Section 121056 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.
121056
. (a) Any forensic scientist, including, but not limited to,
any criminalist, toxicologist, and forensic pathologist, or any other
employee required to handle or perform DNA or other forensic
evidence analysis within the scope of his or her duties, who comes
into contact with blood or other bodily fluids on, upon, or through
the skin or membranes of his or her person while handling or
performing testing on forensic evidence, may petition, ex parte, the
court having jurisdiction over the laboratory in which he or she
works for an order authorized under this chapter.
The employing agency, officer, or entity of the affected employee
may also file an ex parte petition for an order authorized under this
chapter. Before filing a petition, the requesting party shall make a
reasonable effort to obtain the consent of the person whose blood or
bodily fluids is to be tested.
(b) The court shall promptly consider any petition filed pursuant
to this section. 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 forensic evidence collected and
the forensic scientist, criminalist, toxicologist, forensic
pathologist, or any other employee required to handle evidence or
perform forensic testing thereon as specified in this section, the
court shall promptly order that the existing forensic evidence be
tested as provided in this chapter.
(c) (1) Except as provided in paragraph (2), copies of the test
results shall be sent to each requesting employee named in the
petition, and his or her employing agency, officer, or entity, to the
person whose sample was tested, and to the officer in charge and the
chief medical officer of the facility in which the person is
incarcerated or detained.
(2) The person whose sample was tested, shall be advised that he
or she will be informed of the HIV test results only if he or she
wishes to be so informed. If the person declines to be informed of
the HIV test results, then he or she shall sign a form documenting
that refusal. The person's refusal to sign that form shall be
construed to be a request to be informed of the HIV test results.