Bill Caption

Relating to the access to certain medical test results by a grand jury.

Fiscal Notes

No fiscal implication anticipated.

Bill Analysis

SB 779 would allow the state to issue subpoenas for medical records and test results for a criminal proceeding in certain cases. The bill would have added protection that before the test results may be admitted to a grand jury or a criminal proceeding, the court shall issue a protective order or take other action to limit its release.

Vote Recommendation Notes

5/24/2015 update:

No changes were made in House committee. 

First chamber recommendation:

This legislation is designed to enable the prosecution of a defendant who is charged with knowingly transmitting a deadly infectious disease to another person. In order for the grand jury to have the relevant information to decide whether or not to indict the defendant, they need to know whether the defendant knowingly transmitted the disease. The key piece of information to make that determination in some cases may be a medical test result which could prove the defendant knew himself or herself to be a carrier of the disease. The bill includes protections to ensure that subpoenaed medical test results are not unduly disclosed, and that the information is released only to the extent necessary to enter it into evidence. 

This legislation allows law enforcement to adequately prosecute a person charged with knowingly transmitting an infectious deadly disease while protecting the defendant's privacy to the extent possible in a public criminal trial.

Because an effective justice system is a necessary component of a limited government, we support SB 779.