Delaware § 3916 Petition and hearing

Delaware Statutes

§ 3916 — Petition and hearing

Delaware § 3916

JurisdictionDelaware

Title11

PartCriminal Procedure Generally

Ch. 39SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING

Subch.Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers

This text of Delaware § 3916 (Petition and hearing) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 3916 (2026).

Text

(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.

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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.