A probation officer shall obtain confidential information from the Indiana department of health under IC 16-41-8-1 to determine whether a convicted person was an individual with the human immunodeficiency virus (HIV) when the crime was committed if the person is:

1. (1) convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or

2. (2) convicted of an offense relating to controlled substances and the offense involved:

   1. (A) the delivery by any person to another person; or

   2. (B) the use by any person on another person;

      of a contaminated sharp (as defined in IC 16-41-16-2 ) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact.

As added by P.L.123-1988, SEC.25. Amended by P.L.184-1989, SEC.24; P.L.1-1990, SEC.346; P.L.2-1992, SEC.876; P.L.2-1993, SEC.182; P.L.125-2007, SEC.4; P.L.190-2021, SEC.10; P.L.56-2023, SEC.318.