Signed into law
·
Virginia House of Delegates
·
Lead sponsor
HIV or hepatitis B or C viruses; exposure to bodily fluids, infection, hearing on petition.
Requires a general district court to hold a hearing within 48 hours of a petition being filed seeking to compel collection of a blood specimen for testing for human immunodeficiency virus or the hepatitis B or C viruses when exposure to bodily fluids occurs between a person and any health care provider, person employed by or under the direction and control of a health care provider, law-enforcement officer, firefighter, emergency medical services personnel, person employed by a public safety agency, or school board employee and the person whose blood specimen is sought refuses to consent to providing such specimen. The bill directs the Office of the Executive Secretary of the Supreme Court of Virginia to publish a petition form for such filing. If the court is closed during the 48-hour time period, the petition shall be heard on the next day that the court is in session. The bill allows a testing order to be issued based on a finding that there is probable cause to believe that exposure has occurred. Any person who is the subject of such order may appeal to the circuit court of the same jurisdiction within 10 days of receiving notice of the order. The bill specifies that no specimen obtained as a result of a testing order shall be tested for any purpose other than for the purpose provided for in the bill, nor shall the specimen or the results of such testing be used for any purpose in any criminal matter or investigation. Any violation shall constitute reversible error in any criminal case in which the specimen or results were used.
