2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 35B - Blood-Borne Pathogen Testing Of Defendants, Juveniles, And Source Individuals
Section 23A-35B-12 - Petition for release of test results--Hearing.
23A-35B-12. Petition for release of test results--Hearing.
Any person who may have had sexual relations with or otherwise exchanged bodily fluids with the tested person may petition the court to receive the results of the HIV test. The petition shall state that the petitioner believes there was an exchange of blood, semen, or other bodily fluids with the tested person and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the petitioner and the tested person may be present. If the court finds probable cause that there was an exchange of blood, semen, or other bodily fluids, the court may issue an order releasing the test results to the petitioner.
Source: SL 2012, ch 134, ยง5.
