or service of a\npetition in the case of a juvenile of any crime involving sexual assault\npursuant to this article or any offenses against children as prohibited by\n§§ 18.2-361, 18.2-366, 18.2-370, and 18.2-370.1, the attorney for the\nCommonwealth may request after consultation with a complaining witness, or shall\nrequest upon the request of the complaining witness, and the court shall order\nthe defendant to submit to diagnostic testing for sexually transmitted\ninfections within 48 hours and any follow-up testing as may be medically\nappropriate. Any test conducted following indictment, arrest by warrant, or\nservice of a petition shall be in addition to such tests as may have been\nconducted following arrest pursuant to subsection A.\n\t\t\tIf the defendant refuses to submit to testing or the competency of the person\nto consent to testing is at issue, the court with jurisdiction of the case shall\nhold a hearing, in a manner as provided by § 19.2-183, to determine whether\nthere is probable cause that the complaining witness was exposed to body fluids\nof the defendant in a manner that may, according to the then-current guidelines\nof the Centers for Disease Control and Prevention, transmit a sexually\ntransmitted infection. If the court finds probable cause, the court shall order\nthe accused to undergo testing for sexually transmitted infections. The court\nmay enter such an order in the absence of the defendant if the defendant is\nrepresented at the hearing by counsel or a guardian ad litem. The court’s\nfinding shall be without prejudice to either the Commonwealth or the defendant\nand shall not be evidence in any proceeding, civil or criminal. At any hearing\nbefore the court, the defendant or his counsel may appear.\n\nC. Any person who is subject to a testing order may appeal the order of the\ngeneral district court to the circuit court of the same jurisdiction within 10\ndays of receiving notice of the order. Any hearing conducted pursuant to this\nsubsection shall be held in camera as soon as practicable. The record shall be\nsealed. The order of the circuit court shall be final and nonappealable.\n\nD. Confirmatory tests shall be conducted before any test result shall be\ndetermined to be positive. The results of the tests shall be confidential as\nprovided in § 32.1-127.1:03; however, the entity that performed the test\nshall also disclose the results to any victim and offer appropriate counseling.\nThe Department of Health shall conduct surveillance and investigation in\naccordance with § 32.1-39.\n\nE. The results of such tests shall not be admissible as evidence in any criminal\nproceeding. No specimen obtained pursuant to this section shall be tested for\nany purpose other than for the purpose provided for in this section, nor shall\nthe specimen or the results of any testing pursuant to this section be used for\nany purpose in any criminal matter or investigation. Any violation of this\nsubsection shall constitute reversible error in any criminal case in which the\nspecimen or results were used.\n\nF. The cost of such tests shall be paid by the Commonwealth and taxed as part of\nthe cost of such criminal proceedings.\n\nG. As used in this section, “sexually transmitted infections”\nincludes chlamydia, gonorrhea, syphilis, human immunodeficiency virus, hepatitis\nB and C viruses, and any other sexually transmittable disease required to be\nreported by the Board of Health pursuant to § 32.1-35.\n\nHISTORY: 2023, cc. 680, 681.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}