23-5A-2. Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.
There is hereby established under the administration of the South Dakota State Forensic Laboratory the State DNA Database and State DNA Databank. The South Dakota State Forensic Laboratory shall provide DNA records to the Federal Bureau of Investigation for the searching of DNA records nationwide and storage and maintenance by CODIS. The State DNA Databank shall serve as the repository for DNA samples obtained pursuant to this chapter. The State DNA Database shall be compatible with the procedures specified by the Federal Bureau of Investigation, including use of comparable test procedures, laboratory and computer equipment, supplies, and computer platform and software. The State DNA Database shall have the capability provided by computer software and procedures administered by the South Dakota State Forensic Laboratory to store and maintain DNA records related to:
(1)Crime scene evidence and forensic casework;
(2)Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this chapter;
(3)Unidentified persons or body parts;
(4)Relatives of missing persons; and
(5)Anonymous DNA profiles used for forensic validation, forensic protocol development, or quality control purposes or establishment of a population statistics database.
Source: SL 2003, ch 133, ยง2.
Structure South Dakota Codified Laws
Section 23-5A-1 - Definition of terms.
Section 23-5A-3 - Duties of State Forensic Laboratory.
Section 23-5A-5.1 - Registered sex offenders required to provide DNA sample.
Section 23-5A-5.2 - Adult arrested for qualifying offense required to provide DNA sample.
Section 23-5A-7 - Interjurisdictional provisions to provide DNA sample.
Section 23-5A-9 - Agencies or institutions may contract with third parties to collect samples.
Section 23-5A-10 - Fingerprints to be provided as identification of person.
Section 23-5A-11 - DNA samples to be forwarded to State Forensic Laboratory.
Section 23-5A-12 - Immunity from liability of persons collecting DNA samples.
Section 23-5A-13 - Reasonable force allowed in collection of DNA sample--Immunity from liability.
Section 23-5A-14 - Refusal to supply sample a felony.
Section 23-5A-16 - Promulgation of rules for collection, analysis, storage, etc.
Section 23-5A-17 - Permissible uses of DNA analyses.
Section 23-5A-18 - Uses of DNA samples remaining after analyses.
Section 23-5A-20 - Revocation of license of public DNA laboratory.
Section 23-5A-22 - Confidentiality of records--Disclosure prohibited.
Section 23-5A-23 - Records not public.
Section 23-5A-24 - Discovery rules govern access to DNA records.
Section 23-5A-25 - Release of record or sample for certain authorized purposes.
Section 23-5A-27 - Confidentiality of software and databases used by state laboratory.
Section 23-5A-28 - Request for expungement--Grounds.
Section 23-5A-29 - Expungement of record--Receipt of court order--Exception.
Section 23-5A-30 - Expungement not required if certain other evidence would be destroyed.
Section 23-5A-31 - Failure to expunge not grounds for invalidation.
Section 23-5A-32 - Liberal construction of chapter--Other laws.