23-5B-5. Preservation of evidence in state custody.
Upon receiving notice from the court that a written motion has been made, the attorney general or the state's attorney who prosecuted the case, shall take all reasonable actions necessary to ensure that all evidence which was collected in connection with the investigation or prosecution of the case, and which remains in the actual or constructive custody of the state or any of its political subdivisions, is preserved pending completion of the proceedings under this chapter.
Source: SL 2009, ch 120, ยง5.
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.