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AB 229

Criminal procedure: Sexually transmitted disease testing.

2025-2026 Regular Session Introduced by Laurie Davies

AB 229 lets courts order testing for a broad range of STDs on the accused to inform victims, protect privacy, and bar results from charging decisions.

In committee: Held under submission.
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Bill Summary · AB 229

AB 229 — Criminal procedure: Sexually transmitted disease testing

Status: In committee — Held under submission (Assembly Appropriations)
Introduced: January 13, 2025 (Author: Davies)

Purpose / intent

AB 229 expands existing procedures that let crime victims request court-ordered testing of an accused person for HIV so victims can know whether they were exposed. The bill broadens the scope to permit testing for a range of sexually transmitted diseases (STDs) and clarifies who may exercise victim rights when the victim is a minor or legally represented. The Legislature states the goal is to inform and protect the health of victims (and accused persons) while preserving confidentiality and limiting the use of results in charging decisions.

Key provisions

  • Expands authorized testing: A court may issue a search warrant to obtain samples (blood, oral mucosal transudate/saliva, urine, rectal/urethral/cervical discharge) from an accused for testing for any sexually transmitted disease, not only HIV. Example STDs named: chlamydia, gonorrhea, hepatitis, herpes, HIV, HPV, trichomoniasis, and syphilis.
  • Victim representation: The parent or guardian of a minor victim or a legal representative of a victim may exercise the rights in this statute (including requesting testing, receiving, and disclosing results).
  • Expands covered offenses: The provision allowing testing when the victim of an uncharged sexual offense requests it (even if the defendant is charged with a separate sexual crime) is broadened to include engaging in sexual acts with a child under 10 and sex with a person confined to a health facility or detention facility, in addition to the list of specified Penal Code sections already enumerated.
  • Procedural safeguards: A court may order testing only after finding probable cause (at a hearing or when a preliminary hearing is not required). Hearings associated with warrant requests allow both victim and defendant to be present; admissible evidence at such hearings is limited to affidavits, counter‑affidavits, and medical reports relevant to the request.
  • Confidentiality and limits: The statute continues to prohibit use of testing/disclosure for charging decisions and preserves specified health‑privacy protections except where the statute expressly permits disclosure; improper disclosure remains a criminal offense under existing law.
  • Implementation note: The bill is identified as creating a state‑mandated local program (by expanding the definition of a crime) but includes a provision stating no state reimbursement is required for specified reasons.

Who is affected

  • Crime victims (including minors) and their parents/guardians or legal representatives
  • Accused persons subjected to court‑ordered STD testing
  • Prosecutors, courts, and local health officers (statutory duties include advising victims and referrals)
  • Local agencies that implement the warrant/testing process (fiscal/program impacts noted)

Legislative/procedural timeline

  • Introduced Jan 13, 2025
  • Referred to Assembly Public Safety; amended and passed out of committee (Do pass, 8–0) March 4, 2025
  • Re‑referred to Assembly Appropriations; set for first hearing Apr 9, 2025 (suspense file)
  • May 23, 2025: In committee — Held under submission

Fiscal and administrative notes

  • Fiscal committee review required (Fiscal Committee: YES). Appropriation: NO. Local Program: YES.
  • The bill states that no state reimbursement is required for certain mandated local costs (per referenced constitutional/state rules).

Compiled from official sources — confirm details with the bill’s official record.

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