South Dakota Codified Laws
Chapter 05A - DNA Samples
Section 23-5A-22 - Confidentiality of records--Disclosure prohibited.

23-5A-22. Confidentiality of records--Disclosure prohibited.
Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory pursuant to this chapter is confidential and may not be disclosed to or shared with any person or agency unless disclosure is authorized by this chapter.

Source: SL 2003, ch 133, ยง22.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23 - Law Enforcement

Chapter 05A - DNA Samples

Section 23-5A-1 - Definition of terms.

Section 23-5A-2 - Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.

Section 23-5A-3 - Duties of State Forensic Laboratory.

Section 23-5A-4 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.

Section 23-5A-5 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.

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-6 - Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample.

Section 23-5A-7 - Interjurisdictional provisions to provide DNA sample.

Section 23-5A-8 - Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application.

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-15 - Mistaken collection or placement of sample does not invalidate sample's use in database.

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-19 - Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution.

Section 23-5A-20 - Revocation of license of public DNA laboratory.

Section 23-5A-21 - Third party contractors--Subject to restrictions and requirements of this chapter.

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-26 - Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony.

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.