Bill > S1197

This bill establishes a new chapter in the General Laws concerning the right to testing for commonly communicable infectious diseases, aiming to protect victim's rights and public health. It defines "bodily substance" broadly to include various human secretions and discharges. The bill allows courts to order testing for specific infectious diseases, as identified by the Department of Public Health, if there's probable cause to believe a crime involving sexual assault and/or battery occurred and the victim was exposed to the perpetrator's bodily substances, or if a law enforcement officer was exposed to bodily substances during their official duties. This testing can be requested by the exposed person, their guardian, next of kin, or treatment provider. The testing must be conducted within 48 hours, and results are shared with the requester and the subject of the test, with restrictions on dissemination by the requester to protect privacy. Importantly, the testing is solely for treatment purposes and not for evidence in criminal cases, though it doesn't limit existing search and seizure powers. The Department of Public Health is tasked with creating regulations to identify these communicable diseases and establish testing procedures, ensuring that diseases like HIV, which pose a significant public health risk and benefit from early detection, are included.