BILL NUMBER: AB 2737	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Feuer

                        FEBRUARY 22, 2008

   An act to amend Section 121060 of the Health and Safety Code,
relating to communicable disease.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2737, as introduced, Feuer. Communicable disease: involuntary
testing.
   Existing law authorizes a court to order the withdrawal of blood
from any person charged in any criminal complaint filed with a
magistrate or court and any minor with respect to whom a petition has
been filed in juvenile court, in which it is alleged that the
defendant or minor interfered with the official duties of a peace
officer, firefighter, or emergency medical personnel by biting,
scratching, spitting, or transferring blood or other bodily fluids
on, upon, or through the skin or membranes of a peace officer,
firefighter, or emergency medical personnel for medically accepted
indications of exposure to or infection by the acquired immune
deficiency syndrome (AIDS) virus, AIDS-related conditions, and those
communicable diseases for which medically approved testing is readily
and economically available as determined by the court.
   Existing law requires copies of the test results to be sent to the
defendant or minor, among other specified persons. Existing law
authorizes the peace officer, firefighter, emergency medical
personnel or the employing agency, officer, or entity to petition the
court for this order.
   This bill would, instead, authorize a court to order the
withdrawal of blood for the above-described purposes from any
arrestee whenever the blood or other bodily fluids of this person
comes into contact with the skin or membranes of a peace officer,
firefighter, or emergency medical personnel while the peace officer,
firefighter, or emergency medical personnel is acting within the
scope of his or her duties. The bill would also authorize the
petition to be filed ex parte. By expanding the duties of local
officials, this bill would impose a state-mandated local program.
   This bill would require the person whose sample was tested to be
advised that he or she will be informed of the HIV test results only
if he or she wishes to be so informed.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 121060 of the Health and Safety Code is amended
to read:
   121060.   (a)    Any  person charged in
any criminal complaint filed with a magistrate or court and any minor
with respect to whom a petition has been filed in juvenile court, in
which it is alleged in whole or in part that the defendant or minor
interfered with the official duties of a peace officer, firefighter,
or emergency medical personnel by biting, scratching, spitting, or
transferring blood or other bodily fluids on, upon, or through the
skin or membranes of a peace officer, firefighter, or emergency
medical personnel shall in addition to any penalties provided by law
be subject to an order of a court having jurisdiction of the
complaint or petition requiring testing as provided in this chapter.

    The  peace officer, firefighter,  or 
emergency medical personnel  or the employing agency,
officer, or entity   who, while acting within the scope
of his or her duties, comes into contact, through his or her skin or
membranes, with an arrestee's blood or other bodily fluids  may
petition  , ex parte,  the court for an order 
authorized under this section   requiring testing as
provided in this chapter  . 
    The 
    (b)     The  court shall promptly
conduct a hearing upon  any such   a 
petition  filed pursuant to subdivision (a)  . If the court
finds that probable cause exists to believe that a possible transfer
of blood, saliva, semen, or other bodily fluid took place between the
 defendant or minor   arrestee  and the
peace officer, firefighter, or emergency medical personnel, as
specified in this section, the court shall order that the 
defendant or minor   arrestee  provide two
specimens of blood for testing as provided in this chapter. 
    Copies 
    (d)     (1)     Except as
provided in paragraph (2), copies  of the test results shall be
sent to the  defendant or minor   arrestee
 , each peace officer, firefighter, and emergency medical
personnel named in the petition and his or her employing agency,
officer, or entity, and if the  defendant or minor 
 arrestee  is incarcerated or detained, to the officer in
charge and the chief medical officer of the facility where the person
is incarcerated or detained. 
   (2) The person whose sample was tested, shall be advised that he
or she will be informed of the HIV test results only if he or she
wishes to be so informed. If the person declines to be informed of
the HIV test results, then he or she shall sign a form documenting
that refusal. The person's refusal to sign that form shall be
construed to be a request to be informed of the HIV test results.

  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.