23A-35B-6. Testing or counseling for officer upon possible exchange of bodily fluids with suspect.
Any law enforcement officer who has reason to believe that in a crime of violence case, an assault, a violation of chapter 32-23 or a case of resisting arrest, or in an equivalent juvenile delinquency adjudication, there may have been an exchange of blood or other bodily fluids from the defendant or the juvenile to the officer, the officer may request that the Department of Health provide counseling, testing for infection by blood-borne pathogens, and referral for appropriate health care and support services to the officer through its public health services. Such referral does not include any requirement that the Department of Health bear any responsibility for provision of such health care or support services to the officer.
Source: SL 1992, ch 172, §2; SL 1993, ch 184, §6.
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.