Does anyone have a form for a judge to order a communicable disease test under 18.22 CCP. My reading of the code suggests that a written order is not required, but I have an inmate who spit blood in the face of an officer, and I would like to get him tested for HIV and other diseases to which he may have purposefully exposed the officer, and if the case warrants it, prosecute him for it. I therefore want a papertrail of how we obtained the sample with a signed order.

Does anyone have such an order I could plagiarize?

If you want to use the results as evidence in a criminal trial, you should use a search warrant to obtain the sample.

Thanks, I see that now.

I have a simple one-page order form for an 18.22 test for a peace officer, if anyone wants a copy. This new (9/2003) procedure is so much speedier and easier (and works in more body fluid contact arrest situations) than the pre-2003 forced testing law!

As the statute says, if you get the testing under CCP 18.22, you cannot use the results in a criminal proceeding.