35 Pa. Stat. § 7620.303

Current through Pa Acts 2024-35, 2024-56
Section 7620.303 - Transfer of child defendant to criminal court
(a) General rule.--In the case of a minor who is transferred to criminal court pursuant to Pa.R.J.C.P. No.394 (relating to transfer hearing), the attorney for the Commonwealth shall, upon request of the victim and with notice to the defendant, make application to the court for HIV-related testing of the defendant.
(b)Timing.--In the case of the Commonwealth proceeding under subsection (a):
(1) In the First Judicial District, the HIV-related test shall be administered no later than 48 hours after the filing of the bill of information.
(2)In judicial districts other than the First Judicial District, the HIV-related test shall be administered no later than 48 hours after the filing of the criminal information.
(c) Alternative.--In the event the victim fails to request HIV-related testing of the defendant as set forth in subsection (a), the victim may request that HIV-related testing be performed on the defendant at any point after the time period set forth in subsection (b) expires until six weeks after the date of conviction. In such an event, the attorney for the Commonwealth shall make application to the court, at the request of the victim, with notice to the defendant, for HIV-related testing of the defendant.

35 P.S. § 7620.303

Added by P.L. 2630 2012 No. 201, § 303, eff. 12/24/2012.