Section 121055 Of Chapter 9. Acquired Immune Deficiency Syndrome (aids) Public Safety And Testing Disclosure From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 9.
121055
. Any defendant charged in any criminal complaint filed with
a magistrate or court with any violation of Penal Code Sections 261,
261.5, 262, 266b, 266c, 286, 288, or 288a and any minor with respect
to whom a petition has been filed in a juvenile court alleging
violation of any of the foregoing laws, shall be subject to an order
of a court having jurisdiction of the complaint or petition requiring
testing as provided in this chapter.
If an alleged victim listed in the complaint or petition makes a
written request for testing under this section, the prosecuting
attorney, or the alleged victim may petition the court for an order
authorized under this section.
The court shall promptly conduct a hearing upon any such petition.
If the court finds that probable cause exists to believe that a
possible transfer of blood, saliva, semen, or other bodily fluid took
place between the defendant or minor and the alleged victim in an
act specified in this section, the court shall order that the
defendant or minor provide two specimens of blood for testing as
provided in this chapter.
Copies of the test results shall be sent to the defendant or
minor, each requesting victim and, if the defendant or minor is
incarcerated or detained, to the officer in charge and the chief
medical officer of the facility where the person is incarcerated or
detained.