Tennessee Criminal Lawyer Blog

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. Thus, a private citizen who is the victim of an aggravated assault in Tennessee may not request an HIV test of the arrestee.

The results of these HIV tests do not become a part of the public record. Instead, they are available only to a limited class of persons. Those who are entitled to access to the results are: (1) the victim of the assault, (2) the parent of guardian of a minor or incapacitated victim, (3) the attending physician of the person tested and of the victim, (4) the department of health, (5) the department of corrections, (6) the person tested, and (7) the district attorney general prosecuting the case.

If the HIV test indicates that the arrestee is in fact infect with HIV, the arrestee will be responsible for the victim’s medical bills, laboratory bills, and other expenses related to the victim’s exposure to HIV. This is, of course, conditional upon a finding that the victim’s exposure to HIV was from the arrestee, and not from another third party.

The skilled Pigeon Forge assault defense lawyers at Baker Associates are available to answer any questions you may have regarding HIV tests and assault. Our attorneys have the knowledge and experience to effectively represent you and provide you with information you need to help you through this difficult time. Call 866-853-2888 for a free consultation.