(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