People v. McVickers

Opinion

MOSK, J.

—Penal Code section 1202.1 (hereafter section 1202.1) requires every person convicted of rape, statutory rape, spousal rape, sodomy, or oral copulation to submit to a blood test for evidence of acquired immune deficiency syndrome (AIDS). The statute (§ 1202.1, subd. (c)) allows a positive test result to be used to enhance the sentence for a subsequent conviction of any of the crimes listed above (see Pen. Code, § 12022.85).

We granted review in this case to determine whether the application of section 1202.1 to a defendant whose offense was committed prior to the statute’s…