South Dakota Codified Laws
Chapter 05A - DNA Samples
Section 23-5A-31 - Failure to expunge not grounds for invalidation.

23-5A-31. Failure to expunge not grounds for invalidation.
Any identification, warrant, probable cause to arrest, or arrest based upon a database match is not invalidated due to a failure to expunge or a delay in expunging records.

Source: SL 2003, ch 133, ยง31.

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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.