AB 2801

Bill Subjects

Abstract

Existing law authorizes the court, when a defendant or minor has been charged with a specified sexual offense, under certain circumstances and at the request of the victim, to issue a search warrant for the purpose of testing the accused's blood or saliva with any HIV test. This bill would expand the testing that a court may order of the accused to include testing of additional bodily fluids for any sexually transmitted disease. The bill would also enable a parent or guardian, if the victim is a minor, or an authorized representative of the victim to exercise the victim's rights regarding sexually transmitted disease testing. The bill would also make conforming changes. Because local health officers are required to disclose test results and this bill would increase testing, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.