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Bill > HB1416


VA HB1416

VA HB1416
Sexually transmitted infections; testing of certain persons following arrest or indictment, etc.


summary

Introduced
12/08/2022
In Committee
02/08/2023
Crossed Over
02/15/2023
Passed
02/20/2023
Dead
Signed/Enacted/Adopted
03/27/2023

Introduced Session

2023 Regular Session

Bill Summary

Testing persons charged with certain crimes for sexually transmitted infections. Provides that as soon as practicable following arrest, or following indictment, arrest by warrant, or service of a petition in the case of a juvenile, the attorney for the Commonwealth may request after consultation with any complaining witness, or shall request upon the request of the complaining witness, that any person charged with certain specified crimes be requested to submit to testing for sexually transmitted infections, as that term is defined in the bill. The bill provides that if the person charged refuses to submit to testing or the competency of the person to submit to testing is at issue, a court finding probable cause that the complaining witness was exposed to body fluids of the person charged in a manner that may transmit a sexually transmitted infection shall order such testing. The bill also provides that the results of such tests shall not be admissible as evidence in any criminal proceeding.

AI Summary

This bill requires the attorney for the Commonwealth to request that individuals charged with certain sexual assault, child offenses, or assault and battery crimes be tested for sexually transmitted infections (STIs) as soon as practicable following arrest or following indictment, arrest, or service of a petition. If the individual refuses to submit to testing or their competency to consent is in question, the court can hold a hearing to determine if there is probable cause that the complaining witness was exposed to the individual's bodily fluids in a way that may transmit an STI, and then order the testing. The results of the tests are confidential and cannot be used as evidence in any criminal proceeding. The Commonwealth pays for the cost of the tests.

Committee Categories

Justice

Sponsors (13)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0680) (on 03/27/2023)

bill text


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