CHAPTER 13. MANDATORY TESTING OF CRIMINAL DEFENDANTS FOR THE HUMAN IMMUNODEFICIENCY VIRUS (HIV)

1-13-1000 PURPOSES:

The County of Tulare finds and declares all of the following purposes for this Ordinance:

(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 Protective 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 such grants.

(c)    It is the intent of the Board of Supervisors in enacting this chapter to comply with DOJ guidelines requiring that 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)    There shall be no civil liability created against the County of Tulare 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. 3464, effective 11-27-14)

1-13-1010 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 Tulare or any testing or medical procedure required by the Tulare County Health and Human Services Agency.

(Added by Ord. No. 3464, effective 11-27-14)

1-13-1015 AUTOMATIC REPEAL:

Should the State of California establish legislation requiring the collection of blood samples for HIV testing within 48 hours of the filing of a criminal information or indictment at the request of the victim described in Section 1-13-1000(a), then this Chapter shall be automatically repealed and the state legislation shall govern.

(Added by Ord. No. 3464, effective 11-27-14)