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Senate approves bill letting victims seek probable-cause HIV tests of alleged perpetrators, amid constitutional debate

Utah Senate · March 3, 2011
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

House Bill 324 was amended and approved on the Senate floor to allow a judge, on probable cause and when the judge finds the alleged victim was likely exposed, to order HIV testing of an alleged perpetrator before conviction. Senators raised medical-timing and Fourth Amendment concerns during debate.

The Senate passed House Bill 324 after adopting an amendment that clarified the standard for probable cause for post-assault HIV testing of alleged perpetrators.

Sponsor Senator Adams told colleagues the bill shortens the time before a perpetrator can be tested — currently testing cannot be required until after conviction — and permits a judge, upon signing an arrest warrant or pickup order based on probable cause and finding that…

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