SEC. 32.1303. CONDITIONS FOR MANDATORY HIV TESTING OF CRIMINAL DEFENDANTS.

   (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)

SEC. 32.1304. LIABILITY.

   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)

SEC. 32.1305. PREEMPTION.

   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 San Diego or any testing or medical procedure required by the County Department of Health Services to protect the public health.

(Added by Ord. No. 10123 (N.S.), effective 3-31-11)