2010 Utah Code
Title 76 - Utah Criminal Code
Chapter 05 - Offenses Against the Person
76-5-502 - Mandatory testing -- Liability for costs.

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