(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 have a time requirement for such testing.
(b) The United States Department of Justice (DOJ) requires grant recipients of the Office on Violence Against Women's (OVW) Grants to Encourage Arrest Policies and Enforcement of Protection Orders to administer the testing pursuant to a mandatory obligation either through state law or local Ordinance, including the condition that the collection of a blood sample occur within 48 hours of the filing of a criminal information or indictment at the request of the victim. The County is a recipient of this grant.
(c) It is the intent of the Board of Supervisors in enacting this chapter to comply with DOJ guidelines requiring the initial process for administering HIV testing occur within 48 hours of the filing of a criminal information or indictment at the request of the victim.
(d) Testing and disclosure provided in this Chapter benefits the victim of a crime by informing the victim whether the defendant is infected with the HIV virus. It is also the intent of the Board to further the purpose of mandatory HIV testing of criminal defendants to protect the health of victims of crime, those accused of committing a crime and the public at large.
(Added by Ord. No. 10123 (N.S.), effective 3-31-11)
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's (OVW) Grants to Encourage Arrest Policies and Enforcement of Protection Orders to which the County is a recipient.
(c) "Guidelines" refers to 42 USCS § 3796hh(d).
(d) "HIV testing" refers to the process in which a blood sample is analyzed by the County of San Diego, Health and Human Services Agency Public Health Laboratory to determine the presence of HIV. The process begins with sample collection in which the collection of the defendant's blood is drawn within 48 hours of the filing of a criminal information or indictment at the request of the victim.
(Added by Ord. No. 10123 (N.S.), effective 3-31-11)
(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 the immunodeficiency virus (HIV) shall be administered, at the request of the victim, no later than 48 hours after the 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 as soon as practicable.
(Added by Ord. No. 10123 (N.S.), effective 3-31-11)
There shall be no civil liability created upon the County of San Diego for the failure to administer the testing within 48 hours, unless the failure of the County to test within a reasonable period of time from the request by the victim following the filing of a criminal information or indictment against the defendant is the proximate cause of injury to the victim.
(Added by Ord. No. 10123 (N.S.), effective 3-31-11)
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