TITLE 11


Crimes and Criminal Procedure


Criminal Procedure Generally


CHAPTER 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING


Subchapter III. Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers


§ 3915. Scope.


A person who is charged with any criminal offense in which it is alleged that the person interfered with the official duties
of a law-enforcement officer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the
skin or membranes of a law-enforcement officer is subject to a court order requiring testing for the human immunodeficiency
virus, any antibody to human immunodeficiency virus or hepatitis.


72 Del. Laws, c. 22, § 1.;


§ 3916. Petition and hearing.


(a) The law-enforcement officer or the employing agency or entity may petition the Superior Court for an order authorizing
testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus, or hepatitis. The Superior Court
shall hear the petition promptly.


(b) If the Court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluid occurred
between the person charged and the law-enforcement officer, the Court shall order that the person charged provide 2 specimens
of blood for testing.


72 Del. Laws, c. 22, § 1.;


§ 3917. Notice provided.


(a) Notice of the test results shall be provided as prescribed by the Division of Public Health to the person tested, as well
as to the law-enforcement officer named in the petition and to the officer's employing agency or entity, who shall otherwise
maintain the confidentiality of that information.


(b) The result of any test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100
of Title 29.


72 Del. Laws, c. 22, § 1.;


§ 3918. Positive results; counseling; costs.


(a) If the test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide
counseling to the law-enforcement officer and the person charged with the criminal offense regarding human immunodeficiency
virus disease, and referral for appropriate health care and support services.


(b) The cost of testing under this subchapter shall be paid by the person tested, unless the court has determined that person
is indigent.


72 Del. Laws, c. 22, § 1.;