State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1076: assault; public safety contractors; workers

PRIME SPONSOR: Senator Barto, LD 15

BILL STATUS: Caucus & COW

                JPS: DP 9-0-0-0

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to disease testing for public safety employees or volunteers.

Provisions

1.       Expands the definition of public safety employee or volunteer by adding:

a.       A contractor of a state or local law enforcement agency or correctional facility, or

b.       Any other person who is authorized to perform official duties or be present in a correctional facility. (Sec. 1)

2.       Makes a technical change. (Sec. 1)

Current Law

A.R.S. § 13-1210 states an exposure occurs if a person bit, scratched, spat or transferred blood or other bodily fluid on or through the skin or membranes of a public safety employee or volunteer and one of the following applies:

·         The person is charged in any criminal complaint that alleges he or she interfered with official duties,

·         There is probable cause to believe the person interfered with official duties and is deceased,

·         There is probable cause to believe the public safety employee or volunteer was performing an official duty, or

·         The person is arrested, charged or in custody and the public safety employee or volunteer alleges he or she interfered with official duties.

A public safety employee or volunteer, officer or entity may petition the court for an order authorizing testing of another person for diseases specified in the petition, if there are reasonable grounds to believe an exposure occurred.

If the court finds that probable cause exists that a possible transfer of blood or other bodily fluids occurred, then the court must order:

·         The person provide two specimens of blood for testing, or

·         If the person is deceased, the medical examiner draw two specimens for blood for testing.

This section defines public safety employee or volunteer as a:

·         Law enforcement officer,                           

·         Any employee or volunteer of a state or local law enforcement agency,

·         Probation officer,

·         Surveillance officer,

·         Detention officer,

 

 

·         Juvenile or adult correctional service officer,

·         Private prison security officer,

·         Firefighter, or

·         Emergency medical technician.

 

 

 

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Fifty-third Legislature                  SB 1076

Second Regular Session                               Version 2: Caucus & COW

 

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