Skip to Content

Informed consent not required; testing of persons formally charge for allegedly committing certain criminal offenses; responsibility to administer and pay for test-N.M. Stat. Ann. § 24-2B-5.2

Link to the law
This will open in a new window

Consent does not always have to be given to conduct an HIV test at the time of the filing of a complaint, information, or indictment regarding a sexual criminal offense. To conduct an HIV test without consent, the district attorney must petition the court, at the request of the victim, to order such a test be performed no later than 48 hours, so long as the test is first performed on the victim. Prior to issuing such an order, the court must determine there is good cause at the end of a hearing on the matter. Results of such HIV tests may only be disclosed to the victim and the offender. The Department of Health is responsible for administering and paying for the test. The prosecutor may not later use the test in the criminal proceeding arising out of the alleged sexual criminal act.

Current as of June 2015