Victim HIV Testing

Under the current Utah Code 76-5-503 a victim of a crime can request that they be tested for the HIV infection or AIDS. Making such a request the local health department will obtain a blood specimen and forward that specimen to the Department of Health to be analyzed. As a criminal lawyer this is common for this to be done whenever there is a sexual offense involved. It must be a crime. Not just anyone can request an HIV infection scream at no cost from the Utah state government. Under this code section the costs are paid by the Utah office for victims of crime.

This code section also states that if the test comes back negative – meaning that the victim did not obtain HIV or AIDS; then, the local health department will continue testing at intervals of 3 months and 6 months after the sexual offense occurred.

This law came into effect in the state of Utah in 2011 as amended. Prior versions have been in 1993 and it was based from the 1953 edition of the Utah Code.

In Preparing this article for publication, we discovered that there is no current case law about this Utah code section. What this means is that no lawsuit has ever been brought to challenge the validity of this law and no lawsuit has cited to this law in the appeal courts. The only cross reference we note here is the Office for Victims of Crime in Utah which is located at Utah Code 51-9-404.

Utah Code Section 51-9-404 is the statute that authorizes the formation of the Crime Victims Reparations Fund. This is a special fund used to provide assistance to victims of crimes in the State of Utah. The state is authorized to incur surcharges and to use 35% of the monies contributed to this account for Crime Victims, 18.5% of the account for peace officer standards and training or POST and 3% for the Utah Prosecution Council.

This section has been altered over the years, as recently as 2014; but commenced in 1989. This section hasn’t had any case law that we could find either. This code sits as it stands with no modifications at this point.

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Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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