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2023 SESSION
HB 1416 Sexually transmitted infections; testing of certain persons following arrest or indictment, etc.
Introduced by: Emily M. Brewer | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Testing persons charged with certain crimes for sexually transmitted infections. Provides that as soon as practicable following arrest, or following indictment, arrest by warrant, or service of a petition in the case of a juvenile, the attorney for the Commonwealth may request after consultation with any complaining witness, or shall request upon the request of the complaining witness, that any person charged with certain specified crimes be requested to submit to testing for sexually transmitted infections, as that term is defined in the bill. The bill provides that if the person charged refuses to submit to testing or the competency of the person to submit to testing is at issue, a court finding probable cause that the complaining witness was exposed to body fluids of the person charged in a manner that may transmit a sexually transmitted infection shall order such testing. The bill also provides that the results of such tests shall not be admissible as evidence in any criminal proceeding. This bill is identical to SB 1436.
SUMMARY AS PASSED HOUSE:
Testing of certain persons for sexually transmitted infections. Provides that as soon as practicable following arrest, or following indictment, arrest by warrant, or service of a petition in the case of a juvenile, upon the motion of the attorney for the Commonwealth upon request of the complaining witness, that any person charged with certain specified crimes be requested to submit to testing for sexually transmitted infections, as that term is defined in the bill.
SUMMARY AS INTRODUCED:
Testing of certain persons for sexually transmitted infections. Provides that as soon as practicable following arrest, or following indictment, arrest by warrant, or service of a petition in the case of a juvenile, the attorney for the Commonwealth may request after consultation with any complaining witness, or shall request upon the request of the complaining witness, that any person charged with certain specified crimes be requested to submit to testing for sexually transmitted infections, as that term is defined in the bill. The bill provides that if the request is denied, a court finding probable cause shall order such testing.