A. A test designed to identify any sexually transmitted infection may be performed on an offender convicted pursuant to state law of any criminal offense:

(1) involving contact between the penis and the vulva;

(2) involving contact between the penis and anus;

(3) involving contact between the mouth and penis;

(4) involving contact between the mouth and vulva;

(5) involving contact between the mouth and anus; or

(6) when the court determines from the facts of the case that there was a transmission or likelihood of transmission of bodily fluids from the offender to the victim of the criminal offense.

B. When consent to perform a test on an offender cannot be obtained, the victim of a criminal offense described in Subsection A of this section may petition the court to order that a test be performed on the offender. When the victim of the criminal offense is a minor or incompetent, the parent or legal guardian of the victim may petition the court to order that a test be performed on the offender. The court shall order and the test shall be administered to the offender within ten days after the petition is filed by the victim or the victim's parent or guardian. Except for disclosures made pursuant to Section 24-1-7 NMSA 1978, the results of the test shall be disclosed only to the offender and to the victim or the victim's parent or legal guardian.

History: 1978 Comp., § 24-1-9.1, enacted by Laws 1993, ch. 341, § 4; 2017, ch. 87, § 10.

The 2017 amendment, effective June, 16, 2017, provided an exception to the disclosure provision; in the catchline, deleted "diseases" and added "infections"; in Subsection A, in the introductory clause, after "transmitted", deleted "disease" and added "infection"; and in Subsection B, after "offense is a minor or", deleted "an", after "filed by the victim", deleted "his" and added "or the victim's", and added "Except for disclosures made pursuant to Section 24-1-7 NMSA 1978".

Law reviews. — For note, "Tort Law Turning Blood Into Whine: 'Fear of AIDS' as a Cognizable Cause of Action in New Mexico Madrid v. Lincoln County Medical Center," see 28 N.M.L. Rev. 165 (1998).