office of aids

HIV Laws: HIV and the Criminal Justice System

Disclaimer: The information provided on this website is for informational purposes only and does not constitute legal advice. Fact sheets and Letters were developed based on the current law at the time, so please be advised of changes to law and verify relevance of resources before relying on older materials.

Criminal Violations and Penalties

Criminal Violations Under Administration of Communicable Disease Prevention and Control (HSC Div 105, Part 1, Chapter 4)
Criminal Violations for Disclosing Test Results of Incarcerated Persons (PEN Section 7540)
SB 283 (2021) Life and Disability Income Insurance: HIV Tests | Regarding life or disability income insurers requiring an HIV test of an applicant. Makes changes to penalty provisions associated with prohibited disclosure of test results.
SB 239 (2017) Infectious and Communicable Diseases: HIV and AIDS: Criminal Penalties | Fact Sheet: SB 239 (2017) (PDF)

Court-Ordered HIV Testing and Disclosure Responsibilities

Circumstance	Code	Responsibilities
Persons convicted of sex offenses, other than prostitution	PEN Section 1202.1, HSC Sections 121055, and 121065*	Testing: Licensed medical lab Disclosure: Local health officer
Officer or detention facility staff exposure to HIV from a person being arrested	HSC Sections 121060, 121060.1, and 121065*	Testing: Licensed medical lab Disclosure: Licensed medical lab
Persons charged with a crime	PEN Section 1524.1	Testing: Local health officer Disclosure: Local health officer
Individuals in custody	PEN Sections 7500–7505 PEN Sections 7510–7519 HSC Section 121070	Testing: Chief medical officer Disclosure: Chief medical officer
Wards of the Department of Youth Authority	WIC Section 1768.9	Testing: Department of Youth Authority Disclosure: Department of Youth Authority