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 if there is a belief that such action would prevent 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 introduces new definitions for terms such as "public safety worker," "prosecutor," and "correctional staff member," and makes various amendments to existing statutes to align with these changes. Notably, it repeals certain sections of the law while creating new ones to facilitate the updated testing procedures and ensure that test results are handled appropriately, including stipulations on confidentiality and the disclosure of 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)