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, involving the defendant's bodily substances. It introduces an expedited process for testing, allowing district attorneys to apply for emergency orders requiring immediate testing without the usual hearing, provided that such action is necessary to prevent potential bodily harm to the affected individuals.
Additionally, the bill includes provisions for restitution, mandating that defendants found guilty of crimes requiring testing must cover the costs of the tests ordered. It also amends various sections of existing statutes, including the definitions of relevant terms and the procedures for disclosing test results. Notably, it repeals certain existing provisions related to testing and creates new ones to streamline the process and ensure that the health care professionals involved maintain confidentiality regarding the test results.
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)