23A-35B-5. Confidentiality--Test results unavailable to establish guilt or innocence.
All persons involved in carrying out the provisions of this chapter shall act in a manner that will protect the confidentiality of the victim, the source individual, and the defendant or juvenile, including sealing relevant court records. The results of the test for infection by blood-borne pathogens may not be used to establish a defendant's guilt or innocence of the charge and may not be used to determine a juvenile's status as a delinquent child.
Source: SL 1991, ch 203, §4; SL 1993, ch 184, §5; SL 2010, ch 132, §3.
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.