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2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 39. Sentence, Judgment, Execution and Mandatory Testing
Subchapter III Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers
§ 3916 Petition and hearing.
Universal Citation:
11 DE Code § 3916 (2019)
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(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, ยง 1.
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