HOUSE BILL NO. 87
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HIV TESTING IN ASSAULT OR RELATED OFFENSES AGAINST LAW ENFORCEMENT OFFICERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 39 of Title 11 of the Delaware Code by adding a new subchapter III as follows:
“Subchapter III. Mandatory Testing of Offenders Charged with Assault or Related Offenses Against Law Enforcement Officers.
A person who is charged with any criminal offense in which it is alleged that the person interfered with the official duties of a law enforcement officer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of a law enforcement officer is subject to a court order requiring testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus, or hepatitis.
(a) The law enforcement officer or the employing agency or entity may petition the Superior Court for an order authorizing testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus, or hepatitis. The Superior Court shall hear the petition promptly.
(b) If the Court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluid occurred between the person charged and the law enforcement officer, the Court shall order that the person charged provide two specimens of blood for testing.
(a) Notice of the test results shall be provided as prescribed by the Division of Public Health to the person tested, as well as to the law enforcement officer named in the petition and to the officer’s employing agency or entity, who shall otherwise maintain the confidentiality of that information.
(b) The result of any test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29.
(a) If the test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the law enforcement officer and the person charged with the criminal offense regarding human immunodeficiency virus disease, and referral for appropriate health care and support services.
(b) The cost of testing under this subchapter shall be paid by the person tested, unless the court has determined that person is indigent.”
Approved May 03,1999