Stanislaus County Municipal Code Ch. 9.72 Mandatory Testing of Criminal Defendants for the Human Immunodeficiency…

A. California law permits the human immunodeficiency virus (HIV) testing of pre-convicted criminal defendants where the criminal defendant is accused of specific sex-related crimes against a victim. The state of California does not specify a time within which such testing to occur.

B. The United States Department of Justice (DOJ) requires grant recipients of the Office on Violence Against Women's (OVW) Improving Criminal Justice Responses Program to administer the testing pursuant to a mandatory obligation either through state law or local ordinance, including the condition that the testing occur within forty-eight hours of the presentation or filing of a criminal information or indictment at the request of the victim. The county is a recipient of such grants.

C. It is the intent of the board of supervisors in enacting this chapter to comply with DOJ guidelines requiring that the initial process for administering HIV testing at the request of the victims occur within forty-eight hours of the presentation of a criminal information or indictment.

(Ord. CS 1284 §1, 2020)

The following definitions shall apply to this chapter:

A. "HIV" means infection with the human immunodeficiency virus which, although separate and distinct from a diagnosis of acquired immune deficiency syndrome, commonly known as AIDS, is a precursor to an AIDS diagnosis.

B. "Grant" means the United States Department of Justice's (DOJ) Office on Violence Against Women (OVW) Improving Criminal Justice Responses Program Grant to which the county is a recipient.

C. "Guidelines" refer to 42 USCS Section 3796hh(d).

D. "HIV testing" refers to the process in which a blood or oral fluid sample is analyzed to determine the presence of HIV. The process begins with sample collection in which the collection of the defendant's blood or oral fluid is collected within forty-eight hours of the presentation of a criminal information or indictment at the request of the victim.

(Ord. CS 1284 §1, 2020)

A. In all cases where a defendant is charged with a crime in which, by force or threat of force, the defendant compels the victim to engage in sexual activity, testing of the defendant for HIV shall be administered, at the request of the victim, no later than forty-eight hours after the presentation or filing of the information or indictment. Follow up HIV testing shall be conducted as medically appropriate. Notification of the original test results or results of follow-up tests, if applicable, shall be provided to the victim or parent or guardian, and defendant as soon as practicable. (Ref: 34 USCA Section 10461(d)(1)(B))

(Ord. CS 1284 §1, 2020)

There shall be no civil liability created upon the county of Stanislaus for the failure to administer the testing within forty-eight hours.

(Ord. CS 1284 §1, 2020)

Nothing in this section shall preempt any testing or medical procedure authorized by the laws of the United States, the state of California or the county of Stanislaus or any testing or medical procedure requested by the county department of health services to protect the public health.

(Ord. CS 1284 §1, 2020)

Should the state of California establish legislation requiring the collection of blood or oral fluid samples for HIV testing within forty-eight hours of the presentation of a criminal information or indictment at the request of the victim described in subsection 9.72.010(A), then this chapter shall be automatically repealed and the State Legislation shall govern.

(Ord. CS 1284 §1, 2020)