Senate Bill 419 proposes significant changes to the legal framework surrounding the testing of criminal defendants for communicable diseases. The bill expands the scope of testing to apply to any crime where there is probable cause to believe that the act could transmit a communicable disease to public safety workers, prosecutors, or correctional staff, rather than being limited to specific offenses. It introduces an expedited process for testing, allowing district attorneys to apply for emergency orders requiring immediate testing of defendants, even before criminal proceedings have commenced, if there is a belief that delaying the test could result in bodily harm to the affected individuals.
Additionally, the bill includes provisions for the payment of testing costs as restitution by defendants found guilty of crimes that necessitated testing. It also amends various sections of existing law to reflect these changes, including the renumbering of certain definitions and the repeal of outdated provisions. Notably, it creates new definitions for terms such as "public safety worker," "prosecutor," and "correctional staff member," and establishes clear guidelines for the disclosure of test results to relevant parties. Overall, the bill aims to enhance the protection of public safety personnel by ensuring timely testing for communicable diseases in the context of criminal acts.
Statutes affected: Bill Text: 146.81(4), 146.81, 252.11(5m), 252.11, 252.15(2m)(b)3, 252.15, 252.15(3m)(d)14, 252.15(4)(c), 901.05(3), 901.05, 968.38(2m)(intro.), 968.38, 968.38(2m)(a), 968.38(2m)(b), 968.38(5)(intro.), 968.38(5)(a), 968.38(5)(b), 968.38(5)(c)