Existing law authorizes a court to issue a search warrant, at the request of a victim and in specified circumstances, to test the accused’s blood or oral mucosal transudate saliva with an HIV test for the primary purpose of informing the victim whether the defendant is infected with the HIV virus. Existing law authorizes a victim to disclose test results received as the victim deems necessary to protect the victim’s health and safety or to protect the health and safety of the victim’s family or sexual partner. Improper disclosure of test results is a crime.

Existing law, when the defendant has been charged with a specified sex crime, authorizes the court to issue a search warrant for testing when requested by a victim of an uncharged sex offense.

This bill would add engaging in sexual acts with a child under 10 years of age and sex with a person confined to a health facility or detention facility to the crimes to which this provision applies.