23A-35B-9. Time for HIV testing.
After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for testing and forward them to the Department of Health. The Department of Health shall initiate the test for HIV within forty-eight hours after the department receives the blood sample. If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.
Source: SL 2012, ch 134, ยง2.
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.