South Dakota 05A — DNA Samples
- 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 toprovide DNA sample.
- 23-5A-5.1 — Registered sex offenders required to provide DNA sample.
- 23-5A-6 — Incarcerated or supervised persons to provide DNA sample--Release contingent uponprovision 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 personssentenced 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 indatabase.
- 23-5A-16 — Promulgation of rules for collection, analysis, storage, etc.
- 23-5A-17 — DNA analyses to be used only for law enforcement or identification--Medical orgenetic use prohibited.
- 23-5A-18 — Uses of DNA samples remaining after analyses.
- 23-5A-19 — Use of analyses performed on persons adjudicated delinquent--Includes adultprosecution.
- 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 ortampering 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.