Proposition Summary

COMMUNICABLE DISEASE TESTS. INITIATIVE STATUTE. Requires courts in criminal and juvenile cases, upon finding of probable cause to believe bodily fluids were possibly transferred, to order persons charged with certain sex offenses, or certain assaults on peace officers. firefighters, or emergency medical personnel, to provide specimens of blood for testing for acquired immune deficiency syndrome (AIDS), AIDS-related conditions and other communicable diseases. Provides notification to specified persons of test results. Requires medical personnel in correctional facilities to report inmate exposure to such diseases and notice to personnel who come in contact with such inmates. Provides confidentiality of information reported. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: The costs of judicial proceedings to local governments and laboratory costs to local and state governments could range up to $1 million annually depending on cost of courtroom hearings, the nature of the tests, and the number of persons subject to them.

Proposition Number

96

Year

1988

Document Type

Proposition

Pass/Fail

Pass

Popular Vote Results

Y: 5758670; A: 62.41; N: 3468215; B: 37.59

Election Type

General Election

Proposition Type

Initiative statute

Relevant Case

Rains v. Belsh: 32 Cal. App. 4th 157: 38 Cal. Rptr. 2d 185, 1995; Johnetta J. v. Municipal Ct. for the San Francisco Judicial Dist. of San Francisco: 218 Cal. App. 3d 1255: 267 Cal. Rptr. 666, 1990; Love v. Superior Ct. of San Francisco: 226 Cal. App. 3d 736: 276 Cal. Rptr. 660, 1990

Code Sections Affected

Added Cal. Health & Safety Code sections 199.95, et seq.

For Author

Sherman Block, Sheriff, Los Angeles County; Monroe Richman, M.D., Commissioner, Los Angeles County Commission on AIDS; Ed Davis, State Senator, 19th District

Against Author

Michael Hennessey, Sheriff, City and County of San Francisco; Robert J. Melton, M.D., M.P.H., President, Health Officers' Association of California; Marcus A. Conant, M.D., Chairman, California Department of Health Services, Task Force on AIDS, 1983-1988

Rebuttal Author

Michael Hennessey, Sheriff, City and County of San Francisco; Robert J. Melton, M.D., M.P.H., President, Health Officers' Association of California; Marcus A. Conant, M.D., Chairman, California Department of Health Services, Task Force on AIDS, 1983-1988

Rebuttal Against Author

Sherman Block, Sheriff, Los Angeles County; Monrof, Richman, M.D., Commissioner, Los Angeles County Commission on AIDS; Ed Davis, State Senator, 19th District

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