Louisiana Code of Criminal Procedure Article 221 governs blood and saliva testing of persons charged with certain serious offenses. Because this biological evidence can be powerful, the conditions under which it may be collected and used deserve careful defense scrutiny.
What the Statute Says
Art. 221. Blood and saliva testing
A.(1) Following arrest if an offender is charged by bill of information
or indicted by a grand jury for intentionally exposing a police officer to AIDS
virus as defined in R.S. 14:43.5, or battery upon a police officer as defined in
R.S. 14:34.2, the police officer may be tested to determine whether the police
officer is infected with a sexually transmitted disease, or is infected with
acquired immune deficiency syndrome (AIDS), the human immunodeficiency
virus (HIV), HIV-1 antibodies, or any other probable causative agent of AIDS,
or other infectious disease resulting from this exposure, or viral hepatitis.
(2) For purposes of this Article, “police officer” means a commissioned
police officer, sheriff, deputy sheriff, marshal, deputy marshal, correctional
officer, constable, wildlife enforcement agent, and probation and parole
officer.
B.(1) If testing is requested by the police officer, as provided in
Paragraph A of this Article, the testing shall be performed at a state hospital
or other facility as determined by the Louisiana Department of Health or as
provided by law.
(2) If the police officer tested under the provisions of this Paragraph
tests positive for AIDS, HIV, HIV-1 antibodies, or any other probable
causative agent of AIDS, viral hepatitis, or other infectious disease, the police
officer, upon request, shall be provided with the following services:
(a) Counseling regarding HIV, viral hepatitis, or other infectious
disease.
(b) Referral to appropriate health care and support services. These
services shall be provided in accordance with applicable state law and the
regulations governing the specific programs under which the services are to be
provided.
(3) The cost associated with this testing and services shall be paid by
the employing law enforcement agency of the police officer. The agency may
[Excerpt — see the full text at the official source linked below.]
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 221 Matters to Your Defense
Article 221 matters because the collection of blood and saliva is a bodily intrusion tied to specific charges and procedures. Whether the statute’s conditions were met — the charge, the timing, and the manner of collection — can affect the admissibility of the resulting evidence.
As with all biological evidence, reliability turns on proper collection, handling, and analysis. Errors anywhere in that chain can be exploited by the defense.
How Our Attorneys Use Article 221
We confirm whether Article 221’s prerequisites were satisfied and we scrutinize the collection, chain of custody, and laboratory analysis of any sample. Our firm’s background in forensic DNA litigation is a meaningful advantage here.
Where the statutory conditions were not met or the evidence was mishandled, we move to exclude it. See our Louisiana criminal procedure overview for how sample evidence fits the case.
Frequently Asked Questions
Article 221 authorizes blood and saliva testing following arrest for certain specified offenses, subject to the statute’s conditions.
Yes. You can challenge whether the statutory conditions were met and whether the sample was properly collected, handled, and analyzed.
A break or error in the chain of custody can undermine the reliability of the evidence and provide grounds to challenge its admission.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves blood or saliva testing, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.