reglab/housing_qa huggingface dataset:
SD Codified L § 23-5B-1 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-1 - Order upon motion for DNA testing of person convicted of felony--Requirements.

23-5B-1. Order upon motion for DNA testing of person convicted of felony--Requirements.Upon a written motion by any person who has been convicted of a felony offense, the court that entered the judgment of conviction for the felony offense shall order DNA testing of specific evidence if the court finds that all of the following apply:(1)The petitioner asserts, under penalty of perjury, that the petitioner is actually innocent of the felony offense for which the petitioner is under a sentence of imprisonment or death;(2)The petitioner's conviction is final under chapter 23A-32;(3)The petitioner has exhausted any claim for relief under chapter 21-27 or 28 U.S.C. §2254;(4)The specific evidence to be tested was secured in relation to the investigation or prosecution of the felony offense for which the petitioner was convicted;(5)The specific evidence was either:(a)Not previously subjected to DNA testing and the petitioner did not:(i)Knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of this chapter; or(ii)Knowingly fail to request DNA testing of that evidence in a prior petition for relief under chapter 21-27 or 28 U.S.C. §2254; or(b)Previously subjected to DNA testing and the petitioner is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing;(6)The petitioner shows good cause for the failure to request DNA testing of the specific evidence at the time of trial;(7)The specific evidence to be tested exists, is in the possession of the state, and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing;(8)The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;(9)The petitioner identifies a theory of defense that:(a)Is consistent with an affirmative defense presented at trial; or(b)Would establish the actual innocence of the petitioner of the felony offense referenced in the petitioner's assertion under subdivision (1); and(10)If the petitioner was convicted following a trial, the identity of the perpetrator was at issue in the trial. Source: SL 2009, ch 120, §1.
SD Codified L § 23-5B-2 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-2 - Notice to attorney general and state's attorney of motion for testing--Response.

23-5B-2. Notice to attorney general and state's attorney of motion for testing--Response.Upon the receipt of the petitioner's written motion filed under §23-5B-1, the court shall:(1)Notify the attorney general and the state's attorney who prosecuted the case resulting in the petitioner's conviction; and(2)Allow the state twenty days from the receipt of notice to respond to the motion. Source: SL 2009, ch 120, §2.
SD Codified L § 23-5B-3 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-3 - Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney.

23-5B-3. Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney.The court may not appoint counsel for an indigent petitioner under this chapter. However, the court may refer requests for DNA testing to the Innocence Project in South Dakota or such volunteer attorney as the State Bar of South Dakota may designate. Source: SL 2009, ch 120, §3.
SD Codified L § 23-5B-4 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-4 - Petitioner may retain counsel.

23-5B-4. Petitioner may retain counsel.Nothing in this chapter precludes a petitioner from proceeding with privately retained counsel. Source: SL 2009, ch 120, §4.
SD Codified L § 23-5B-5 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-5 - Preservation of evidence in state custody.

23-5B-5. Preservation of evidence in state custody.Upon receiving notice from the court that a written motion has been made, the attorney general or the state's attorney who prosecuted the case, shall take all reasonable actions necessary to ensure that all evidence which was collected in connection with the investigation or prosecution of the case, and which remains in the actual or constructive custody of the state or any of its political subdivisions, is preserved pending completion of the proceedings under this chapter. Source: SL 2009, ch 120, §5.
SD Codified L § 23-5B-6 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-6 - Testing laboratory.

23-5B-6. Testing laboratory.The court shall direct that any DNA testing ordered pursuant to §23-5B-1 be carried out by the South Dakota Division of Criminal Investigation. However, the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results. Source: SL 2009, ch 120, §6.
SD Codified L § 23-5B-7 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-7 - Testing by agreement.

23-5B-7. Testing by agreement.Nothing in this chapter prohibits a convicted person and the state from consenting to and conducting post-conviction DNA testing by agreement of the parties, without filing a motion for post-conviction DNA testing pursuant to this chapter. Source: SL 2009, ch 120, §7.
SD Codified L § 23-5B-8 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-8 - Disclosure of test results.

23-5B-8. Disclosure of test results.The results of any DNA testing ordered pursuant to §23-5B-1 shall be disclosed to the court, the petitioner, and the state. Source: SL 2009, ch 120, §8.
SD Codified L § 23-5B-9 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-9 - Submission of test results to State DNA Database.

23-5B-9. Submission of test results to State DNA Database.The state shall submit any test results relating to the DNA of the petitioner to the State DNA Database. Source: SL 2009, ch 120, §9.
SD Codified L § 23-5B-10 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-10 - Inconclusive test results or match between DNA sample and DNA evidence.

23-5B-10. Inconclusive test results or match between DNA sample and DNA evidence.If the DNA test results obtained pursuant to this chapter are inconclusive or show that the petitioner was the source of the DNA evidence, the DNA sample of the petitioner shall be retained in the State DNA Database. Source: SL 2009, ch 120, §10.
SD Codified L § 23-5B-11 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-11 - Match between DNA sample and other offense.

23-5B-11. Match between DNA sample and other offense.If the DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, and a comparison of the DNA sample of the petitioner results in a match between the DNA sample of the petitioner and another offense, the attorney general shall notify the appropriate agency and preserve the DNA sample of the petitioner. Source: SL 2009, ch 120, §11.
SD Codified L § 23-5B-12 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-12 - Denial of relief upon inconclusive test results.

23-5B-12. Denial of relief upon inconclusive test results.If DNA test results obtained pursuant to this chapter are inconclusive, the circuit court shall deny the petitioner relief. Source: SL 2009, ch 120, §12.
SD Codified L § 23-5B-13 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-13 - Effect of match between DNA sample and DNA evidence.

23-5B-13. Effect of match between DNA sample and DNA evidence.If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall:(1)Deny the petitioner relief; and(2)On motion of the state:(a)Assess the petitioner the cost of any DNA testing carried out pursuant to this chapter; and(b)Order that the finding be forwarded to the South Dakota Board of Pardons and Paroles so that the board may consider the finding in reviewing any subsequent parole application submitted by the petitioner. Source: SL 2009, ch 120, §13.
SD Codified L § 23-5B-14 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-14 - Sentencing in prosecution for false assertions.

23-5B-14. Sentencing in prosecution for false assertions.In any prosecution of the petitioner pursuant to this chapter for false assertions or other conduct in proceedings pursuant to this chapter, the court, upon conviction of the petitioner, shall sentence the petitioner to a sentence that runs consecutively to any other term of imprisonment the petitioner is serving. Source: SL 2009, ch 120, §14.
SD Codified L § 23-5B-15 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-15 - Motion for new trial where testing excludes petitioner as source of DNA evidence.

23-5B-15. Motion for new trial where testing excludes petitioner as source of DNA evidence.If DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file such motion for a new trial and for the state to respond to the motion for a new trial. Source: SL 2009, ch 120, §15.
SD Codified L § 23-5B-16 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-16 - Grounds for new trial.

23-5B-16. Grounds for new trial.The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in §23-5B-1, for which the petitioner is under a sentence of imprisonment. Source: SL 2009, ch 120, §16.
SD Codified L § 23-5B-17 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05B - DNA Testing Of Persons Convicted Of Felonies|Section 23-5B-17 - Habeas corpus.

23-5B-17. Habeas corpus.Nothing in this chapter provides a basis for relief in any state or federal habeas corpus proceeding. Source: SL 2009, ch 120, §17.
SD Codified L § 23-5C-1 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05C - Sexual Assault Kits For Testing|Section 23-5C-1 - Definitions.

23-5C-1. Definitions.Terms used in this chapter mean:(1)"Accredited laboratory," a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests;(2)"DNA," deoxyribonucleic acid;(3)"DNA record," the DNA identification information stored in the state DNA database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA analysis. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification analyses on an individual's DNA sample are also collectively referred to as the DNA profile of an individual;(4)"Health care facility," any institution, sanitarium, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured; and(5)"Sexual assault kit," a set of swabs, slides, envelopes, instructions, and forms specifically designed to collect and preserve physical evidence that can be used in a criminal sexual assault investigation. Source: SL 2016, ch 130, §1.
SD Codified L § 23-5C-2 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05C - Sexual Assault Kits For Testing|Section 23-5C-2 - Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Release of sexual assault kit--Preservation of sexual assault kit.

23-5C-2. Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Release of sexual assault kit--Preservation of sexual assault kit.A health care facility examining or treating a victim of rape or sexual assault shall give the victim, or a victim or witness assistant, the option of reporting the rape or sexual assault to an appropriate law enforcement agency. A health care facility may not require the victim to report the rape or sexual assault in order to receive an examination or treatment for the rape or sexual assault.A health care facility that examines or treats a victim of rape or sexual assault with a sexual assault kit shall release the sexual assault kit to the investigating law enforcement agency, if known, or the law enforcement agency of the jurisdiction where the examination or treatment occurs in accordance with §23-5C-3. The health care facility shall inform the victim that the sexual assault kit will be preserved by law enforcement for a period of at least seven years from the date of the examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. Any examination or treatment under this section shall include the preservation of confidentiality of any test, procedure, or sample that may serve as evidence in the prosecution for the rape or sexual assault. Source: SL 2016, ch 130, §2; SL 2019, ch 112, §1; SL 2020, ch 92, § 1.
SD Codified L § 23-5C-3 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05C - Sexual Assault Kits For Testing|Section 23-5C-3 - Code number assigned--Period code number maintained--Retrieval and transfer of sexual assault kit--Preservation of kit.

23-5C-3. Code number assigned--Period code number maintained--Retrieval and transfer of sexual assault kit--Preservation of kit.A health care facility shall assign a code number to a sexual assault kit, and provide the code number to the victim as well as information identifying the law enforcement agency where the kit will be stored. The health care facility shall maintain the code record for at least seven years from the date the health care facility examined or treated the victim or until the victim reaches the age of twenty-five, whichever is later. The health care facility may not affix to the sexual assault kit any information of the victim's identity other than the code number under this section. The law enforcement agency to which the health care facility releases the sexual assault kit under §23-5C-2 shall retrieve the sexual assault kit, containing no identifying information of the victim other than the code number affixed by the health care facility, within seventy-two hours following the date on which the sexual assault kit is assigned a code number under this section. The health care facility shall coordinate the transfer of the sexual assault kit to the law enforcement agency in a manner designed to protect the victim's confidentiality and preserve the evidentiary integrity of the sexual assault kit. A law enforcement agency in possession of a sexual assault kit shall preserve the kit for at least seven years from the date of examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. If a victim, or a victim or witness assistant, exercises the option of reporting the rape or sexual assault to a law enforcement agency, the code number under this section shall be provided by the victim to the law enforcement agency where the kit is being stored and used to identify the appropriate sexual assault kit. Source: SL 2016, ch 130, §3; SL 2019, ch 112, §2; SL 2020, ch 92, § 2.
SD Codified L § 23-5C-4 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 05C - Sexual Assault Kits For Testing|Section 23-5C-4 - Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.

23-5C-4. Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.For any rape or sexual assault that is reported by a victim under §23-5C-2, the law enforcement agency that receives a sexual assault kit from the health care facility in accordance with §§23-5C-2 and 23-5C-3 shall submit the evidence to the Division of Criminal Investigation or another accredited laboratory for analysis no more than fourteen days following the agency's receipt of the sexual assault kit. Any sexual assault kit that is submitted to the Division of Criminal Investigation or another accredited laboratory shall be analyzed within ninety days.Any DNA record for a sexual assault kit analyzed under this section shall be uploaded into a database specified by the Division of Criminal Investigation. Any failure to comply with this chapter does not constitute grounds for challenging the validity of a DNA database match or of any database information in a criminal proceeding. A DNA record may not be excluded as evidence by a court solely on the grounds of failure to comply with this chapter. Source: SL 2016, ch 130, §4; SL 2019, ch 112, §3.
SD Codified L § 23-6-1 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 06 - Criminal Statistics|Section 23-6-1 - Bureau of Criminal Statistics--Establishment in Office of Attorney General.

23-6-1. Bureau of Criminal Statistics--Establishment in Office of Attorney General.There is hereby established, in the Office of the Attorney General a Bureau of Criminal Statistics, hereinafter called the bureau. Source: SL 1939, ch 138, §1; SDC Supp 1960, §55.15A01.
SD Codified L § 23-6-2 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 06 - Criminal Statistics|Section 23-6-2 - Attorney general as director of bureau--Seal--No salary.

23-6-2. Attorney general as director of bureau--Seal--No salary.The bureau shall function through a director. The attorney general shall, by virtue of his office, be the director. The director shall have a seal of office in such form as he shall prescribe. The attorney general shall not receive a salary as such director. Source: SL 1939, ch 138, §2; SDC Supp 1960, §55.15A02.
SD Codified L § 23-6-3 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 06 - Criminal Statistics|Section 23-6-3 - Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation.

23-6-3. Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation.The attorney general shall assign for the work of the bureau such deputies and clerical assistants in his department as he may from time to time find necessary. The compensation of the clerical assistants assigned to the bureau and all other expenses of the bureau shall be paid out of the appropriation for the department of the attorney general when approved by him. Source: SL 1939, ch 138, §2; SDC Supp 1960, §55.15A02.
SD Codified L § 23-6-4 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 06 - Criminal Statistics|Section 23-6-4 - Statistical information--Compilation by director--Misdemeanor.

23-6-4. Statistical information--Compilation by director--Misdemeanor.The director shall collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey of the number and character of crimes committed in the state, the extent and character of delinquency, the operations of the police, prosecuting attorneys, courts and other public agencies of criminal justice, and the operations of penal and reformatory institutions, probation, parole, and other public agencies concerned with the punishment or treatment of criminal offenders. He shall include such information as may be useful in the study of crime and delinquency and the causes thereof, for the administration of criminal justice, and for the apprehension, punishment and treatment of criminal offenders. A violation of this section is a Class 2 misdemeanor. Source: SL 1939, ch 138, §§3, 15; SDC Supp 1960, §§55.15A03, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
SD Codified L § 23-6-5 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 06 - Criminal Statistics|Section 23-6-5 - Information as to particular offenders--Gathering by director--Misdemeanor.

23-6-5. Information as to particular offenders--Gathering by director--Misdemeanor.The director shall also gather such information concerning particular criminal offenders as in his judgment may be helpful to other public officials or agencies dealing with them. A violation of this section is a Class 2 misdemeanor. Source: SL 1939, ch 138, §§3, 15; SDC Supp 1960, §§55.15A03, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
SD Codified L § 23-6-6 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 06 - Criminal Statistics|Section 23-6-6 - Classification of crimes and offenders--Promulgation by director--Misdemeanor.

23-6-6. Classification of crimes and offenders--Promulgation by director--Misdemeanor.The director shall promulgate classifications and shall prepare forms for the statistical classification of crimes, of offenders, of their punishment and treatment and of all other pertinent information, to conform, as far as practicable, with those promulgated by the appropriate agency in the United States Department of Justice, and by the Federal Bureau of the Census. A violation of this section is a Class 2 misdemeanor. Source: SL 1939, ch 138, §§4, 15; SDC Supp 1960, §§55.15A04, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.