76-5d-105. Examination of testing procedures and results in legal proceedings.
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Effective 5/7/2025
76-5d-105. Examination of testing procedures and results in legal proceedings.
(1)Employees of a 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 76-5d-103 , may be examined in a legal proceeding of any kind or character as to:
(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 individual 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 76-5d-212 , engaging in prostitution or sexual solicitation as an HIV positive offender.
Renumbered and Amended by Chapter 173 , 2025 General Session
Renumbered and Amended by Chapter 174 , 2025 General Session