Utah Code 76-10-1314. Examination of testing procedures and results in legal proceedings
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(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:
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
(1)(a) the nature of the testing;
(1)(b) the validity of the testing;
(1)(c) the results of the test;
(1)(d) the HIV positivity or negativity of the person tested;
(1)(e) the evidentiary chain of custody; and
(1)(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:
(2)(a) prostitution, Section 76-10-1302 ;
(2)(b) patronizing a prostitute, Section 76-10-1303 ; or
(2)(c) sexual solicitation, Section 76-10-1313 .