26-17-508
Section 26-17-508 Genetic testing when specimens not available. (a) Subject to subsection (b), if a genetic-testing specimen is not available from an individual who may be the mother or the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing: (1) the parents of the individual; (2) brothers and sisters of the individual; (3) other children of the individual and their other parent; and (4) other relatives of the individual necessary to complete genetic testing. (b) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the person sought to be tested. (Act 2008-376, p. 666, §2.)...
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26-17-503
Section 26-17-503 Requirements for genetic testing. (a) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by: (1) the American Association of Blood Banks, or a successor to its functions; (2) the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or (3) an accrediting body designated by the federal Secretary of Health and Human Services. (b) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing. (c) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the...
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25-5-335
require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding the foregoing, if an employee voluntarily entered the program, follow-up testing shall not be required. If follow-up testing is conducted, the frequency of the testing shall be at least once a year for a two-year period after completion of the program and advance notice of the testing date shall not be given to the employee. (5) If the employee has caused or contributed to an on-the-job injury which resulted in a loss of work time, the employer shall require the employee to submit to a substance abuse test. (b) Nothing in this article shall prohibit a private employer from conducting random testing or other lawful testing of employees. (c) All specimen collection and testing under this article shall be performed in accordance with the following procedures: (1) A specimen shall be collected with due regard to the privacy of the individual providing the specimen, and in a manner...
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26-17-511
Section 26-17-511 Confidentiality of genetic testing. An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a Class A misdemeanor. (Act 2008-376, p. 666, §2.)...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional testing; access to results; post-test counseling. (a)(1) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime where the victim was compelled to engage in sexual activity by force or threat of force and the transmission of body fluids was involved. (2) If a warrant, information, or indictment has been issued and the defendant is in custody or has been served with the warrant, information, or indictment, the test shall be performed within 48 hours of service of the court order requiring the defendant to submit to testing. (b) When a test is ordered under Section 15-23-101, the victim of the crime or a parent or...
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26-17-624
Section 26-17-624 Temporary order. (a) In a proceeding under this article, upon a motion by a party the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) identified as the father through genetic testing under Section 26-17-505; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father of the child; or (6) the mother of the child. (b) A temporary order may include provisions for custody and visitation as provided by other law of this state. (Act 2008-376, p. 666, §2.)...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment or awaiting execution of a sentence of death, through written motion to the circuit court that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic acid testing on specific evidence, if that evidence was secured in relation to the investigation or prosecution that resulted in the conviction of the applicant, is still available for testing as of the date of the motion, forensic DNA testing was not performed on the case at the time of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate the convicted individual's factual innocence of the offense convicted. The filing of a motion as provided in this subsection shall not automatically stay an execution. (b) Upon receipt of a motion for DNA testing, the circuit court shall...
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30-3-197
Section 30-3-197 Authorized actions; safeguards. (a) Provided that no actions are pending before any circuit and district court of this state, the state Title IV-D agency may take the following actions related to establishment of paternity or to the establishment, modification, or enforcement of support orders, without the necessity of obtaining an order from any other judicial or administrative tribunal, or in furtherance of any existing order, and to recognize and enforce the authority of the state Title IV-D agencies of other states of the following actions: (1) To order genetic testing for the purpose of paternity establishment. (2) To subpoena any financial or other information needed to establish, modify, or enforce a support order, and to impose penalties for failure to respond to a subpoena. (3) To require all entities in the state, including for profit, nonprofit, and governmental employers, to provide promptly, in response to a request by the state Title IV-D agency of this...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose behavior indicates that he or she is mentally incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others, or who, because of physical or mental impairment, is unable to protect himself or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has no guardian, relative, or other appropriate person able, willing, and available to assume the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER. An individual who has the responsibility for the care of a protected...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on the merits of the petition in accordance with subsection (d) within 90 calendar days of the date the petition was filed. The court, for good cause, may extend the time within which it must rule on the petition by order entered prior to the expiration of the initial 90-day period. (b) If the court determines that a hearing is not necessary, the court may rule without a hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by the trial judge and may include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition, the court may consider the following factors, in addition to the information contained in the postsentence report: (1) The nature and seriousness of the offense....
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