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Sponsor to rewrite HIV‑testing provision after defense counsel raises legal concerns
Summary
A bill change required by a Department of Justice grant would let a victim request an HIV test of a charged defendant within 48 hours of information/indictment; defense counsel warned it removes judicial discretion and risks irrelevant collection of health data. Sponsor agreed to work with opponents and return next week.
Senator Hammer and Will Gruber told the Judiciary Committee the measure stems from federal grant language: unless state law allows a victim to request that a defendant be tested for HIV "not later than 48 hours" after information or indictment, the jurisdiction risks losing 5 percent of certain DOJ grant funds. Gruber said the grant at issue is worth roughly $933,000; without the statutory change the county would lose about $46,000 of that award.
Gruber said the existing statute…
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