04/12/2005 03:10 PM House FIN

HOUSE BILL NO. 210                                                                                                            
                                                                                                                                
     An Act relating to blood testing of certain persons                                                                        
     alleged to have committed certain offenses directed                                                                        
     toward peace officers or emergency workers.                                                                                
                                                                                                                                
REPRESENTATIVE  LESIL MCGUIRE,  SPONSOR, stated  that HB  210                                                                   
takes policies  and procedures  for testing  for blood  borne                                                                   
pathogen exposure  to correctional  officers that  was passed                                                                   
          rd                                                                                                                    
by  the 23   Alaskan Legislature  and expands  it to  include                                                                   
peace officers,  firefighters, emergency medical  technicians                                                                   
and mobile paramedics.                                                                                                          
                                                                                                                                
The bill first establishes procedures  for determining if the                                                                   
first responders  were  exposed to blood  borne pathogens  in                                                                   
the course  of their work.   Once it is reasonably  concluded                                                                   
that such  exposure has  occurred, the  bill sets  procedures                                                                   
for  obtaining the  consent  of the  person  who exposed  the                                                                   
first  responder   to  have  their   blood  tested.     These                                                                   
procedures  protect the  identity  of the  person tested  and                                                                   
pass on only the  results of the test to the  first responder                                                                   
exposed to  the blood  borne pathogens.   The results  of the                                                                   
test are also passed on to the person tested.                                                                                   
                                                                                                                                
Representative  McGuire  noted that  the  bill also  provides                                                                   
procedures  for  court  ordered  testing of  the  person  who                                                                   
exposed the first responder to  blood borne pathogens if that                                                                   
person refuses  to be tested.   The  bill does not  enact any                                                                   
new policies or procedures for  blood borne pathogen testing.                                                                   
                                                                                                                                
4:54:40 PM                                                                                                                    
                                                                                                                                
Representative  McGuire continued  comments.  She  referenced                                                                   
Page  4, Section  3, which  is the  area that  has been  most                                                                   
questionable.   She thought  that the  process had  been well                                                                   
thought out.   The definition  of a juvenile offender  can be                                                                   
found in Title  47: "A delinquent minor is  someone under the                                                                   
age  of 18  and  who  is determined  by  the  Court  to be  a                                                                   
delinquent  minor as a  result of  violating criminal  law of                                                                   
the State of municipality".                                                                                                     
                                                                                                                                
4:56:40 PM                                                                                                                    
                                                                                                                                
Vice-Chair Stoltze  asked if there was any  ambiguity between                                                                   
a juvenile  and a delinquent  minor.  Representative  McGuire                                                                   
stated there was not.                                                                                                           
                                                                                                                                
4:58:34 PM                                                                                                                    
                                                                                                                                
OFFICER  MIKE  COUTURIER,  (TESTIFIED   VIA  TELECONFERENCE),                                                                   
VICE-PRESIDENT,   ANCHORAGE   POLICE   DEPARTMENT   EMPLOYEES                                                                   
ASSOCIATION, ANCHORAGE, spoke  in support of the legislation.                                                                   
The bill would provide for the  testing of an officer and the                                                                   
individual exposed.   The provisions follow  those from other                                                                   
states.                                                                                                                         
                                                                                                                                
5:00:02 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault  questioned   if  probation  officers  are                                                                   
included   under   the   definition    of   Peace   Officers.                                                                   
Representative McGuire stated  that language on Page 7, Lines                                                                   
4-8, indicates they would be covered.                                                                                           
                                                                                                                                
                                                                                                                                
Representative  Holm inquired if  officers would  be required                                                                   
to be tested.  Representative  McGuire did not think that any                                                                   
officer had refused to be tested.                                                                                               
                                                                                                                                
5:02:11 PM                                                                                                                    
                                                                                                                                
Officer Couturier  explained that the policy  was testing for                                                                   
exposure to bodily  fluids.  He pointed out  that HIV testing                                                                   
actually  takes 72  hours and  that  he could  not imagine  a                                                                   
police office refusing the test.                                                                                                
                                                                                                                                
Representative  Foster   MOVED  to  report  HB   210  out  of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  210 (JUD)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation and  with zero  note #1  by the  Alaska                                                                   
Court System, zero note #2 by  the Department of Corrections,                                                                   
zero note  #3 by the  Department of Law  and zero note  #4 by                                                                   
the Department of Public Safety.