New Jersey Section 2C:24-7 – Endangering the welfare of an incompetent person
New Jersey Section 2C:43-2.3 – Orders for certain serological testing required under certain circumstances
New Jersey law Section 2C:43-2.3 covers orders for certain serological testing that may be required in certain circumstances. This law can apply when someone is convicted of certain offenses like aggravated sexual assault or sexual assault – the court may order testing for HIV and other diseases. There’s a lot to unpack here so let’s break it down into the key things you need to know.
What is serological testing?
Serological testing checks blood serum for antibodies or antigens related to certain infections. It can be used to diagnose diseases like HIV, hepatitis, syphilis, etc. The tests look for markers that show if someone has been exposed to or infected with a particular disease.
When can the court order testing?
The court can order serological testing if someone is convicted of certain offenses, including:
- Aggravated sexual assault
- Sexual assault
- Aggravated criminal sexual contact
- Criminal sexual contact
So if someone is found guilty of those crimes, the judge has the option to order testing for infectious diseases.
What diseases may be tested for?
The law specifically allows testing for the following diseases:
- HIV
- Hepatitis B
- Syphilis
- Gonorrhea
The court can order blood tests to check if the convicted offender has any of those infections. HIV and hepatitis B testing are mandatory, while syphilis and gonorrhea testing are optional.
Who gets tested?
The law allows for testing of both the convicted offender as well as the victim. This allows the court to determine if the offender exposed the victim to or transmitted any diseases. For the victim, testing is optional and requires their consent.
What’s the process?
If the court orders testing, here’s the basic process:
- Tests are done on blood samples from the offender and victim (if consent given)
- Positive test results are reported to the court, offender, victim, and health dept
- Counseling on treatment options may be provided
- Test results can be used as evidence in future prosecutions
Offenders who refuse to provide samples may be held in contempt of court. Testing is usually done confidentially by a licensed health care facility.
What are the pros?
Supporters argue court-ordered disease testing has benefits like:
- Helping diagnose and treat victims
- Identifying infected offenders for treatment
- Preventing further spread of diseases
It can bring peace of mind to victims and helps inform treatment options. Testing offenders also gathers data on infection rates among certain populations.
What are the cons?
Critics argue there are downsides too:
- May violate offender privacy rights
- Risks further stigmatizing offenders living with diseases
- Raises ethical concerns around informed consent
Some say it imposes state power without enough due process protections. The offender bears the full cost too.
Key things to know
A few key takeaways about this New Jersey law:
- Applies to convictions for certain sex crimes
- Allows testing for HIV, hepatitis B, syphilis, gonorrhea
- Both victim and offender may be tested
- Balance of victim and offender rights debated
- Seeks to inform treatment and prevent spread of disease
While well-intentioned, court-ordered disease testing involves weighing individual rights against public health goals. This law aims to strike that balance in the context of serious sex offenses in New Jersey.