reglab/housing_qa huggingface dataset:
SD Codified L § 23A-35A-23 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-23 - Application of prohibition to provider of wire or electronic communication service.

23A-35A-23. Application of prohibition to provider of wire or electronic communication service.The prohibition in §23A-35A-22 does not apply with respect to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service:(1)Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service;(2)To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of service; or(3)If the consent of the user of that service has been obtained. Source: SL 1988, ch 194, §3; SL 2017, ch 108, §18.
SD Codified L § 23A-35A-24 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-24 - Application for order authorizing use of pen register or trap and trace device.

23A-35A-24. Application for order authorizing use of pen register or trap and trace device.An investigative or law enforcement officer may apply for an order or an extension of an order under §23A-35A-27, authorizing or approving the installation and use of a pen register or a trap and trace device under §§23A-35A-1 and 23A-35A-22 to 23A-35A-34, inclusive, in writing under oath or equivalent affirmation, to a judge of competent jurisdiction. Source: SL 1988, ch 194, §4.
SD Codified L § 23A-35A-25 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-25 - Contents of application.

23A-35A-25. Contents of application.An application under §23A-35A-24 shall include the identity of the law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation and a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency. Source: SL 1988, ch 194, §5.
SD Codified L § 23A-35A-26 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-26 - Issuance of ex parte order authorizing use of pen register or trap and trace device.

23A-35A-26. Issuance of ex parte order authorizing use of pen register or trap and trace device.Upon an application made under §§23A-35A-24 and 23A-35A-25, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the law enforcement or investigative officer has certified to the court that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation. Source: SL 1988, ch 194, §6.
SD Codified L § 23A-35A-27 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-27 - Contents of ex parte order authorizing use of pen register or trap and trace device.

23A-35A-27. Contents of ex parte order authorizing use of pen register or trap and trace device.An order issued under §23A-35A-26:(1)Shall specify the identity, if known, of the person whose name is listed on the telephone line or electronic communication device that the pen register or trap and trace device is to be attached; the identity, if known, of the person who is the subject of the criminal investigation; the number and, if known, the physical location of the telephone line or electronic communication device that the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and a statement of the offense the information likely to be obtained by the pen register or trap and trace device relates to; and(2)Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under §§23A-35A-30 to 23A-35A-33, inclusive. Source: SL 1988, ch 194, §7; SL 2017, ch 108, §19.
SD Codified L § 23A-35A-28 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-28 - Time limitation on use of pen register or trap and trace device--Extension.

23A-35A-28. Time limitation on use of pen register or trap and trace device--Extension.An order issued under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. Extensions of an order may be granted, but only upon an application for an order under §§23A-35A-24 and 23A-35A-25 and upon the judicial finding required by §23A-35A-26. The period of extension shall be for a period not to exceed sixty days. Source: SL 1988, ch 194, §8.
SD Codified L § 23A-35A-29 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-29 - Order sealed--Disclosure of existence of pen register or trap and trace device prohibited.

23A-35A-29. Order sealed--Disclosure of existence of pen register or trap and trace device prohibited.An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:(1)The order be sealed until otherwise ordered by the court; and(2)The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the judge. Source: SL 1988, ch 194, §9.
SD Codified L § 23A-35A-30 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-30 - Persons required to assist installation of pen register.

23A-35A-30. Persons required to assist installation of pen register.Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to install and use a pen register under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the investigative or law enforcement officer immediately all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the assistance is directed by a court order as provided in §23A-35A-27. Source: SL 1988, ch 194, §10.
SD Codified L § 23A-35A-31 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-31 - Installation of trap and trace device--Assistance--Results given to law enforcement officer.

23A-35A-31. Installation of trap and trace device--Assistance--Results given to law enforcement officer.Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under §23A-35A-1 or §§23A-35A-22 to 23A-35A-34, inclusive, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install the device immediately on the appropriate line or electronic device and shall furnish the investigative or law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with minimal interference with the services the person ordered by the court provides the party with respect to the installation and use is to take place, if the installation and assistance is directed by a court order as provided in §23A-35A-27. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order. Source: SL 1988, ch 194, §11; SL 2017, ch 108, §20.
SD Codified L § 23A-35A-32 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-32 - Reasonable compensation for assistance.

23A-35A-32. Reasonable compensation for assistance.A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for the reasonable expenses incurred in providing the facilities and assistance. Source: SL 1988, ch 194, §12.
SD Codified L § 23A-35A-33 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-33 - Persons providing assistance immune.

23A-35A-33. Persons providing assistance immune.No cause of action may lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive. Source: SL 1988, ch 194, §13.
SD Codified L § 23A-35A-34 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications|Section 23A-35A-34 - Good faith reliance on court order as complete defense.

23A-35A-34. Good faith reliance on court order as complete defense.A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, or any other law. Source: SL 1988, ch 194, §14.
SD Codified L § 23A-35B-2 (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-2 - Victim's request for testing of self.

23A-35B-2. Victim's request for testing of self.A victim may request that the Department of Health provide counseling, testing for infection by blood-borne pathogens, and referral for appropriate health care and support services to the victim through its public health services. Such referral does not include any requirement that the Department of Health bear any responsibility for provision of such health care or support services to the victim. Source: SL 1991, ch 203, §1A; SL 1993, ch 184, §2.
SD Codified L § 23A-35B-3 (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-3 - Victim's request for testing of defendant or juvenile--Hearing--Search warrant for blood sample--Time for testing.

23A-35B-3. Victim's request for testing of defendant or juvenile--Hearing--Search warrant for blood sample--Time for testing.A victim or a law enforcement officer may request in writing to the state's attorney that the defendant or the juvenile be tested for blood-borne pathogen infection by the Department of Health and that a search warrant be obtained for the purpose of taking a blood sample from the defendant or the juvenile for testing for such infection. The written request shall state that the victim or law enforcement officer believes there was an exchange of blood, semen, or other bodily fluids from the defendant or the juvenile to the victim or law enforcement officer and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the victim or law enforcement officer and the defendant or the juvenile may be present. If the court finds probable cause to believe that the defendant or the juvenile committed the offense and that there was an exchange of blood, semen, or other bodily fluids from the defendant or the juvenile to the victim or from the defendant or the juvenile to the law enforcement officer, the court may order a search warrant for the purpose of taking a blood sample from the defendant or the juvenile for testing for blood-borne pathogen infection. If the court orders a search warrant, the Department of Health shall initiate the test for blood-borne pathogen infection within forty-eight hours after the department receives the blood sample. Source: SL 1991, ch 203, §2; SL 1992, ch 172, §3; SL 1993, ch 184, §3; SL 2009, ch 126, §1.
SD Codified L § 23A-35B-3.1 (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-3.1 - Victim request for HIV test of defendant or juvenile--Hearing--Order--Time for testing.

23A-35B-3.1. Victim request for HIV test of defendant or juvenile--Hearing--Order--Time for testingA victim, or a victim or witness assistant, may request in writing to the state's attorney that a defendant or juvenile against whom an information, indictment, or petition is presented for a crime in which, by force or threat of force, the defendant or juvenile compelled the victim to engage in sexual activity be tested for HIV by the Department of Health, and that a search warrant be obtained for the purpose of taking a blood sample from the defendant or juvenile to test for HIV. A request under this section shall state that the victim believes there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim, and shall state the factual basis for believing the exchange occurred.Upon motion, a court of competent jurisdiction shall hold a hearing at which both the victim and defendant or juvenile may be present. If the court finds probable cause that the defendant or juvenile committed the offense and that there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim, the court shall order a search warrant for the purpose of taking a blood sample from the defendant or juvenile to test for HIV in accordance with §23A-35B-4. A blood sample shall be taken within forty-eight hours of the date of the request under this section or, if later, the date on which the information, indictment, or petition was:(1)Presented or filed, and the defendant or juvenile was taken into custody; or(2)Served on the defendant or juvenile.The court shall include in the order a requirement for any follow-up test for HIV that is medically appropriate based on the results of the initial test. Payment for any test for HIV under this section shall be in accordance with §23A-35B-4. The victim, the victim or witness assistant, and the defendant shall be notified in accordance with §23A-35B-4 of the results of any test for HIV under this section. Source: SL 2019, ch 117, §1.
SD Codified L § 23A-35B-4 (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-4 - Testing procedure--Notification of victim as to results--Payment for testing.

23A-35B-4. Testing procedure--Notification of victim as to results--Payment for testing.A health professional licensed or certified to do so shall take the blood samples required for testing for blood-borne pathogen infection and forward them to the Department of Health for testing. The testing shall take place under a test protocol determined by the Department of Health. A licensed physician designated by the victim or the law enforcement officer to receive the results of the test shall notify the victim or the law enforcement officer of the results of the victim's or law enforcement officer's test and shall notify the victim or the law enforcement officer and the defendant or the juvenile of the results of the defendant's or the juvenile's test within forty-eight hours after receipt. The county in which the alleged crime of violence, assault, sexual assault, or equivalent juvenile offense occurred shall pay for the services of the licensed or certified health professionals involved in the counseling and the testing, and a defendant, if convicted, shall reimburse the county for the costs of the testing. If the defendant is an inmate under the jurisdiction of the Department of Corrections, the costs of the testing shall be taken from the inmate's account pursuant to §24-2-29. Source: SL 1991, ch 203, §3; SL 1992, ch 172, §4; SL 1993, ch 184, §4; SL 2002, ch 121, §2.
SD Codified L § 23A-35B-5 (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-5 - Confidentiality--Test results unavailable to establish guilt or innocence.

23A-35B-5. Confidentiality--Test results unavailable to establish guilt or innocence.All persons involved in carrying out the provisions of this chapter shall act in a manner that will protect the confidentiality of the victim, the source individual, and the defendant or juvenile, including sealing relevant court records. The results of the test for infection by blood-borne pathogens may not be used to establish a defendant's guilt or innocence of the charge and may not be used to determine a juvenile's status as a delinquent child. Source: SL 1991, ch 203, §4; SL 1993, ch 184, §5; SL 2010, ch 132, §3.
SD Codified L § 23A-35B-6 (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-6 - Testing or counseling for officer upon possible exchange of bodily fluids with suspect.

23A-35B-6. Testing or counseling for officer upon possible exchange of bodily fluids with suspect.Any law enforcement officer who has reason to believe that in a crime of violence case, an assault, a violation of chapter 32-23 or a case of resisting arrest, or in an equivalent juvenile delinquency adjudication, there may have been an exchange of blood or other bodily fluids from the defendant or the juvenile to the officer, the officer may request that the Department of Health provide counseling, testing for infection by blood-borne pathogens, and referral for appropriate health care and support services to the officer through its public health services. Such referral does not include any requirement that the Department of Health bear any responsibility for provision of such health care or support services to the officer. Source: SL 1992, ch 172, §2; SL 1993, ch 184, §6.
SD Codified L § 23A-35B-7 (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-7 - Emergency medical services person's request for information or testing of source individual.

23A-35B-7. Emergency medical services person's request for information or testing of source individual.An emergency medical services person who is a victim may request in writing to the source individual, or if the source individual is deceased, to a relative of the source individual or to the source individual's estate, for medical records or information concerning blood-borne pathogens. If the source individual, a relative, or the estate denies the request or does not provide a response within three business days, the emergency medical services person may file a petition with the circuit court to require the source individual to provide the information or to be tested for blood-borne pathogens by the Department of Health and that an order be obtained for the purpose of taking a blood sample from the source individual for testing. The petition shall state that the emergency medical services person believes there was an exchange of blood, semen, or other bodily fluids from the source individual to the emergency medical services person and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the emergency medical services person and the source individual, a relative, or the estate may be present. If the court finds probable cause to believe that there was an exchange of blood, semen, or other bodily fluids from the source individual to the emergency medical services person, the court may issue an order for the purpose of taking a blood sample from the source individual for testing for blood-borne pathogens. If the source individual is not available for testing, the court may order a release of medical information from the source individual's medical providers to the emergency medical services person. Source: SL 2010, ch 132, §2.
SD Codified L § 23A-35B-8 (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-8 - Mandatory HIV testing of persons convicted of prostitution or solicitation of prostitution.

23A-35B-8. Mandatory HIV testing of persons convicted of prostitution or solicitation of prostitution.Any person convicted of prostitution or solicitation of prostitution shall be required, with or without that person's consent, to undergo a standard diagnostic test for human immunodeficiency virus (HIV) under the testing protocol of the Department of Health. Source: SL 2012, ch 134, §1.
SD Codified L § 23A-35B-9 (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-9 - Time for HIV testing.

23A-35B-9. Time for HIV testing.After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for testing and forward them to the Department of Health. The Department of Health shall initiate the test for HIV within forty-eight hours after the department receives the blood sample. If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test. Source: SL 2012, ch 134, §2.
SD Codified L § 23A-35B-10 (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-10 - Convicted person to pay cost of testing.

23A-35B-10. Convicted person to pay cost of testing.The court shall order the convicted person to pay the cost of the testing. The cost shall be treated as any other court cost or fine under chapter 23A-27. If the person tested is an inmate under the jurisdiction of the Department of Corrections, the cost of testing shall be taken from the person's inmate account pursuant to §24-2-29. Source: SL 2012, ch 134, §3.