Section 1202.1 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1202.1
. (a) Notwithstanding Sections 120975 and 120990 of the
Health and Safety Code, the court shall order every person who is
convicted of, or adjudged by the court to be a person described by
Section 601 or 602 of the Welfare and Institutions Code as provided
in Section 725 of the Welfare and Institutions Code by reason of a
violation of, a sexual offense listed in subdivision (e), whether or
not a sentence or fine is imposed or probation is granted, to submit
to a blood or oral mucosal transudate saliva test for evidence of
antibodies to the probable causative agent of acquired immune
deficiency syndrome (AIDS) within 180 days of the date of conviction.
Each person tested under this section shall be informed of the
results of the blood or oral mucosal transudate saliva test.
(b) Notwithstanding Section 120980 of the Health and Safety Code,
the results of the blood or oral mucosal transudate saliva test to
detect antibodies to the probable causative agent of AIDS shall be
transmitted by the clerk of the court to the Department of Justice
and the local health officer.
(c) Notwithstanding Section 120980 of the Health and Safety Code,
the Department of Justice shall provide the results of a test or
tests as to persons under investigation or being prosecuted under
Section 647f or 12022.85, if the results are on file with the
department, to the defense attorney upon request and the results also
shall be available to the prosecuting attorney upon request for the
purpose of either preparing counts for a subsequent offense under
Section 647f or sentence enhancement under Section 12022.85 or
complying with subdivision (d).
(d) (1) In every case in which a person is convicted of a sexual
offense listed in subdivision (e) or adjudged by the court to be a
person described by Section 601 or 602 of the Welfare and
Institutions Code as provided in Section 725 of the Welfare and
Institutions Code by reason of the commission of a sexual offense
listed in subdivision (e), the prosecutor or the prosecutor's
victim-witness assistance bureau shall advise the victim of his or
her right to receive the results of the blood or oral mucosal
transudate saliva test performed pursuant to subdivision (a). The
prosecutor or the prosecutor's victim-witness assistance bureau shall
refer the victim to the local health officer for counseling to
assist him or her in understanding the extent to which the particular
circumstances of the crime may or may not have placed the victim at
risk of transmission of the human immunodeficiency virus (HIV) from
the accused, to ensure that the victim understands the limitations
and benefits of current tests for HIV, and to assist the victim in
determining whether he or she should make the request.
(2) Notwithstanding any other law, upon the victim's request, the
local health officer shall be responsible for disclosing test results
to the victim who requested the test and the person who was tested.
However, as specified in subdivision (g), positive test results shall
not be disclosed to the victim or the person who was tested without
offering or providing professional counseling appropriate to the
circumstances as follows:
(A) To help the victim understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the perpetrator.
(B) To ensure that the victim understands both the benefits and
limitations of the current tests for HIV.
(C) To obtain referrals to appropriate health care and support
services.
(e) For purposes of this section, "sexual offense" includes any of
the following:
(1) Rape in violation of Section 261 or 264.1.
(2) Unlawful intercourse with a person under 18 years of age in
violation of Section 261.5 or 266c.
(3) Rape of a spouse in violation of Section 262 or 264.1.
(4) Sodomy in violation of Section 266c or 286.
(5) Oral copulation in violation of Section 266c or 288a.
(6) (A) Any of the following offenses if the court finds that
there is probable cause to believe that blood, semen, or any other
bodily fluid capable of transmitting HIV has been transferred from
the defendant to the victim:
(i) Sexual penetration in violation of Section 264.1, 266c, or
289.
(ii) Aggravated sexual assault of a child in violation of Section
269.
(iii) Lewd or lascivious conduct with a child in violation of
Section 288.
(iv) Continuous sexual abuse of a child in violation of Section
288.5.
(v) The attempt to commit any offense described in clauses (i) to
(iv), inclusive.
(B) For purposes of this paragraph, the court shall note its
finding on the court docket and minute order if one is prepared.
(f) Any blood or oral mucosal transudate saliva tested pursuant to
subdivision (a) shall be subjected to appropriate confirmatory tests
to ensure accuracy of the first test results, and under no
circumstances shall test results be transmitted to the victim or the
person who is tested unless any initially reactive test result has
been confirmed by appropriate confirmatory tests for positive
reactors.
(g) The local health officer shall be responsible for disclosing
test results to the victim who requested the test and the person who
was tested. However, positive test results shall not be disclosed to
the victim or the person who was tested without offering or providing
professional counseling appropriate to the circumstances.
(h) The local health officer and the victim shall comply with all
laws and policies relating to medical confidentiality, subject to the
disclosure authorized by subdivisions (g) and (i).
(i) Any victim who receives information from the local health
officer pursuant to subdivision (g) may disclose the information as
he or she deems necessary to protect his or her health and safety or
the health and safety of his or her family or sexual partner.
(j) Any person who transmits test results or discloses information
pursuant to this section shall be immune from civil liability for
any action taken in compliance with this section.