California AB 229

Existing law authorizes a court to issue a search warrant, at the request of a victim and in specified circumstances, to test the accused's blood or oral mucosal transudate saliva with an HIV test for the primary purpose of informing the victim whether the defendant is infected with the HIV virus. Existing law authorizes a victim to disclose test results received as the victim deems necessary to protect the victim's health and safety or to protect the health and safety of the victim's family or sexual partner. Improper disclosure of test results is a crime. This bill would authorize a search warrant to require testing a defendant for any sexually transmitted disease. The bill would also authorize the parent or guardian of a minor victim or the legal representative of a victim to exercise any of the rights conferred by these provisions, including receiving and disclosing test results. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law, when the defendant has been charged with a specified sex crime, authorizes the court to issue a search warrant for testing when requested by a victim of an uncharged sex offense. This bill would add engaging in sexual acts with a child under 10 years of age and sex with a person confined to a health facility or detention facility to the crimes to which this provision applies. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.