Section 803 – Voluntary testing — Victim to request — Costs paid by Utah Office for Victims of Crime.

• (1) A victim or minor victim of a sexual offense as provided under Title 76, Chapter 5, Part 4, Sexual Offenses, may request a test for the HIV infection.

• (2)
  • (a) The local health department shall obtain the blood specimen from the victim and forward the specimen to the Department of Health.
  • (b) The Department of Health shall analyze the specimen of the victim.

• (3) The testing shall consist of a base-line test of the victim at the time immediately or as soon as possible after the alleged occurrence of the sexual offense. If the base-line test result is not positive, follow-up testing shall occur at three months and six months after the alleged occurrence of the sexual offense.

• (4) The Crime Victim Reparations Fund shall pay for the costs of the victim testing if the victim provides a substantiated claim of the sexual offense, does not test HIV positive at the base-line testing phase, and complies with eligibility criteria established by the Utah Office for Victims of Crime.

Renumbered and Amended by Chapter 430, 2022 General Session