| (1) |
Employees of the laboratory who conduct laboratory analysis of blood samples for presence of antibody to HIV provided pursuant to a request by a law enforcement agency or the Department of Corrections under Section 76-10-1311, may be examined in a legal proceeding of any kind or character as to:
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Terms Used In Utah Code 76-10-1314- Conduct: means an act or omission. See Utah Code 76-1-101.5
- Conviction: A judgement of guilt against a criminal defendant.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
the nature of the testing; |
| (b) |
the validity of the testing; |
| (c) |
the results of the test; |
| (d) |
the HIV positivity or negativity of the person tested; |
| (e) |
the evidentiary chain of custody; and |
| (f) |
other factors relevant to the prosecution, subject to the court’s ruling. |
|
| (2) |
This section applies only to the criminal investigation and prosecution under Section 76-10-1309 which permits enhanced penalties upon a subsequent conviction for:
| (b) |
patronizing a prostitute, Section 76-10-1303; or |
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Enacted by Chapter 179, 1993 General Session
