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South Dakota Codified Laws
Title 23
Chapter 23-5A
S.D. Codified Laws ch. 23-5A
Dna Samples
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23-5A-1
Definition of terms.
23-5A-2
Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.
23-5A-3
Duties of State Forensic Laboratory.
23-5A-4
Persons required to provide DNA sample--Retroactivity of requirement.
23-5A-5
Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.
23-5A-5.1
Registered sex offenders required to provide DNA sample.
23-5A-5.2
Adult arrested for qualifying offense required to provide DNA sample.
23-5A-6
Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample.
23-5A-7
Interjurisdictional provisions to provide DNA sample.
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-9
Agencies or institutions may contract with third parties to collect samples.
23-5A-10
Fingerprints to be provided as identification of person.
23-5A-11
DNA samples to be forwarded to State Forensic Laboratory.
23-5A-12
Immunity from liability of persons collecting DNA samples.
23-5A-13
Reasonable force allowed in collection of DNA sample--Immunity from liability.
23-5A-14
Refusal to supply sample a felony.
23-5A-15
Mistaken collection or placement of sample does not invalidate sample's use in database.
23-5A-16
Promulgation of rules for collection, analysis, storage, etc..
23-5A-17
Permissible uses of DNA analyses.
23-5A-18
Uses of DNA samples remaining after analyses.
23-5A-19
Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution.
23-5A-20
Revocation of license of public DNA laboratory.
23-5A-21
Third party contractors--Subject to restrictions and requirements of this chapter.
23-5A-22
Confidentiality of records--Disclosure prohibited.
23-5A-23
Records not public.
23-5A-24
Discovery rules govern access to DNA records.
23-5A-25
Release of record or sample for certain authorized purposes.
23-5A-26
Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony.
23-5A-27
Confidentiality of software and databases used by state laboratory.
23-5A-28
Request for expungement--Grounds.
23-5A-29
Expungement of record--Receipt of court order--Exception.
23-5A-30
Expungement not required if certain other evidence would be destroyed.
23-5A-31
Failure to expunge not grounds for invalidation.
23-5A-32
Liberal construction of chapter--Other laws.