BILL ANALYSIS
AB 2635
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Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2635 (Portantino) - As Amended: April 5, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill adds a nonsworn law enforcement employee whose job
description includes collecting fingerprints to the list of
persons (peace officers, firefighters, and emergency medical
personnel) who may seek to have an arrestee's blood tested,
either voluntarily or by court order, for HIV or Hepatitis B or
C, when exposed to an arrestee's bodily fluids during the course
of duty.
FISCAL EFFECT
Likely negligible state court costs/savings to the extent this
bill results in additional/fewer hearings for county detention
personnel forced to pursue a court hearing to obtain an
arrestee's blood sample in the wake of a bodily fluid exposure.
COMMENTS
1)Rationale . Current law specifies that peace officers,
firefighters, or emergency medical personnel, who, in the
scope of duty, are exposed to an arrestee's blood or bodily
fluids, may, prior to filing a petition with the court, have a
licensed health care provider notify the arrestee of the
exposure and attempt to obtain consent of the arrestee to
perform a test for HIV, or hepatitis B nor C. If consent is
not provided, the official may petition the court for an order
requiring testing, as specified. If the court finds probable
cause indicates a potential exposure occurred, the court shall
order the arrestee to provide blood for testing, as specified.
AB 2635
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Because current law does not cover law enforcement agency
employees who collect fingerprints, and may therefore be
placed in harm's way, the author and the sponsor of this
measure - AFSCME - wish to expand the statute to do so.
2)Is this bill necessary ? Though the sponsor cannot identify a
situation in which a nonsworn employee who collects
fingerprints was unable to obtain a necessary blood test
following an exposure incident involving an arrestee, or
forced to pursue a court-ordered solution, expanding the
statute to include these employees appears consistent with
legislative intent.
3)Prior legislation , AB 169 (Portantino), Statutes of 2009,
added custodial officers, custody assistants, and non-sworn
uniformed employees of a law enforcement agency, to the list
of persons who may seek to have an arrestee's blood tested.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081