ENROLLED
ACT No. 118
2018 Regular Session
HOUSE BILL NO. 112
BY REPRESENTATIVE MACK
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 222(A), (E), and (G), relative to
3 blood and saliva testing; to provide relative to the required blood and saliva testing
4 of certain persons who expose a law enforcement officer to a serious infectious
5 disease; to require blood and saliva testing of certain persons who expose firefighters
6 and forensic laboratory employees to a serious infectious disease; to provide relative
7 to the definition of "law enforcement officer"; to provide relative to the definition of
8 "act"; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Article 222(A), (E), and (G) are hereby
11 amended and reenacted to read as follows:
12 Art. 222. Blood and saliva testing; expedited, nonincriminating procedure
13 A. Any person who commits any act which exposes a law enforcement
14 officer to a serious infectious disease by any means resulting in contact with the
15 officer during the course and scope of an arrest or through the investigation and
16 handling of evidence related to the arrest for any offense shall be required to submit
17 within seventy-two hours of the exposure to a test designed to determine whether he
18 is infected with a sexually transmitted disease, acquired immune deficiency
19 syndrome (AIDS), the human immunodeficiency virus (HIV), HIV-1 antibodies, any
20 other probable causative agent of AIDS, viral hepatitis, or any other serious
21 infectious disease.
22 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 112 ENROLLED
1 E. For purposes of this Article:
2 (1) "Act" means spitting, biting, or scratching; the throwing of blood or other
3 bodily substances by any means; and any other method of intentional or non-
4 intentional exposure to blood or other bodily substances.
5 (1)(2) "Law enforcement officer" means a commissioned police officer,
6 sheriff, deputy sheriff, marshal, deputy marshal, correctional officer, constable,
7 wildlife enforcement agent, probation and parole officer, or any officer of the court.
8 "Law enforcement officer" includes a civilian employee of the Louisiana State Police
9 Crime Laboratory or any other forensic laboratory while engaged in the performance
10 of the employee's lawful duties. "Law enforcement officer" also includes any
11 licensed emergency medical services practitioner as defined by R.S. 40:1131 and any
12 firefighter regularly employed by a fire department of any municipality, parish, or
13 fire protection district of the state or any volunteer firefighter of the state.
14 (2) "Act" is spitting, biting, or scratching, or the throwing of blood or other
15 bodily substances by any means.
16 * * *
17 G. If the person tested under the provisions of this Article tests positive for
18 a sexually transmitted disease, AIDS, HIV, HIV-1 antibodies, any other probable
19 causative agent of AIDS, viral hepatitis, or any other serious infectious disease, the
20 court shall inform that person of available counseling, health care healthcare, and
21 support services.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.