§ 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