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2001 SESSION
SB 824 HIV testing of criminal defendants.
Introduced by: Henry L. Marsh III | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
HIV testing of criminal defendants. Amends the existing provision that allows the court to order HIV testing of persons charged with certain crimes to establish a procedure for a defendant whose competence is at issue. Prior to ordering testing a hearing must be held to determine that there is probable cause that the individual committed the crime. The defendant's attorney or guardian ad litem may be present at the hearing instead of the defendant. The same procedures will apply to individuals who refuse to consent to the test. This bill is a recommendation of the Committee on District Courts.
SUMMARY AS INTRODUCED:
HIV testing of criminal defendants. Amends the existing provision that allows the court to order HIV testing of persons charged with certain crimes to establish a procedure for a defendant whose competence is at issue. Prior to ordering testing a hearing must be held to determine that there is probable cause that the individual committed the crime. A finding of probable cause does not prejudice either party and the defendant's attorney or guardian ad litem may be present instead of the defendant. The same procedures will apply to individuals who refuse to consent to the test. This bill is a recommendation of the Committee on District Courts.