April 21, 2019

HB 16-1393: Requiring Warrants for Testing Assault Suspects for Communicable Diseases

On March 17, 2016, Reps. Daneya Esgar & Mike Foote and Sen. John Cooke introduced HB 16-1393Concerning Procedures for Ordered Testing for Communicable Diseases. The bill was assigned to the House Judiciary Committee.

Current law provides that a person may be required to submit to a medical test for communicable diseases if the person’s or another person’s bodily fluid came into contact with another person related to a conviction or finding of probable cause related to an assault in the first, second, or third degree. This bill repeals these provisions and substitutes a provision authorizing a court to issue a search warrant for a person’s bodily fluid, thereby requiring a person to submit blood, urine, saliva, or other bodily fluid for a test for communicable disease, if probable cause is established that: (1) a person committed the crime of assault in the first, second, or third degree; and (2) the person’s or another person’s bodily fluid came into contact with any victim of the assault, peace officer, firefighter, or emergency medical care/service provider.

If the court is satisfied that there is probable cause to believe that the grounds for the application exist, the court shall issue a search warrant, which shall: (1) identify the individual who is to give bodily fluid; (2) identify the names of any persons who sought the issuance of the order; (3) identify the related criminal offense and testing procedures; (4) identify the name of the victim of the assault, or other individual who came in contact with the person’s bodily fluid; (5) include a mandate that the person shall be detained only such time as is necessary to obtain the person’s bodily fluid; and (6) include the name and signature of the judge issuing the order. The order must be executed and returned to the court within 35 days of its issuance, and the officer executing the order shall give a copy of the order to the person upon whom it is served.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.