2006 Utah Code - 76-10-1312 — Notice to offender of HIV positive test results.

     76-10-1312.   Notice to offender of HIV positive test results.
     (1) A person convicted under Section 76-10-1302, 76-10-1303, or 76-10-1313 who has tested positive for the HIV infection shall be notified of the test results in person at the sentencing hearing in the presence of the judge and counsel only.
     (2) Whenever practicable, prior to notification in the district court, the offender shall be served personally with written notice by the local law enforcement agency at a meeting with a local law enforcement officer and a person from the state or county health department.
     (a) At that meeting, the offender shall be informed of the test results and counseled on HIV infection and its effects.
     (b) The local law enforcement agency shall arrange the time and place of notification and counseling.
     (3) The notice shall contain the following information:
     (a) the date of the test;
     (b) the positive test results;
     (c) the name of the HIV positive individual; and
     (d) the following language:
     "A person who has been convicted of prostitution under Section 76-10-1302, patronizing a prostitute under Section 76-10-1303, or sexual solicitation under Section 76-10-1313 after being tested and diagnosed as an HIV positive individual and receiving actual notice and personal written notice of the positive test results shall be guilty of a felony of the third degree pursuant to Section 76-10-1309."
     (4) Upon conviction under Section 76-10-1309, and as a condition of probation, the offender shall receive treatment and counseling for HIV infection and drug abuse as provided in Title 62A, Chapter 15, Substance Abuse and Mental Health Act.

Amended by Chapter 8, 2002 Special Session 5