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 Bill Text - AB-229 Criminal procedure: Sexually transmitted disease testing.

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 |Add To My Favorites |Track Bill | Version: 02/24/25 - Amended Assembly
 01/13/25 - Introduced

 AB-229 Criminal procedure: Sexually transmitted disease testing.(2025-2026)

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 Date Published: 02/24/2025 09:00 PM

AB229:v98#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 February 24, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 229

Introduced by Assembly Member Davies

January 13, 2025

An act to amend Section 1524.1 of the Penal Code, relating to criminal procedure. 

LEGISLATIVE COUNSEL'S DIGEST

AB 229, as amended, Davies.
 Criminal procedure: Sexually transmitted disease testing.

Existing law authorizes a court to issue a search warrant, at the request of a victim and in specified circumstances, to test the accused’s blood or oral mucosal transudate saliva with an HIV test for the primary purpose of informing the victim whether the defendant is infected with the HIV virus. Existing law authorizes a victim to disclose test results received as the victim deems necessary to protect the victim’s health and safety or to protect the health and safety of the victim’s family or sexual partner. Improper disclosure of test results is a crime.

This bill would authorize a search warrant to require testing a defendant for any sexually transmitted disease. The bill would also authorize the parent or guardian of a minor victim or the legal representative of a victim to exercise any of the rights conferred by these provisions,
 including receiving and disclosing test results. By expanding the definition of a crime, this bill would impose a state-mandated local program.

Existing law, when the defendant has been charged with a specified sex crime, authorizes the court to issue a search warrant for testing when requested by a victim of an uncharged sex offense.

This bill would add engaging in sexual acts with a child under 10 years of age and sex with a person confined to a health facility or detention facility to the crimes to which this provision applies.

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 no reimbursement is required by this act for a specified
 reason.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1524.1 of the Penal Code is amended to read:

1524.1.

 (a) The primary purpose of the testing and disclosure provided in this section is to benefit the victim of a crime by informing the victim whether the defendant is infected with a sexually transmitted disease, including, but not limited to, chlamydia, gonorrhea, hepatitis, herpes, human immunodeficiency virus (HIV), human papillomavirus (HPV), trichomoniasis, and syphilis. It is also the intent of the Legislature in enacting this section to protect the health of both victims of crime and those accused of committing a crime. This section does not authorize mandatory testing or disclosure of test results for the purpose of a charging decision by a prosecutor, nor, except as specified in subdivisions (g), (i), and (l), does this section
 authorize breach of the confidentiality provisions contained in Chapter 7 (commencing with Section 120975) of Part 4 of Division 105 of the Health and Safety Code.

(b) (1) Notwithstanding the provisions of Chapter 7 (commencing with Section 120975) of Part 4 of Division 105 of the Health and Safety Code, when a defendant has been charged by complaint, information, or indictment with a crime, or a minor is the subject of a petition filed in juvenile court alleging the commission of a crime, the court, at the request of the victim, may issue a search warrant for the purpose of testing the accused’s blood, oral mucosal transudate saliva, urine, or rectal, urethral, or cervical discharge for a sexually transmitted disease only under the following circumstances: when the court finds, upon the conclusion of the
 hearing described in paragraph (3), or when a preliminary hearing is not required to be held, that there is probable cause to believe that the accused committed the offense, and that there is probable cause