South Dakota Codified Laws
Title 23 - Law Enforcement
Chapter 05A - DNA Samples

Section 23-5A-1 - Definition of terms. - 23-5A-1. Definition of terms. Terms used in this chapter mean:...

Section 23-5A-2 - Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities. - 23-5A-2. Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility...

Section 23-5A-3 - Duties of State Forensic Laboratory. - 23-5A-3. Duties of State Forensic Laboratory. The South Dakota State...

Section 23-5A-4 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample. - 23-5A-4. Persons required to provide DNA sample--Retroactivity of requirement. Any...

Section 23-5A-5 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample. - 23-5A-5. Persons convicted or adjudicated delinquent for qualifying offense required...

Section 23-5A-5.1 - Registered sex offenders required to provide DNA sample. - 23-5A-5.1. Registered sex offenders required to provide DNA sample. Any...

Section 23-5A-5.2 - Adult arrested for qualifying offense required to provide DNA sample. - 23-5A-5.2. Adult arrested for qualifying offense required to provide DNA...

Section 23-5A-6 - Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample. - 23-5A-6. Incarcerated or supervised persons to provide DNA sample--Release contingent...

Section 23-5A-7 - Interjurisdictional provisions to provide DNA sample. - 23-5A-7. Interjurisdictional provisions to provide DNA sample. If the state...

Section 23-5A-8 - Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application. - 23-5A-8. Application of this chapter to persons on probation or...

Section 23-5A-9 - Agencies or institutions may contract with third parties to collect samples. - 23-5A-9. Agencies or institutions may contract with third parties to...

Section 23-5A-10 - Fingerprints to be provided as identification of person. - 23-5A-10. Fingerprints to be provided as identification of person. A...

Section 23-5A-11 - DNA samples to be forwarded to State Forensic Laboratory. - 23-5A-11. DNA samples to be forwarded to State Forensic Laboratory....

Section 23-5A-12 - Immunity from liability of persons collecting DNA samples. - 23-5A-12. Immunity from liability of persons collecting DNA samples. No...

Section 23-5A-13 - Reasonable force allowed in collection of DNA sample--Immunity from liability. - 23-5A-13. Reasonable force allowed in collection of DNA sample--Immunity from...

Section 23-5A-14 - Refusal to supply sample a felony. - 23-5A-14. Refusal to supply sample a felony. Any person who...

Section 23-5A-15 - Mistaken collection or placement of sample does not invalidate sample's use in database. - 23-5A-15. Mistaken collection or placement of sample does not invalidate...

Section 23-5A-16 - Promulgation of rules for collection, analysis, storage, etc. - 23-5A-16. Promulgation of rules for collection, analysis, storage, etc.. The...

Section 23-5A-17 - Permissible uses of DNA analyses. - 23-5A-17. Permissible uses of DNA analyses. The analyses to be...

Section 23-5A-18 - Uses of DNA samples remaining after analyses. - 23-5A-18. Uses of DNA samples remaining after analyses. All or...

Section 23-5A-19 - Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution. - 23-5A-19. Use of analyses performed on persons adjudicated delinquent--Includes adult...

Section 23-5A-20 - Revocation of license of public DNA laboratory. - 23-5A-20. Revocation of license of public DNA laboratory. The South...

Section 23-5A-21 - Third party contractors--Subject to restrictions and requirements of this chapter. - 23-5A-21. Third party contractors--Subject to restrictions and requirements of this...

Section 23-5A-22 - Confidentiality of records--Disclosure prohibited. - 23-5A-22. Confidentiality of records--Disclosure prohibited. Any DNA record or DNA...

Section 23-5A-23 - Records not public. - 23-5A-23. Records not public. Any DNA record or DNA sample...

Section 23-5A-24 - Discovery rules govern access to DNA records. - 23-5A-24. Discovery rules govern access to DNA records. In the...

Section 23-5A-25 - Release of record or sample for certain authorized purposes. - 23-5A-25. Release of record or sample for certain authorized purposes....

Section 23-5A-26 - Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony. - 23-5A-26. Disclosure to unauthorized person or agency a felony--Unauthorized use...

Section 23-5A-27 - Confidentiality of software and databases used by state laboratory. - 23-5A-27. Confidentiality of software and databases used by state laboratory....

Section 23-5A-28 - Request for expungement--Grounds. - 23-5A-28. Request for expungement--Grounds. Any person whose DNA record or...

Section 23-5A-29 - Expungement of record--Receipt of court order--Exception. - 23-5A-29. Expungement of record--Receipt of court order--Exception. Upon receipt of...

Section 23-5A-30 - Expungement not required if certain other evidence would be destroyed. - 23-5A-30. Expungement not required if certain other evidence would be...

Section 23-5A-31 - Failure to expunge not grounds for invalidation. - 23-5A-31. Failure to expunge not grounds for invalidation. Any identification,...

Section 23-5A-32 - Liberal construction of chapter--Other laws. - 23-5A-32. Liberal construction of chapter--Other laws. The provisions of this...