76-10-1312 - Notice to offender of HIV positive test results. - Utah Statutes

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 hastested positive for the HIV infection shall be notified of the test results in person at thesentencing hearing in the presence of the judge and counsel only.
(2) Whenever practicable, prior to notification in the district court, the offender shall beserved personally with written notice by the local law enforcement agency at a meeting with alocal 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 onHIV infection and its effects.
(b) The local law enforcement agency shall arrange the time and place of notification andcounseling.
(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, patronizinga prostitute under Section 76-10-1303, or sexual solicitation under Section 76-10-1313 afterbeing tested and diagnosed as an HIV positive individual and receiving actual notice andpersonal written notice of the positive test results shall be guilty of a felony of the third degreepursuant to Section 76-10-1309."
(4) Upon conviction under Section 76-10-1309, and as a condition of probation, theoffender shall receive treatment and counseling for HIV infection and drug abuse as provided inTitle 62A, Chapter 15, Substance Abuse and Mental Health Act.

Amended by Chapter 8, 2002 Special Session 5