Page:United States Statutes at Large Volume 108 Part 3.djvu/195

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1947 (5) CONFIDENTIALITY OF TEST. — The results of any test ordered under this subsection shall be disclosed only to the victim or, where the court deems appropriate, to the parent or legal guardian of the victim, and to the person tested. The victim may disclose the test results only to any medical professional, counselor, family member or sexual partnerCs) the victim may have had since the attack. Any such individual to whom the test results are disclosed by the victim shall maintain the confidentiality of such information. (6) DISCLOSURE OF TEST RESULTS.— The court shall issue an order to prohibit the disclosure by the victim of the results of any test performed under this subsection to anyone other than those mentioned in paragraph (5). The contents of the court proceedings and test results pursuant to this section shall be sealed. The results of such test performed on the defendant under this section shall not be used as evidence in any criminal trial. (7) CONTEMPT FOR DISCLOSURE. — Any person who discloses the results of a test in violation of this subsection may be held in contempt of court. (c) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV.— Not Reports, later than 6 months after the date of enactment of this Act, the United States Sentencing Commission shall conduct a study and grepare and submit to the committees on the Judiciary of the enate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends, through such sexual activity, to expose another to HIV. SEC. 40604. EXTENSION AND STRENGTHENING OF RESTITUTION. Section 3663(b) of title 18, United States Code, is amended— (1) in paragraph (2) by inserting "including an offense under chapter 109A or chapter 110" after "an offense resulting in bodilv injury to a victim"; (2) by striking "and" at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the rollowing new paragraph: "(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and". SEC. 40606. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF FEDERAL BENEFITS. Section 3663 of title 18, United States Code, is amended by adding at the end the following new subsection: "(i)(l) A Federal agency shall immediately suspend all Federal benefits provided by the agency to the defendant, and shall terminate the defendant's eligibility for Federal benefits administered by that agency, upon receipt of a certified copy of a written judicial finding that the defendant is delinquent in making restitution in accordance with any schedule of payments or any requirement of immediate payment imposed under this section. "(2) Any written finding of delinquency described in paragraph (1) shall be made by a court, after a hearing, upon motion of