Utah Code § 76-5-501

Current with legislation effective through 5/2/2024

Section 76-5-501 - [Renumbered as 53-10-801] Definitions

For purposes of this part:

(1) "Alleged sexual offender" means a person or a minor regarding whom an indictment, petition, or an information has been filed or an arrest has been made alleging the commission of a sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, and regarding which:

(a) a judge has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and

(b) the judge has found probable cause to believe that the alleged victim has been exposed to conduct or activities that may result in an HIV infection as a result of the alleged offense.

(2) "Department of Health and Human Services" means the Department of Health and Human Services created in Section 26B-1-201.

(3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following:

(a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as Western blot or other method approved by the Utah State Health Laboratory. Western blot interpretation will be based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors;

(b) presence of HIV antigen;

(c) isolation of HIV; or

(d) demonstration of HIV proviral DNA.

(4) "HIV positive individual" means a person who is HIV positive as determined by the State Health Laboratory.

(5) "Local department of health" means a local health department as defined in Section 26A-1-102.

(6) "Minor" means a person younger than 18 years old.

(7) "Positive" means an indication of the HIV infection as defined in Subsection (3).

(8) "Sexual offense" means a violation of state law prohibiting a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses.

(9) "Test" or "testing" means a test or tests for HIV infection conducted by and in accordance with standards recommended by the Department of Health and Human Services.

Utah Code § 76-5-501

Amended by Chapter 255, 2022 General Session ,§ 103, eff. 7/1/2022.

Renumbered as § 53-10-801 by Chapter 430, 2022 General Session ,§ 13, eff. 5/4/2022.

This section is set out more than once due to postponed, multiple, or conflicting amendments.

Amended by Chapter 39, 2015 General Session ,§ 1, eff. 5/12/2015.

Amended by Chapter 177, 2011 General Session