Delaware § 3916 Petition and hearing

Delaware Statutes

§ 3916 — Petition and hearing

Delaware·Title 11·Part Criminal Procedure Generally·Ch. 39 SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING·Subch. Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers

(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.

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