Criminal procedure: Sexually transmitted disease testing.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill expands the ability for victims of crimes, including minors, to request testing of accused individuals for sexually transmitted diseases. Specifically, it allows for a search warrant to be issued to test blood, saliva, or other bodily fluids if there’s probable cause the accused transmitted a disease to the victim. The bill also clarifies procedures for requesting and disclosing test results, and addresses confidentiality concerns while providing protections for victims.
Key provisions
- Allows for a search warrant to test an accused person’s bodily fluids for sexually transmitted diseases.
- Extends this warrant authority to include sexual acts with a child under 10 and sex with individuals in health facilities or detention facilities.
- Authorizes parents or guardians of minor victims and legal representatives to exercise the rights related to test results.
- Requires a hearing before a search warrant is issued to ensure the request is justified.
- Mandates the prosecutor to advise victims about their right to request testing and offer counseling.
- Establishes procedures for confirming test results and disclosing them to victims and accused individuals with counseling.
- Protects victims from civil liability for actions taken in compliance with the bill.
- Clarifies that test results cannot be used as evidence in criminal proceedings.
Who is affected
Bill text
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Sponsors
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1 on record
Primary sponsor
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