Search warrants: HIV testing.

 Existing law provides that when a defendant or minor has been charged with a specified sexual offense, the court may, under certain circumstances and at the request of the victim, issue a search warrant for the purpose of testing the accused's blood or saliva with any HIV test. Existing law provides that the local health officer shall have the responsibility for disclosing test results to the victim who requested the test and to the accused who was tested. This bill would require, if a victim requests an HIV test of a defendant against whom an information or indictment has been presented for a crime in which, by force or threat of force, the defendant is alleged to have compelled the victim to engage in sexual activity, the HIV test to be administered not later than 48 hours after the date on which the search warrant is issued. The bill would require the local health officer to disclose the HIV test results as soon as practicable. Because the bill would impose additional duties on local governmental entities, it would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.