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Johnetta J. v. Municipal Court for San Francisco Judicial District3/20/1990
Code, § 243, subd. (c)), and misdemeanor interference with an officer. (Pen. Code, § 148.)
These charges triggered applicability of Proposition 96, codified as Health and Safety Code section 199.95 et seq., which comprise a new chapter 1.20 of part I of division I of the code, entitled "AIDS Public Safety and Testing Disclosure." AIDS is a fatal disease caused by the human immunodeficiency virus (HIV). HIV causes death by destroying T-helper cells, which the body's immune system uses to structure its defense against foreign disease-causing agents such as viruses and bacteria. HIV renders the body's immune system incapable of fighting disease; thus the HIV-infected person is relatively defenseless against many diseases which would not seriously endanger a healthy, noninfected person.
Proposition 96 covers three distinct situations involving possible transmission of AIDS: to the victim of a sex crime (§ 199.96); to an assaulted peace officer, firefighter or emergency medical technician (§ 199.97); and to an employee of a custodial facility (§ 199.99).
The initiative measure begins with a purpose clause: "The people of the State of California find and declare that AIDS, AIDS-related conditions, and other communicable diseases pose a major threat to the public health and safety. [para.] The health and safety of the public, victims of sexual crimes, and peace officers, firefighters and custodial personnel who may come into contact with infected persons, have not been adequately protected by law. The purpose of this chapter is to require that information that may be vital to the health and safety of the public, victims of certain crimes, certain defendants and minors, and custodial personnel, custodial medical personnel, peace officers, firefighters and emergency medical personnel put at risk in the course of their official duties, be obtained and disclosed in an appropriate manner in order that precautions can be taken to preserve their health and
the health of others or that such persons can be relieved from groundless fear of infection." (§ 199.95, italics added.)
The remainder of section 199.95 reads: " It is the intent of this chapter to supersede in case of conflict existing statutes or case law on the subjects covered including but not limited to the confidentiality and consent provisions contained in chapters 1.11, 1.12, and 1.13 of Part I of Division I of the Health and Safety Code." (Italics added.)
Section 199.97 reads, in pertinent part: "Any person charged in any criminal complaint filed with a magistrate or court . . . in which it is alleged in whole or in part that the defendant . . . interfered with the official duties of a peace officer . . . by biting . . . or transferring blood or other bodily fluids on, upon, or through the skin or membranes of a peace officer . . . shall in addition to any penalties provided by law be subject to an order of a court having jurisdiction of the complaint . . . requiring testing as provided in this chapter. [para.] The peace officer, . . . or the employing agency, officer, or entity may petition the court for an order authorized under this section. [para.] The court shall promptly conduct a hearing upon any such petition. 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 defendant . . . and the peace officer . . . the court shall order that the defendant . . . provide two specimens of blood for testing as provided in this chapter. . . ." (Italics added.)
The blood must be draw
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