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CCP 18.22 - Testing for Communicable DIseases Following Certain Arrests

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2087040806

October 04, 2012, 10:45
Rob Henneke
CCP 18.22 - Testing for Communicable DIseases Following Certain Arrests
CCP 18.22 deals with the process for testing a person for a communicable disease if during arrest causes a peace officer to come into contact with the person's bodily fluids. There is a process to compel testing if the person does not consent. My questions are as follows:

1. "at the direction of the court having jurisdiction over the arrested person" -
+ If the person is arrested during the commission of the offense prior to being indicted or charged by information, I would assume that any magistrate (as the term is defined) would have authority to order the defendant to submit to the procedure or test to show whether the defendant has a communicable disease, i.e. any district judge, CCAL judge, JP, etc. Agree?

+ If a person has already been charged and is arrested on a warrant following indictment or information, would the court with authority under 18.22 then be limited only to the court where the case was then pending?

2. "local health authority" - any idea what this means?

Thank you.
October 04, 2012, 11:09
Floyd L. Jennings
This is both a CCP and a Health & Safety Code issue. Chapt. 81 is the Communicable Disease Prevention and Control Act, which includes definitions of the "local health authority" and delineates the circumstances and procedures by which persons may be involuntarily tested when they are suspected of having a communicable disease and exposing a statutorily defined group of public servants.