2005 Arizona Revised Statutes - Revised Statutes §13-1210  Assaults on officers or fire fighters; disease testing; petition; hearing; notice; definition

A. A law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter, emergency medical technician or the employing agency, officer or entity may petition the court for an order authorizing testing of another person for the human immunodeficiency virus, common blood borne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and either of the following applies:

1. The person is charged in any criminal complaint and the complaint alleges that the person interfered with the official duties of the law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter or emergency medical technician by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter or emergency medical technician.

2. There is probable cause to believe that the person interfered with the official duties of the law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter or emergency medical technician by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of the law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter or emergency medical technician and that the person is deceased.

B. The court shall hear the petition promptly. If the court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred between the person and the law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter or emergency medical technician, the court shall order that either:

1. The person provide two specimens of blood for testing.

2. If the person is deceased, the medical examiner draw two specimens of blood for testing.

C. Notwithstanding subsection B, paragraph 2 of this section, on written notice from the agency, officer or entity employing the law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter or emergency medical technician, the medical examiner is authorized to draw two specimens of blood for testing during the autopsy or other examination of the deceased person's body. The medical examiner shall release the specimen to the employing agency, officer or entity for testing only after the court issues its order pursuant to subsection B, paragraph 2 of this section. If the court does not issue an order within thirty days after the medical examiner collects the specimen, the medical examiner shall destroy the specimen.

D. Notice of the test results shall be provided as prescribed by the department of health services to the person tested, to the law enforcement officer, probation officer, surveillance officer, correctional service officer, detention officer, private prison security officer, fire fighter or emergency medical technician named in the petition and to the officer's, fire fighter's or emergency medical technician's employing agency, officer or entity and, if the person tested is incarcerated or detained, to the officer in charge and the chief medical officer of the facility in which the person is incarcerated or detained.

E. Section 36-665 does not apply to this section.

F. For the purposes of this section, "private prison security officer" means a security officer who is employed by a private contractor that contracts with a governmental entity to provide detention or incarceration facility services for offenders.