Search Warrant For Communicable Disease Testing

Current law provides that a person may be required to submit to a medical test for communicable diseases if the person's or another person's bodily fluid came into contact with another person related to a conviction or finding of probable cause related to an assault in the first, second, or third degree. The act repeals these provisions and substitutes a provision authorizing a court, after the person has refused to consent to a blood test, to issue a court order for a person to give blood to test for a communicable disease if:

• Probable cause exists to believe that an assault has been committed; and
• The person's blood or other bodily fluid came into contact with another person and there is reason to believe, based on information from a medical professional or health department, that the other person is at risk of transmission of a communicable disease.

(Note: This summary applies to this bill as enacted.)