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AIDS test for D who bit officer

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August 16, 2004, 09:39
BLeonard
AIDS test for D who bit officer
Is there not a provision in the law to compel AIDS testing for a D who bites an officer? I am diligently looking but a quick answer would be a great help.
August 16, 2004, 09:58
Elizabeth G.
Try Art. 46A.01 C.C.P. (Seems to allow HIV testing of county or municipal jail inmates merely due to incarcerated status--no biting, etc. required)

Elizabeth Foley
Asst. Crim. DA
Galveston Co.
August 16, 2004, 11:05
Ken Sparks
Check out CCP Art. 18.22.
August 16, 2004, 11:07
Scott Brumley
In addition to the above-cited provisions of the Code of Criminal Procedure, section 81.050(b) of the Health and Safety Code authorizes people who are employed in certain lines of work to request that the Department of Health order HIV testing of another person who may have exposed the requestor to HIV. Among those included in the scope of the statute are law enforcement officers and correctional officers. See Health & Safety Code sec. 81.050(b)(1), (4). If the offender refuses to comply with the department's order, the prosecuting attorney may file a petition in district court, and the district court may order that the offender undergo testing and counseling. Id., at (f), (g).
August 16, 2004, 13:07
BLeonard
thanks to all who responded! I found that statute and relevant forms.