Current through the 2024 Fourth Special Session
Section 76-10-1314 - Examination of testing procedures and results in legal proceedings(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: (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: (a) prostitution, Section 76-10-1302;(b) patronizing a prostitute, Section 76-10-1303; or(c) sexual solicitation, Section 76-10-1313.Enacted by Chapter 179, 1993 General Session