Bill > H2019

This bill allows certain public safety officers and employees of correctional facilities, including volunteers and contractors, who are assaulted or subjected to assault and battery with a bodily substance by a prisoner, to petition the court to obtain medical records and potentially have the prisoner tested for infectious diseases. The court can order the production of records and testing if the exposure poses a substantial health threat to the petitioner, resulted directly from the prisoner's conduct, and there's reasonable suspicion the conduct violated criminal law. The court will review the records and test results in private, then inform the petitioner of any infectious diseases present, while keeping the prisoner's identity confidential. The proceedings and records will be sealed, and the prisoner must be notified and have an opportunity to be heard before any order is issued, unless immediate harm is a risk. The bill also allows for appeals of court decisions and may award attorney fees to the prevailing party, considering whether records were voluntarily produced. Importantly, any test results from this process cannot be used in criminal or juvenile proceedings, and the prisoner's identity will remain confidential. Hospitals and their staff are protected from liability if they act in good faith to comply with these provisions.