reglab/housing_qa huggingface dataset:
SD Codified L § 23A-35B-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35B - Blood-Borne Pathogen Testing Of Defendants, Juveniles, And Source Individuals|Section 23A-35B-11 - Confidentiality of test results.

23A-35B-11. Confidentiality of test results.The final test results shall be reported to the person tested along with precautionary, medical care, and counseling information. Except as provided in §23A-35B-12, the results of the test shall remain confidential. Source: SL 2012, ch 134, §4.
SD Codified L § 23A-35B-12 (2021)
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, §5.
SD Codified L § 23A-35B-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35B - Blood-Borne Pathogen Testing Of Defendants, Juveniles, And Source Individuals|Section 23A-35B-13 - Test results not to be used in criminal prosecution--Confidentiality.

23A-35B-13. Test results not to be used in criminal prosecution--Confidentiality.The results of the test may not be used as evidence in any criminal prosecution. All persons involved in carrying out the provisions of §§23A-35B-8 to 23A-35B-12, inclusive, shall act in a manner that will protect the confidentiality of the petitioner and the person tested, including sealing relevant court records as provided in §23A-35B-5. Source: SL 2012, ch 134, §6.
SD Codified L § 23A-36-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-1 - Determination by magistrate whether probable cause exists for search warrant--Notice of hearing to person in possession.

23A-36-1. Determination by magistrate whether probable cause exists for search warrant--Notice of hearing to person in possession.Upon the filing of an affidavit for a search warrant to search for obscene material, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the matter, or by such other manner or means that he deems necessary, if probable cause exists for a hearing upon the question of the issuance of a search warrant. If the magistrate determines that probable cause exists for a hearing, he shall issue notice to the person or persons in possession of the matter, setting a time and place for a hearing to determine if a search warrant shall issue. Source: SL 1974, ch 165, §7; SDCL Supp, §22-24-39; SL 1978, ch 178, §452.
SD Codified L § 23A-36-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-2 - Hearing on search warrant for obscene material--Evidence received.

23A-36-2. Hearing on search warrant for obscene material--Evidence received.The hearing on the affidavit for the issuance of a search warrant shall be at such time and upon such reasonable notice given in such manner as the magistrate may direct. The magistrate's order as to notice and hearing shall give the adverse party the right to appear and produce the matter described in the affidavit for a search warrant, but shall not in any manner require him to produce the said matter. Source: SL 1974, ch 165, §8; SDCL Supp, §22-24-40; SL 1978, ch 178, §453.
SD Codified L § 23A-36-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-3 - Magistrate's orders to prevent removal of material pending hearing.

23A-36-3. Magistrate's orders to prevent removal of material pending hearing.The magistrate shall further have authority to render such orders as are reasonable and necessary, to protect the court's jurisdiction over the matter described in the affidavit for a search warrant and may issue orders requiring that the matter not be removed from its location as described in the affidavit for a search warrant or to make any change, alteration, or destruction of the matter until such time as a hearing has been conducted and the search warrant executed or the request therefor denied. Source: SL 1974, ch 165, §9; SDCL Supp, §22-24-41; SL 1978, ch 178, §454.
SD Codified L § 23A-36-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-4 - Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant.

23A-36-4. Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant.At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall afford any person in possession of the matter sought to be seized or claiming ownership of or interest in the matter an opportunity to be heard as to the obscenity or nonobscenity of the matter. At the close of the hearing, the magistrate shall make a determination of whether probable cause exists to believe that the matter is obscene or nonobscene and shall determine if probable cause exists for the immediate issuance of a search warrant for its seizure. Source: SL 1974, ch 165, §11; SDCL Supp, §22-24-43; SL 1978, ch 178, §455.
SD Codified L § 23A-36-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-5 - Issuance of search warrant on finding of probable cause.

23A-36-5. Issuance of search warrant on finding of probable cause.If the magistrate finds that probable cause exists to believe that the matter is obscene and that probable cause exists for the immediate issuance of a search warrant, then he shall issue a search warrant ordering the seizure of the matter described in the affidavit for a search warrant. Source: SL 1974, ch 165, §12; SDCL Supp, §22-24-44; SL 1978, ch 178, §456.
SD Codified L § 23A-36-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-6 - Notice alleging nonobscenity of material seized--Time of hearing.

23A-36-6. Notice alleging nonobscenity of material seized--Time of hearing.In the event that a search warrant is issued and matter alleged to be obscene is seized, any person alleged to be in possession of the matter or claiming ownership of the matter at the time of its possession or seizure may file a notice in writing with the magistrate within ten days of the date of the seizure alleging that the matter is not obscene and the magistrate shall set a hearing within one day after request therefor, or at such time as the requesting party might agree. Source: SL 1974, ch 165, §13; SDCL Supp, §22-24-46; SL 1978, ch 178, §457.
SD Codified L § 23A-36-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-7 - Hearing on obscenity of material seized--Return to owner if not obscene.

23A-36-7. Hearing on obscenity of material seized--Return to owner if not obscene.At a hearing pursuant to §23A-36-6, evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such additional hearing, the magistrate shall make a further determination of whether probable cause exists to believe that the matter is obscene or nonobscene. If at such hearing the magistrate finds that no probable cause exists to believe that the matter is obscene, then the matter shall be returned to the person or persons from whom it was seized. Source: SL 1974, ch 165, §13; SDCL Supp, §22-24-47; SL 1978, ch 178, §458.
SD Codified L § 23A-36-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-8 - Expert testimony not required in obscenity hearing--Evidence of community standards.

23A-36-8. Expert testimony not required in obscenity hearing--Evidence of community standards.In the prosecution for a violation of the provisions of this chapter, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution. Any evidence which tends to establish contemporary community standards of appeal to prurient interest or of customary limits of candor in the description or representation of nudity, sex, or excretion, or which bears upon the question of serious literary, artistic, political, or scientific value shall be admissible when offered by either the prosecution or the defense. Source: SL 1974, ch 165, §5; SDCL Supp, §22-24-49; SL 1978, ch 178, §459.
SD Codified L § 23A-36-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-9 - Verdict on obscenity of material seized.

23A-36-9. Verdict on obscenity of material seized.The jury, or the court, if a jury trial is waived, shall render a general verdict. In the verdict that is rendered, a determination as to whether the material is obscene shall also be made. Source: SL 1968, ch 29, §8; SDCL Supp, §22-24-18; SL 1974, ch 165, §4; SDCL Supp, §22-24-50; SL 1978, ch 178, §460.
SD Codified L § 23A-36-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 36 - Seizure And Disposition Of Obscene Material|Section 23A-36-10 - Order for destruction of obscene material seized.

23A-36-10. Order for destruction of obscene material seized.Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter in respect whereof the accused stands convicted, and which remains in the possession or under the control of the prosecuting attorney or any law enforcement agency, to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control. Source: SL 1968, ch 29, §12; SDCL Supp, §22-24-23; SL 1974, ch 165, §16; SDCL Supp, §22-24-51; SL 1978, ch 178, §461.
SD Codified L § 23A-37-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-1 - Property subject to chapter.

23A-37-1. Property subject to chapter.For the purposes of this chapter, "seized property" means all property seized with or without a warrant by any law enforcement officer. Source: SL 1978, ch 178, §462.
SD Codified L § 23A-37-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-2 - Safekeeping of seized property.

23A-37-2. Safekeeping of seized property.Seized property shall be safely kept and may not be taken from its custodian as long as it is required as evidence in any trial without an order of such court. Source: SL 1978, ch 178, §463.
SD Codified L § 23A-37-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-3 - Transfer to another court of property required as evidence.

23A-37-3. Transfer to another court of property required as evidence.Where seized property is no longer required as evidence the court may transfer such property to the jurisdiction of any other court, including courts of another state or federal courts, where it is shown to the satisfaction of the court that such property is required as evidence in any prosecution in such other court. Source: SL 1978, ch 178, §464.
SD Codified L § 23A-37-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-4 - Application for return of property to person with right to possession.

23A-37-4. Application for return of property to person with right to possession.Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held.An application for the return of real property may be made within thirty days of the seizure of such real property. Absent good cause shown that the real property contains exculpatory evidence of the defendant's innocence which is incapable of being preserved by other means, or that the prosecuting attorney makes a showing that the continued seizure of the real property is necessary to the prosecution of the case, the court may order the law enforcement personnel in possession of the property to release it to the owner. Source: SL 1978, ch 178, §465; SL 2020, ch 103, § 1.
SD Codified L § 23A-37-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-5 - Time of hearing on claim for return of seized property.

23A-37-5. Time of hearing on claim for return of seized property.All claims for the return of seized property shall be set for a hearing which shall be held not less than five nor more than thirty days after the filing of the first claim. Source: SL 1978, ch 178, §467.
SD Codified L § 23A-37-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-6 - Notice of hearing on disposition of seized property.

23A-37-6. Notice of hearing on disposition of seized property.The clerk of courts shall issue a notice of a hearing containing a reasonable description of the property and the time, place, and cause of its seizure. Such notice shall be reasonably calculated to apprise the affected person of the pendency of the hearing. Source: SL 1978, ch 178, §466.
SD Codified L § 23A-37-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-7 - Money restored to owner--Gambling money paid into county treasury.

23A-37-7. Money restored to owner--Gambling money paid into county treasury.Money shall be restored to the owner unless it was used in unlawful gambling or lotteries in which case it shall be paid into the county treasury pursuant to §16-2-28. Source: SL 1978, ch 178, §469; SL 1982, ch 170, §§1 and 3.
SD Codified L § 23A-37-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-8 - Conditions for release of seized property to owner.

23A-37-8. Conditions for release of seized property to owner.The court shall release all property to its rightful owner, if:(1)The owner is not prohibited by law from possessing such property;(2)The property is not needed as evidence in any judicial proceeding;(3)Satisfactory arrangements have been made to return such property to the court if subsequently needed as evidence.Upon completion of the proceeding, the circuit court or magistrate judge shall make arrangements for the return or disposition of all property used as evidence. Source: CCrimP 1877, §§539 to 541; CL 1887, §§7590 to 7592; RCCrimP 1903, §§571 to 573; RC 1919, §§4648 to 4650; SDC 1939 & Supp 1960, §34.0603; SDCL §23-16-3; SL 1978, ch 178, §468; SL 1983, ch 189; SL 2014, ch 117, §1.
SD Codified L § 23A-37-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-9 - Destruction of contraband and illegal property--Sale of articles capable of lawful use--Controlled weapons or firearms.

23A-37-9. Destruction of contraband and illegal property--Sale of articles capable of lawful use--Controlled weapons or firearms.Articles of contraband or property of an illegal nature shall be destroyed, except that any articles which are capable of lawful use may in the discretion of the court be sold and the proceeds disposed of as provided in §23A-37-10. However, the provisions of §23A-37-13 apply to any controlled weapon or firearm. Source: SL 1978, ch 178, §469; SL 1979, ch 159, §25A; SL 1985, ch 188, §5; SL 1999, ch 128, §1.
SD Codified L § 23A-37-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-10 - Sale or transfer of unclaimed property.

23A-37-10. Sale or transfer of unclaimed property.If there is no claimant or if the right to possession of seized property cannot be determined after a reasonable period of time, the law enforcement agency collecting such property, through an order of the court, may:(1)Transfer ownership of the property to any governmental agency having a legitimate need for such property; or(2)Sell the property and deliver the proceeds of the sale to the appropriate finance officer of the city, county, or state employing such law enforcement agency. Source: SDC 1939 & Supp 1960, §34.0604; SDCL, §23-16-4; SL 1978, ch 178, §470; SL 1982, ch 170, §§1 and 3; SL 2000, ch 113, §1.
SD Codified L § 23A-37-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-11 - Controlled substances exempt from chapter.

23A-37-11. Controlled substances exempt from chapter.Chapter 34-20B is specifically exempted from this chapter. Source: SL 1978, ch 178, §471.
SD Codified L § 23A-37-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-12 - Chapter supplemental--Disposition as directed by court.

23A-37-12. Chapter supplemental--Disposition as directed by court.The provisions of this chapter shall not be exclusive, but shall be supplemental to other laws on the subject. Unless otherwise provided by law, all other property shall be disposed of in such manner as the court shall direct. Source: SL 1978, ch 178, §471.
SD Codified L § 23A-37-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-13 - Controlled weapons and firearms disposal.

23A-37-13. Controlled weapons and firearms disposal.Any controlled weapon or firearm used in violation of chapter 22-14 shall be disposed of as follows:(1)If it is stolen, it shall be returned to the lawful owner upon proof of ownership; (2)If it is illegal, it shall be destroyed pursuant to law; or(3)If it is neither stolen nor illegal, it shall be delivered to the arresting agency or, at the direction of the attorney general, to the South Dakota Forensic Laboratory for scientific examination purposes, for lawful use or disposal.In the case of a disposition pursuant to subdivision (3), the arresting agency or forensic laboratory may use, trade-in, destroy, or sell, as provided in chapter 5-24A or §6-13-6, the controlled weapon or firearm. Source: SL 1983, ch 188, §2; SL 1998, ch 151, §1; SL 1999, ch 128, §2; SL 2006, ch 137, §1; SL 2011, ch 2, §131.
SD Codified L § 23A-37-13.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-13.1 - Money from sale to be deposited in law enforcement officers training fund.

23A-37-13.1. Money from sale to be deposited in law enforcement officers training fund.Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or firearms pursuant to §23A-37-13 shall be deposited in the law enforcement officers training fund. Source: SL 2006, ch 137, §2.
SD Codified L § 23A-37-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-14 - Photographing and return of property of victim seized as evidence--Admissibility of photographs.

23A-37-14. Photographing and return of property of victim seized as evidence--Admissibility of photographs.Any property, which is not contraband, seized or confiscated by law enforcement personnel, ostensibly for use as evidence in a criminal prosecution, shall be preserved, maintained, or stored at the expense of the county where the criminal offense occurred. If the property is not contraband and is owned by a victim of the crime being investigated, the property shall be photographed by the appropriate law enforcement personnel and returned to the victim of the crime within thirty days of completion of forensic analysis unless the prosecuting attorney deems it essential to the prosecution of the case to retain the evidence. The photographs shall accurately and correctly represent the property and are admissible evidence pursuant to article X of chapter 19-19 in any resulting criminal proceeding. Source: SL 1985, ch 198, §1.
SD Codified L § 23A-37-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 37 - Disposition Of Seized Property|Section 23A-37-15 - Notice to defendant of return--Motion not to release.

23A-37-15. Notice to defendant of return--Motion not to release.Before any property is returned to the owner pursuant to §23A-37-14, the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that the property contains exculpatory evidence of the defendant's innocence, the court may order the law enforcement personnel in possession of the property not to release it to the owner. Source: SL 1985, ch 198, §2.
SD Codified L § 23A-38-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-1 - (Rule 42(a)) Summary punishment of contempt in presence of court--Contents and signature of order--Maximum punishment.

23A-38-1.(Rule 42(a)) Summary punishment of contempt in presence of court--Contents and signature of order--Maximum punishment.Criminal contempt may be punished summarily if a judge or magistrate judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. An order of contempt shall recite the facts and shall be signed by the judge or magistrate judge and entered of record. Contempt prosecuted under this section shall be punishable by imprisonment of not more than thirty days in the county jail or a fine not exceeding one hundred dollars, or both. Source: SL 1978, ch 178, §472; SL 1979, ch 159, §27.