Legislation Related to Child Maltreatment

ACCESS BY PROSECUTORS TO MEDICAL RECORDS OF PERSONS CHARGED WITH SEX CRIMES - A VICTIM NOTIFICATION OF HEALTH RISK

(Ark. Code Ann. § 5-14-202)

 (a)(1) The prosecuting attorneys of this state, through a warrant issued by a judicial officer under Rule 13 or the Arkansas Rules of Criminal Procedure, are entitled access to the relevant medical records of any person charged with having committed a sex crime against another person, which act could have exposed the victim to a disease carried by the alleged offender.

(2)(A) An application by a prosecuting attorney for relevant medical records shall describe with particularity the person whose relevant medical records are to be obtained and shall be supported

by one (1) or more affidavits or recorded testimony before a judicial officer particularly setting forth the facts and circumstances tending to show that such a person may present a danger to the health of a victim of a crime.

(B) If the judicial officer finds that the application meets the requirements of subdivision (a)(2)(A) of this section and that, on the basis of the proceeding before the judicial officer, there is reasonable cause to believe that the relevant medical records should be disclosed, the judicial officer shall issue a warrant directing disclosure of those records to the prosecuting attorney.

 (c)(1) If, after reviewing the medical records, the prosecuting attorney determines that the victim is subject to a health risk as a result of the crime, the prosecuting attorney may convey that health risk information to the victim, and the prosecuting attorney shall not be subject to any liability for disclosing that health risk information tot he victim.

 (2)(A) The prosecuting attorney may disclose that health risk information to the victim only; or

 (B) In the event the victim is a minor or is mentally incompetent, then to the victim's parent or legal guardian only.

 (d) The prosecuting attorney shall not be subject to any liability to the victim for the failing to obtain the medical records or failing to disclose health risk information to the victim.

 (e) This subchapter does not repeal or supersede any rule of evidence or rule of criminal procedure which allow the admissibility of medical records as evidence in criminal proceedings.

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Center for Children at Risk

University of Arkansas for Medical Sciences

Department of Pediatrics

Arkansas Children's Hospital

800 Marshall St.

Little Rock, AR  72202

(501) 364-1013