Section 120292 Of Chapter 4. Violations From California Health And Safety Code >> Division 105. >> Part 1. >> Chapter 4.
120292
. (a) Notwithstanding Chapter 7 (commencing with Section
120975) and Chapter 8 (commencing with Section 121025) of Part 4,
identifying information and other records of the diagnosis,
prognosis, testing, or treatment of any person relating to the human
immunodeficiency virus (HIV) shall be disclosed in a criminal
investigation for a violation of Section 120291 if authorized by an
order of a court of competent jurisdiction granted after application
showing good cause therefor. Any order of the court shall be issued
in accordance with the following conditions:
(1) An order shall not be based on the sexual orientation of the
defendant.
(2) In deciding whether to issue an order, the court shall weigh
the public interest and the need for disclosure against any potential
harm to the defendant, including, but not limited to, damage to the
physician-patient relationship and to treatment services. Upon the
issuance of an order of this nature, the court, in determining the
extent to which any disclosure of all or any part of any record is
necessary, shall impose safeguards determined appropriate by the
court against unauthorized disclosure. However, the court shall not
order disclosure under this paragraph for any purpose other than a
proceeding under this section. Any order for disclosure under this
subdivision shall limit disclosure to those who need the information
for the proceeding, and shall direct those to whom disclosure is made
to make no further disclosure without permission of the court. The
court shall grant permission for further disclosure when necessary
for a proceeding under this section. Any disclosure in violation of
an order issued under this section shall be remedied or punished as
provided in Section 120980.
(b) Nothing in this section is intended to compel the testing to
determine the HIV status of any victim of an alleged crime or crimes.
(c) Nothing in this section is intended to restrict or eliminate
the anonymous AIDS testing programs provided for in Sections 120885
to 120895, inclusive. Identifying characteristics of persons who
submit to that testing shall not be ordered disclosed pursuant to
this section, nor shall an order be issued authorizing the search of
the records of a testing program of that nature.