23-5B-13. Effect of match between DNA sample and DNA evidence.
If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall:
(1)Deny the petitioner relief; and
(2)On motion of the state:
(a)Assess the petitioner the cost of any DNA testing carried out pursuant to this chapter; and
(b)Order that the finding be forwarded to the South Dakota Board of Pardons and Paroles so that the board may consider the finding in reviewing any subsequent parole application submitted by the petitioner.
Source: SL 2009, ch 120, ยง13.
Structure South Dakota Codified Laws
Chapter 05B - DNA Testing Of Persons Convicted Of Felonies
Section 23-5B-1 - Order upon motion for DNA testing of person convicted of felony--Requirements.
Section 23-5B-2 - Notice to attorney general and state's attorney of motion for testing--Response.
Section 23-5B-4 - Petitioner may retain counsel.
Section 23-5B-5 - Preservation of evidence in state custody.
Section 23-5B-6 - Testing laboratory.
Section 23-5B-7 - Testing by agreement.
Section 23-5B-8 - Disclosure of test results.
Section 23-5B-9 - Submission of test results to State DNA Database.
Section 23-5B-10 - Inconclusive test results or match between DNA sample and DNA evidence.
Section 23-5B-11 - Match between DNA sample and other offense.
Section 23-5B-12 - Denial of relief upon inconclusive test results.
Section 23-5B-13 - Effect of match between DNA sample and DNA evidence.
Section 23-5B-14 - Sentencing in prosecution for false assertions.
Section 23-5B-15 - Motion for new trial where testing excludes petitioner as source of DNA evidence.