76-10-1314 - Examination of testing procedures and results in legal proceedings.
76-10-1314. Examination of testing procedures and results in legal proceedings.
(1) Employees of the laboratory who conduct laboratory analysis of blood samples forpresence of antibody to HIV provided pursuant to a request by a law enforcement agency or theDepartment of Corrections under Section 76-10-1311, may be examined in a legal proceeding ofany 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 Section76-10-1309 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