California Penal Code Section 1202.6
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California Laws > Penal Code > California Penal Code Section 1202.6
1202.6. (a) Notwithstanding Sections 120975, 120980, and 120990 of
the Health and Safety Code, upon the first conviction of any person
for a violation of subdivision (b) of Section 647, the court shall,
before sentencing or as a condition of probation, order the defendant
to complete instruction in the causes and consequences of acquired
immune deficiency syndrome (AIDS) pursuant to subdivision (d) and
shall order the defendant to submit to testing for AIDS in accordance
with subdivision (e). In addition, the court shall refer a
defendant, where appropriate, to a program under Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code or to any drug diversion
program, or both.
(b) Upon a second or subsequent conviction of a violation of
subdivision (b) of Section 647, the court shall, before sentencing,
order the defendant to submit to testing for AIDS in accordance with
(c) At the sentencing hearing of a defendant ordered to submit to
testing for AIDS pursuant to subdivision (a) or (b), the court shall
furnish the defendant with a copy of the report submitted pursuant to
subdivision (e) and shall direct the clerk to note the receipt of
the report by the defendant in the records of the case.
If the results of the test described in the report are positive,
the court shall make certain that the defendant understands the
nature and meaning of the contents of the report and shall further
advise the defendant of the penalty established in Section 647f for a
subsequent violation of subdivision (b) of Section 647.
(d) The county health officer in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education. The county health officer shall endeavor to select an
agency, or agencies, that currently provide AIDS prevention education
programs to substance abusers or prostitutes. If no agency is
currently providing this education, the county agency responsible for
substance abuse shall develop an AIDS prevention education program
either within the agency or under contract with a community-based,
nonprofit organization in the county. The county health officer shall
forward to the courts a list of agencies selected for purposes of
An AIDS prevention education program providing services, at a
minimum, shall include details about the transmission of human
immunodeficiency virus (HIV), the etiologic agent for AIDS, symptoms
of AIDS or AIDS-related conditions, prevention through avoidance or
cleaning of needles, sexual practices that constitute high risk, low
risk, and no risk (including abstinence), and resources for
assistance if the person decides to take a test for the etiologic
agent for AIDS and receives a positive test result. The program also
shall include other relevant medical and prevention information as it
(e) The court shall order testing of every defendant as ordered
pursuant to subdivision (a) or (b) for evidence of antibodies to the
probable causative agent of acquired immune deficiency syndrome.
Notwithstanding Section 120980 of the Health and Safety Code, written
copies of the report on the test shall be furnished to both of the
(1) The court in which the defendant is to be sentenced.
(2) The State Department of Health Services.
(f) Except as provided in subdivisions (c) and (g), the reports
required by subdivision (e) shall be confidential.
(g) The State Department of Health Services shall maintain the
confidentiality of the reports received pursuant to subdivision (e),
except that the department shall furnish copies of any report to a
district attorney upon request.
Last modified: February 22, 2013