Assembly Bill 417 proposes significant changes to the legal framework surrounding the emergency testing of criminal defendants for communicable diseases. The bill expands the scope of current law, which previously applied only to specific crimes involving public safety workers or prosecutors, to include any crime where there is probable cause to believe that the defendant's actions could transmit a communicable disease to a public safety worker, prosecutor, or correctional staff member. It establishes an expedited process for testing, allowing district attorneys to apply for emergency orders requiring immediate testing without the usual hearing, provided they can demonstrate that such action is necessary to prevent potential bodily harm to the affected individuals.
Additionally, the bill introduces new provisions regarding the disclosure of test results and the responsibilities of defendants found guilty of crimes that necessitate testing. It mandates that defendants must pay restitution for the costs of any ordered testing. The bill also includes various amendments and deletions to existing statutes, such as repealing certain subsections related to the testing process and renumbering others to accommodate the new legal language. Overall, Assembly Bill 417 aims to enhance the protection of public safety workers and streamline the testing process in cases involving potential exposure to communicable diseases.
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)