reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-13 - Recording of intercepted communications if possible--Sealing of recordings.

23A-35A-13. Recording of intercepted communications if possible--Sealing of recordings.
The contents of any wire, electronic, or oral communication intercepted by any means authorized by this statute shall, if possible, be recorded. The recording of the contents of any wire, electronic, or oral communication under this section shall be done in a way to protect the recording from editing or alteration. Immediately upon the expiration of the period of the order or extension, the recordings shall be made available to the judge issuing the order or extension and sealed under the judge's direction.
Source:
SL 1980, ch 181, §16; SL 2017, ch 108, §9.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-14 - Disclosures to interested parties--Inspection of intercepted communications, application, or order--Postponement of notice.

23A-35A-14. Disclosures to interested parties--Inspection of intercepted communications, application, or order--Postponement of notice.
Within ninety days after an application under §23A-35A-3 is denied, or the period of an order or extension expires, the issuing or denying judge shall cause the persons named in the order or application and any other parties to intercepted communications as the judge may determine the interests of justice require, to be served with an inventory including notice of:
(1)The fact of the entry of the order or the application;
(2)The date of the entry and the period of authorized interception, or the denial of the application; and
(3)The fact that during the period wire, electronic, or oral communications were or were not intercepted.
On motion, the judge may make available to the person or the person's counsel for inspection the portions of the intercepted communications, applications, and order as the judge determines to be in the interest of justice. On an ex parte showing of good cause to the judge, the serving of the notice required by this section may be postponed.
Source:
SL 1980, ch 181, §17; SL 2017, ch 108, §10.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-15 - Disclosure of contents of intercepted communications among investigative or law enforcement officers.

23A-35A-15. Disclosure of contents of intercepted communications among investigative or law enforcement officers.
Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from the contents, may disclose the contents to another investigative or law enforcement officer to the extent that a disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
Source:
SL 1969, ch 158, §5 (1); SDCL Supp, §23-13A-6; SL 1980, ch 181, §5; SL 2017, ch 108, §11.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-16 - Appropriate use of contents of intercepted communication by investigative or law enforcement officer.

23A-35A-16. Appropriate use of contents of intercepted communication by investigative or law enforcement officer.
Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived from the contents may use the contents to the extent appropriate to the proper performance of the officer's official duties.
Source:
SL 1969, ch 158, §5 (2); SDCL Supp, §23-13A-7; SL 1980, ch 181, §6; SL 2017, ch 108, §12.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-17 - Disclosure of contents of intercepted communication in court or grand jury proceeding.

23A-35A-17. Disclosure of contents of intercepted communication in court or grand jury proceeding.
Any person, who has received, by any means authorized by this chapter or chapter 119 of the United States Code, or a like statute of another state, any information concerning the contents of a wire, electronic, or oral communication, or evidence derived from the contents, intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or any derivative evidence while giving testimony under oath or affirmation in any proceeding in any court in this state, before any grand jury in this state, in any court of the United States or of any other state, or in any federal or state grand jury proceeding.
Source:
SL 1969, ch 158, §5 (3); SDCL Supp, §23-13A-8; SL 2017, ch 108, §13.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-18 - Interception of communications relating to offenses other than specified in order--Use of contents.

23A-35A-18. Interception of communications relating to offenses other than specified in order--Use of contents.
If an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized by this chapter, intercepts wire, electronic, or oral communications relating to offenses not specified in the order of authorization or approval, the contents of the communication, and evidence derived from the communication, may be disclosed or used as provided in §§23A-35A-15 and 23A-35A-16. The contents and any evidence derived from the contents may be used under §23A-35A-17 if authorized or approved by a circuit court judge where the judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this chapter.
Source:
SL 1969, ch 158, §5 (5); SDCL Supp, §23-13A-9; SL 1980, ch 181, §7; SL 2017, ch 108, §14.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-19 - Privileged communications.

23A-35A-19. Privileged communications.
No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter may lose its privileged character.
Source:
SL 1969, ch 158, §5 (4); SDCL Supp, §23-13A-10; SL 1980, ch 181, §8; SL 2017, ch 108, §15.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-20 - Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony.

23A-35A-20. Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony.
Except as provided in §23A-35A-21, a person is guilty of a Class 5 felony who is not:
(1)A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of either a sender or receiver of the communication;
(2)A person present during a conversation or discussion who intentionally and by means of an eavesdropping device overhears or records the conversation or discussion, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of a party to the conversation or discussion; or
(3)A member of a jury who intentionally records or listens to by means of an eavesdropping device the deliberations of the jury or aids, authorizes, employs, procures, or permits another to record or listen.
Source:
SL 1980, ch 181, §20; SL 2006, ch 136, §1; SL 2017, ch 108, §16.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-21 - Exemptions from chapter.

23A-35A-21. Exemptions from chapter.
The following is exempt from the provisions of this chapter:
(1)Wiretapping and eavesdropping pursuant to an ex parte order granted pursuant to §23A-35A-6;
(2)The normal use of services, equipment, and facilities provided by a common carrier pursuant to tariffs on file with the Public Utilities Commission of the State of South Dakota or the federal communications commission;
(3)The normal functions of any operator of a switchboard;
(4)Any officer, agent, or employee of a communications common carrier engaged in the business of providing service, equipment, and facilities for communication who performs acts otherwise prohibited by this chapter in providing such communication services, equipment, and facilities or in constructing, maintaining, repairing, operating, or using same, including the obtaining of billing and accounting information, the protecting of the communication services, equipment, and facilities from illegal use in violation of tariffs on file with the corporation commission of this state or the federal communications commission and the protecting of the common carrier from the commission of fraud against it;
(5)The providing of requested information or other response to a subpoena or other order issued by a court of competent jurisdiction or on demand of other lawful authority; and
(6)Any officer, agent, or employee of a communications common carrier, or any common carrier, who provides information, facilities, or technical assistance to an investigative or law enforcement officer authorized to intercept or eavesdrop pursuant to an ex parte order granted pursuant to §23A-35A-6.
Source:
SL 1980, ch 181, §21; SL 1984, ch 12, §18; SL 2017, ch 108, §17.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-22 - Use of pen register or trap and trace device without court order prohibited--Violation as misdemeanor.

23A-35A-22. Use of pen register or trap and trace device without court order prohibited--Violation as misdemeanor.
Except as provided in §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, no person may install or use a pen register or a trap or trace device without first obtaining a court order under §23A-35A-27. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1988, ch 194, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 testing
A 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.