US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Delaware Code » Title 11 - Crimes and Criminal Procedure » Part II » 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.

§ 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 […]

§ 3916. Petition and hearing.

§ 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 […]

§ 3917. Notice provided.

§ 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 […]

§ 3918. Positive results; counseling; costs.

§ 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 […]