Criminal procedure: Sexually transmitted disease testing.

Assembly Member Davies proposes expanding California's court-authorized sexually transmitted disease testing in criminal cases beyond HIV to include a comprehensive range of STDs, while extending test result access to parents and guardians of minor victims. The legislation modifies existing procedures that allow courts to order testing when probable cause exists that bodily fluids were transferred during specified sex crimes.

The bill adds two categories of offenses that qualify for court-ordered STD testing: sexual acts with children under 10 years old and sexual activity with persons in health or detention facilities. Under the amended provisions, courts may require testing for diseases including chlamydia, gonorrhea, hepatitis, herpes, human papillomavirus, trichomoniasis, and syphilis when issuing search warrants. Local health officers must administer the tests and disclose confirmed results to victims and defendants, accompanied by professional counseling for positive results.

Parents, guardians, and legal representatives of minor victims receive authority to request testing and manage results on behalf of the victim. The legislation maintains existing confidentiality requirements while permitting victims and their authorized representatives to share results as needed to protect health and safety. Test results remain inadmissible as evidence of guilt or innocence in criminal proceedings, and individuals who disclose results in compliance with the law receive immunity from civil liability.