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 introduces 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.

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 to clarify definitions and procedures related to health care records and the handling of test results. Notably, it repeals certain existing provisions while creating new ones to ensure that the testing process is efficient and responsive to the needs of public safety personnel.

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)