Senate Bill 419 proposes significant changes to the legal framework surrounding the testing of criminal defendants for communicable diseases. The bill expands the circumstances under which a district attorney can request testing, allowing it to apply to any crime where there is probable cause to believe that the act could transmit a communicable disease to a public safety worker, prosecutor, or correctional staff member. It introduces an expedited process for testing, enabling the district attorney to seek an emergency order for testing without the usual hearing if there is a belief that such action will prevent bodily harm to the aforementioned individuals. Additionally, the bill mandates that defendants found guilty of crimes requiring testing must pay restitution for the costs associated with the testing.
The bill also includes various amendments and deletions to existing statutes, such as repealing certain provisions related to the testing process and renumbering sections for clarity. New definitions are introduced for terms like "correctional staff member," "prosecutor," and "public safety worker," which are essential for the application of the law. The bill emphasizes the importance of timely testing and the protection of public safety personnel from potential health risks associated with communicable diseases, while also ensuring that test results are handled with confidentiality and are not included in the defendant's permanent medical record.
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)