Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
assault; public safety contractors; workers
Purpose
Allows a contractor of a law enforcement agency or correctional facility, or any person who is authorized to perform official duties or be present within a correctional facility to petition the court for disease testing of a person if there are reasonable grounds to believe an exposure occurred and other specified conditions are met.
Background
Currently, a public safety employee or volunteer or the employing agency, officer or entity may petition the court for an order authorizing testing of another person for HIV or other diseases if there are reasonable grounds to believe an exposure occurred and other specified conditions are met. If a court finds upon petition that probable cause exists to believe that a possible transfer of blood or other bodily fluid occurred between the person and the public safety employee or volunteer, the court must order that either: 1) the person provide two specimens of blood for testing; or 2) if the person is deceased, the medical examiner draw two specimens of blood for testing (A.R.S. § 13-1210).
Public safety employee or volunteer is currently defined as a law enforcement officer, any employee or volunteer of a state or local law enforcement agency, a probation officer, a surveillance officer, an adult or juvenile correctional service officer, a detention officer, a private prison security officer, a firefighter or an emergency medical technician (A.R.S. § 13-1210).
There is a no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the definition of public safety employee or volunteer, contractors of a state or local law enforcement agency or correctional facility, or any person who is authorized to perform official duties or to be present within a correctional facility.
2. Makes a conforming change.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2018
JA/VR/lat