76-5-502. Mandatory testing -- Liability for costs.
(1) (a) A person who has entered a plea of guilty, a plea of no contest, a plea of guilty
and mentally ill, a plea of not guilty by reason of insanity or been found guilty for violation of a
sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part 4, or a juvenile who
is adjudicated to have violated or attempted to violate state law prohibiting a sexual offense under
Title 76, Chapter 5, Part 4, shall be required to submit to a mandatory test upon the request of a
victim or the parent or legal guardian of the minor victim or victim of a sexual offense within six
months of conviction to determine if the offender is an HIV positive individual.
(b) The court shall order the convicted sexual offender to submit to the test upon
sentencing or as a condition of probation. The order to the convicted sexual offender shall not
include the identity and address of the victim requesting the test. The court shall forward the
order to the Department of Health, including separate information about the victim's identity and
address for notification and counseling purposes.
(2) If the mandatory test has not been conducted, and the convicted offender or
adjudicated juvenile is already confined in a county jail, state prison, or a secure youth
corrections facility, the person shall be tested while in confinement.
(3) The secure youth corrections facility or county jail shall cause the blood specimen of
the offender as defined in Subsection (1) confined in that facility to be taken and shall forward the
specimen to the Department of Health.
(4) The Department of Corrections shall cause the blood specimen of the offender
defined in Subsection (1) confined in any state prison to be taken and shall forward the specimen
to the Department of Health as provided in Section 64-13-36.
(5) The person tested shall be responsible for the costs of testing, unless the person is
indigent. The costs will then be paid by the Department of Health from the General Fund.
Enacted by Chapter 40, 1993 General Session
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Last revised: Wednesday, July 23, 2008