HB 16-1393 Summary

• Establishes court-ordered procedures for blood testing to detect communicable diseases (diseases spread through blood or bodily fluid exchange, and HIV) when assault victims or first responders may have been exposed.

• Requires law enforcement to first request voluntary consent to testing when an assault in the first, second, or third degree results in blood or bodily fluid contact with a victim, peace officer, firefighter, or medical provider, and there is reason to believe disease transmission risk exists.

• Allows courts to issue blood test orders upon sworn affidavit showing probable cause of assault, refusal of voluntary testing, and probable cause that bodily fluid contact occurred with disease transmission risk established by medical professionals or health agencies.

• Mandates blood tests be conducted under medical supervision, orders must be executed within 35 days, and test results remain confidential except disclosure to affected persons named in the court order.

• Includes test result costs as restitution for assault convictions and makes voluntary submission to testing admissible as mitigating factor in sentencing; takes effect July 1, 2016.