23A-35B-12. Petition for release of test results--Hearing.
Any person who may have had sexual relations with or otherwise exchanged bodily fluids with the tested person may petition the court to receive the results of the HIV test. The petition shall state that the petitioner believes there was an exchange of blood, semen, or other bodily fluids with the tested person and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the petitioner and the tested person may be present. If the court finds probable cause that there was an exchange of blood, semen, or other bodily fluids, the court may issue an order releasing the test results to the petitioner.
Source: SL 2012, ch 134, ยง5.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 35B - Blood-Borne Pathogen Testing Of Defendants, Juveniles, And Source Individuals
Section 23A-35B-1 - Definitions.
Section 23A-35B-2 - Victim's request for testing of self.
Section 23A-35B-4 - Testing procedure--Notification of victim as to results--Payment for testing.
Section 23A-35B-5 - Confidentiality--Test results unavailable to establish guilt or innocence.
Section 23A-35B-9 - Time for HIV testing.
Section 23A-35B-10 - Convicted person to pay cost of testing.
Section 23A-35B-11 - Confidentiality of test results.
Section 23A-35B-12 - Petition for release of test results--Hearing.
Section 23A-35B-13 - Test results not to be used in criminal prosecution--Confidentiality.