reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-70 - Immunity from civil liability for certain good faith conduct.

23-3-70. Immunity from civil liability for certain good faith conduct.
No law enforcement agency, employee of a law enforcement agency, employee or official of a state or county agency and any individual contracting or appointed to perform services under §22-22-1.3, 22-24B-29, 22-24B-30, 24-15A-32.1, or 24-15A-32 may be civilly liable for good faith conduct under §22-22-1.3, 22-24B-29, 22-24B-30, 24-15A-32.1, or 24-15A-32.
Source:
SL 2006, ch 121, §16.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-71 - County coroner training program.

23-3-71. County coroner training program.
The Law Enforcement Officers Standards Commission shall establish a training program for county coroners. The county coroner training shall include training programs concerning scene investigation and death registration. The commission shall establish and maintain a county coroner training program in consultation with the Department of Health and the county coroners and through such agencies and institutions as the commission may deem appropriate.
Source:
SL 2010, ch 123, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-72 - Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general.

23-3-72. Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general.
Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:
(1)Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to §22-30A-10;
(2)Bribery in public office pursuant to §2-12-9, 22-12A-7, or 22-12A-11; or
(3)An intentional violation of any limit on gifts to public officials under chapter 2-12.
The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail.
Source:
SL 2017, ch 73, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-73 - Referral to Government Operations and Audit Committee, secretary of state, or Judicial Qualifications Commission.

23-3-73. Referral to Government Operations and Audit Committee, secretary of state, or Judicial Qualifications Commission.
If an investigation authorized under §23-3-72 does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation may determine that no further action is required, or refer the matter to:
(1)The Government Operations and Audit Committee for review of a matter involving a legislator or legislative employee;
(2)The secretary of state for a matter involving a candidate for the Legislature or statewide office who shall resolve the matter in a reasonable time; or
(3)The Judicial Qualifications Commission for a matter involving a judicial officer.
A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any fact on which the affiant relied and identify any source of factual information.
Source:
SL 2017, ch 73, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 04 - Safeguard Of Law Enforcement Radio Communications › Section 23-4-2 - Possession by felon of police radio as misdemeanor--Radio stations unaffected.

23-4-2. Possession by felon of police radio as misdemeanor--Radio stations unaffected.
No person who has been convicted of a felony in this state or elsewhere within the past ten years shall possess any frequency modulation receiving equipment capable of being so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to local or state law enforcement officers, or to the state or any of its agencies. Any person who violates this section is guilty of a Class 2 misdemeanor. Nothing in this section shall be construed to affect any radio station licensed by the Federal Communications System.
Source:
SL 1965, ch 223, §6; SDCL, §23-4-6; SL 1976, ch 161; SL 1978, ch 169, §§1, 19.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 04 - Safeguard Of Law Enforcement Radio Communications › Section 23-4-4 - Federal licensees exempt from chapter.

23-4-4. Federal licensees exempt from chapter.
This chapter does not apply to any holders of a valid amateur radio operator or station license issued by the Federal Communications Commission.
Source:
SL 1965, ch 233, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 04 - Safeguard Of Law Enforcement Radio Communications › Section 23-4-7 - Possession of device receiving law enforcement or emergency dispatch communications while committing felony--Misdemeanor.

23-4-7. Possession of device receiving law enforcement or emergency dispatch communications while committing felony--Misdemeanor.
Any person who possesses any device actively receiving law enforcement or emergency dispatch audio or emergency dispatch text while committing a felony is guilty of a Class 1 misdemeanor.
Source:
SL 2015, ch 135, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-1 - Criminal identifying information--Procurement and filing by attorney general.

23-5-1. Criminal identifying information--Procurement and filing by attorney general.
The attorney general shall procure and file for record, photographs, pictures, descriptions, fingerprints, measurements, and such other information as may be pertinent of all persons who may hereafter be taken into custody for offenses other than those arising solely out of the violation of the fish, game, conservation, or traffic laws of this state with the exception of those persons charged with driving a motor vehicle while under the influence of alcoholic beverages, and also of all criminals wheresoever the same may be procured. It shall be the duty of the person in charge of any state institution to furnish any such information to the attorney general upon his request.
Source:
SDC 1939, §55.1606; SL 1966, ch 161, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-2 - Cooperation of attorney general with law enforcement officers to establish complete state system.

23-5-2. Cooperation of attorney general with law enforcement officers to establish complete state system.
The attorney general shall also cooperate with, and assist sheriffs, chiefs of police, and other law enforcement officers to the end that a complete state system of criminal identification, investigation, and statistical information may be established.
Source:
SDC 1939, §55.1606; SL 1966, ch 161, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-3 - Criminal records of inmates of penal institutions--Procuring and filing.

23-5-3. Criminal records of inmates of penal institutions--Procuring and filing.
The attorney general shall procure and file for record the fingerprint impressions and other means of identification and statistical information of all persons contained in any workhouse, jail, reformatory, penitentiary, or other penal institutions, together with such other information as he may require from the law enforcement officers of the state and its subdivisions.
Source:
SDC 1939, §55.1606; SL 1966, ch 161, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-4 - Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor.

23-5-4. Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor.
The sheriffs, chiefs of police, marshals of the municipalities, and any other law enforcement officers and peace officers of the state, immediately upon the arrest of any person for a felony or misdemeanor, exclusive of those exceptions set forth in §23-5-1, shall take such person's fingerprints according to the fingerprint system of identification established by the Division of Criminal Investigation, on forms furnished by the division and shall forward the fingerprints together with other descriptions as may be required with a history of the offense alleged to have been committed, to the division for classification and filing. However, in the case of a Class 2 misdemeanor, exclusive of those exceptions set forth in §23-5-1, if the arresting officer reasonably believes that the person arrested does not present a danger to self or others and will appear in response to a summons, the arresting officer may, without complying with the provisions of this section, release the person arrested with a summons to appear; and the person arrested shall present himself or herself to the law enforcement agency issuing the summons for fingerprinting prior to the initial court appearance. Any person who fails to appear for fingerprinting in compliance with this section shall be proceeded against by warrant. A copy of the fingerprints of the person arrested, shall be transmitted forthwith by the arresting officer to the Federal Bureau of Investigation in Washington, D.C.
Any officer required by this section to take and report fingerprint records, who fails to take and report the records required by this section, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §§55.1607, 55.9906; SL 1966, ch 161, §6; SL 1979, ch 150, §28; SL 1992, ch 60, §2; SL 1995, ch 128.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-5 - Fingerprints taken on arrest--Comparison with files--Information on previous criminal record.

23-5-5. Fingerprints taken on arrest--Comparison with files--Information on previous criminal record.
The attorney general shall compare the description received pursuant to §23-5-4 with those already on file in the Division of Criminal Investigation and if he finds the person arrested has a criminal record or is a fugitive from justice, he shall at once inform the arresting officer of such fact.
Source:
SDC 1939, §55.1607; SL 1966, ch 161, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-6 - Identification records made by wardens and superintendents of penal institutions.

23-5-6. Identification records made by wardens and superintendents of penal institutions.
The warden or superintendent of any penal or reformatory institution in this state, the attorney general or his authorized assistants or agents, the sheriff of any county in this state, or the chief of police of any municipality in the state is hereby authorized and empowered, when in his judgment such proceeding shall be necessary for the purpose of identifying any person accused or convicted of crime, or for the purpose of preventing the escape or of facilitating the recapture of any such person, to cause to be taken or made and preserved such photographs, impressions, measurements, descriptions, and records as may in the judgment of any of said officials be deemed necessary.
Source:
SL 1921, ch 186, §1; SDC 1939 & Supp 1960, §34.1614.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-8 - Warden of correctional facility--Furnishing of identification of inmates, transmission to Division of Criminal Investigation.

23-5-8. Warden of correctional facility--Furnishing of identification of inmates, transmission to Division of Criminal Investigation.
The warden of the state correctional facility shall furnish photographs, fingerprints, and other identifying information of all inmates received at such institution and shall transmit the same to the Division of Criminal Investigation.
Source: SDC 1939, §55.1605; SL 1966, ch 161, §4; SL 2023, ch 82, §20.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-10 - Definition of terms.

23-5-10. Definition of terms.
Terms used in §§23-5-10 to 23-5-13, inclusive, mean:
(1)"Confidential criminal justice information," criminal identification information compiled pursuant to chapter 23-5, criminal intelligence information, criminal investigative information, criminal statistics information made confidential pursuant to §23-6-14, and criminal justice information otherwise made confidential by law;
(2)"Criminal history information," arrest information, conviction information, disposition information and correction information compiled by the attorney general pursuant to chapter 23-5, commonly referred to as a "rap sheet";
(3)"Criminal intelligence information," information associated with an identifiable individual, group, organization, or event compiled by a law enforcement agency: in the course of conducting an investigation into a criminal conspiracy, projecting a potential criminal operation, or producing an estimate of future criminal activities; or in relation to the reliability of information derived from reports of informants or investigators or from any type of surveillance;
(4)"Criminal investigative information," information associated with an individual, group, organization, or event compiled by a law enforcement agency in the course of conducting an investigation of a crime or crimes. This includes information about a crime or crimes derived from reports of officers, deputies, agents, informants, or investigators or from any type of surveillance;
(5)"Call for service," an event occurring in or near the jurisdiction of a law enforcement agency that requires law enforcement response, evaluation, action, or documentation.
Source:
SL 1986, ch 189, §1; SL 2004, ch 161, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-11 - Confidential criminal justice information not subject to inspection--Exception.

23-5-11. Confidential criminal justice information not subject to inspection--Exception.
Confidential criminal justice information and criminal history information are specifically exempt from disclosure pursuant to §§1-27-1 to 1-27-1.15, inclusive, and may be withheld by the lawful custodian of the records. Information, if maintained, about calls for service revealing the date, time, and general location and general subject matter of the call is not confidential criminal justice information and shall be released to the public unless the information contains criminal intelligence, identity information that would jeopardize an ongoing investigation, or identity information associated with a mental health or a chemical dependency or abuse intervention. The provisions of this section do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law.
Source:
SL 1986, ch 189, §2; SL 2004, ch 161, §2; SL 2009, ch 10, §18; SL 2014, ch 112, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-12 - Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability.

23-5-12. Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability.
Any person may examine criminal history information filed with the attorney general that refers to that person. The person requesting such information shall supply the attorney general with a written request together with fingerprint identification. The person may also authorize the attorney general to release his criminal history information to other individuals or organizations. The attorney general may require the person to sign a waiver releasing the state, its employees or agents from any liability before releasing criminal history information.
Source:
SL 1986, ch 189, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-12.1 - Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent.

23-5-12.1. Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent.
The superintendent of any public school or nonpublic school or the owner or operator of any child welfare agency as defined in §26-6-1 or a certified social worker eligible to engage in private independent practice as defined in §36-26-17 may submit the name of any person being considered for employment by the school or agency or as an adoptive or foster parent, either directly or by contract, to the Division of Criminal Investigation for a criminal record check. If the division determines the person has a record of criminal convictions, the division shall notify the superintendent, owner, operator, or social worker of the criminal offenses.
Source:
SL 1995, ch 126, §1; SL 2002, ch 116, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05 - Criminal Identification › Section 23-5-13 - Costs of providing information--Special revenue fund.

23-5-13. Costs of providing information--Special revenue fund.
Any costs collected pursuant to §1-11-13 for providing information requested under §23-5-12 shall be deposited in a special revenue fund for reimbursement to the Office of the Attorney General for the costs of administering the procedure authorized in §23-5-12.
Source:
SL 1986, ch 189, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-1 - Definition of terms.

23-5A-1. Definition of terms.
Terms used in this chapter mean:
(1)"CODIS," the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories. The term includes the national DNA identification index administered and operated by the Federal Bureau of Investigation;
(2)"Conviction," includes a finding of guilt by a jury or a court, guilty plea, plea of nolo contendere, or finding of not guilty by reason of insanity or mental disease or defect. A finding of not guilty by reason of insanity or mental disease or defect is considered a conviction solely for purposes of this chapter insofar as such finding requires a person to provide a DNA sample;
(3)"Criminal justice agency," an agency or institution of a federal, state, or local government, other than the office of the public defender, which performs as part of its principal function, activities relating to the apprehension, investigation, prosecution, adjudication, incarceration, supervision, or rehabilitation of criminal offenders;
(4)"DNA," deoxyribonucleic acid;
(5)"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;
(6)"DNA sample," a biological sample provided by any person with respect to offenses covered by this chapter or submitted to the South Dakota State Forensic Laboratory pursuant to this chapter for analysis or storage or both;
(7)"FBI," the Federal Bureau of Investigation;
(8)"Qualifying offense," any felony offense under the laws of this state, a crime of violence as defined in §22-1-2 , or a violation of chapter 22-22.
Source:
SL 2003, ch 133, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-2 - Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.

23-5A-2. Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.
There is hereby established under the administration of the South Dakota State Forensic Laboratory the State DNA Database and State DNA Databank. The South Dakota State Forensic Laboratory shall provide DNA records to the Federal Bureau of Investigation for the searching of DNA records nationwide and storage and maintenance by CODIS. The State DNA Databank shall serve as the repository for DNA samples obtained pursuant to this chapter. The State DNA Database shall be compatible with the procedures specified by the Federal Bureau of Investigation, including use of comparable test procedures, laboratory and computer equipment, supplies, and computer platform and software. The State DNA Database shall have the capability provided by computer software and procedures administered by the South Dakota State Forensic Laboratory to store and maintain DNA records related to:
(1)Crime scene evidence and forensic casework;
(2)Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this chapter;
(3)Unidentified persons or body parts;
(4)Relatives of missing persons; and
(5)Anonymous DNA profiles used for forensic validation, forensic protocol development, or quality control purposes or establishment of a population statistics database.
Source:
SL 2003, ch 133, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-3 - Duties of State Forensic Laboratory.

23-5A-3. Duties of State Forensic Laboratory.
The South Dakota State Forensic Laboratory shall:
(1)Administer the State DNA Identification Record System to support law enforcement agencies and other criminal justice agencies;
(2)Promulgate rules, pursuant to chapter 1-26, regarding DNA evidence collection, storage, and transfer, and the dissemination of information relating to the DNA evidence;
(3)Provide for liaison with the FBI and other criminal justice agencies relating to the state's participation in CODIS and the National DNA Identification Index or in any DNA database designated by the South Dakota State Forensic Laboratory.
Source:
SL 2003, ch 133, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-4 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.

23-5A-4. Persons required to provide DNA sample--Retroactivity of requirement.
Any person convicted or adjudicated delinquent for a qualifying offense on or after July 1, 2003, shall provide a DNA sample upon intake or as determined by the supervising agency. However, this requirement does not apply if the person's DNA sample is included in the State DNA Database. A person who has been convicted or adjudicated delinquent for a qualifying offense before July 1, 2003, and who is still incarcerated or under supervision as of July 1, 2003, shall provide a DNA sample as determined by the supervising agency or institution.
Source:
SL 2003, ch 133, §4; SL 2008, ch 114, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-5 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.

23-5A-5. Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.
Any person who is convicted or adjudicated delinquent for a qualifying offense on or after July 1, 2003, shall provide a DNA sample as follows:
(1)Any person who is sentenced or receives a delinquency disposition to a period of incarceration shall provide a DNA sample upon intake to a prison, jail, juvenile detention facility, mental health facility, or any other detention facility or institution. If the person is already confined at the time of sentencing or adjudication, the person shall provide a DNA sample immediately after the sentencing or adjudication;
(2)Any person who is convicted or adjudicated delinquent for a qualifying offense shall provide a DNA sample as a condition for any sentence or adjudication which disposition will not involve a period of incarceration. The agency supervising the person shall determine the time for collection of the DNA sample; and
(3)Under no circumstances may any person who is convicted or adjudicated delinquent for a qualifying offense be released in any manner after such disposition unless and until that person has provided a DNA sample.
Source:
SL 2003, ch 133, §5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-5.1 - Registered sex offenders required to provide DNA sample.

23-5A-5.1. Registered sex offenders required to provide DNA sample.
Any person who is required to register as a sex offender pursuant to §§22-24B-1 to 22-24B-14, inclusive, shall provide a DNA sample as required in this chapter.
Source:
SL 2006, ch 123, §11.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-5.2 - Adult arrested for qualifying offense required to provide DNA sample.

23-5A-5.2. Adult arrested for qualifying offense required to provide DNA sample.
Any person eighteen years of age or older who is arrested for a qualifying offense shall provide a DNA sample upon booking or as determined by the supervising agency. If it is determined that the person's DNA sample is included in the State DNA Database, no additional sample is required.
Source:
SL 2008, ch 114, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-6 - Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample.

23-5A-6. Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample.
Any person who has been convicted or adjudicated delinquent for a qualifying offense before July 1, 2003, and who is still serving a period of incarceration or is still under supervised release on July 1, 2003, shall provide a DNA sample as determined by the custodial institution or supervising agency and may not be released in any manner prior to the expiration of the person's maximum term of incarceration or supervised release unless and until that person has provided a DNA sample.
Source:
SL 2003, ch 133, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-7 - Interjurisdictional provisions to provide DNA sample.

23-5A-7. Interjurisdictional provisions to provide DNA sample.
If the state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in §23-5A-1 if committed in this state, or if the person was convicted of an equivalent offense in any other jurisdiction. The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency.
Source:
SL 2003, ch 133, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-8 - Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application.

23-5A-8. Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application.
The requirements of this chapter apply regardless of whether a court advises a person that a DNA sample must be provided to the State DNA Databank and Database as a condition of probation or parole. No person who has been sentenced to death or life without the possibility of parole, or to any life or indeterminate term of incarceration is exempt from the requirements of this chapter. Any person subject to this chapter, who has not provided a DNA sample for any reason, including the person's release prior to July 1, 2003, an oversight or error, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the State DNA Database after being notified by the South Dakota Division of Criminal Investigation. If a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.
Source:
SL 2003, ch 133, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-9 - Agencies or institutions may contract with third parties to collect samples.

23-5A-9. Agencies or institutions may contract with third parties to collect samples.
The agency or institution having custody or control or the agency providing supervision of persons convicted or adjudicated delinquent for qualifying offenses, as appropriate, may contract with third parties to provide for the collection of the DNA samples described in §§23-5A-5, 23-5A-6, and 23-5A-7.
Source:
SL 2003, ch 133, §9.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-10 - Fingerprints to be provided as identification of person.

23-5A-10. Fingerprints to be provided as identification of person.
A fingerprint or fingerprints shall be provided from a person convicted of, or adjudicated delinquent for, a qualifying offense for the purpose of verifying the identity of that person.
Source:
SL 2003, ch 133, §10.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-11 - DNA samples to be forwarded to State Forensic Laboratory.

23-5A-11. DNA samples to be forwarded to State Forensic Laboratory.
DNA samples collected pursuant to this chapter shall be forwarded to the South Dakota State Forensic Laboratory in accordance with procedures established by the South Dakota State Forensic Laboratory.
Source:
SL 2003, ch 133, §11.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-12 - Immunity from liability of persons collecting DNA samples.

23-5A-12. Immunity from liability of persons collecting DNA samples.
No person authorized to collect DNA samples may be held civilly or criminally liable for the collection of a DNA sample pursuant to this chapter if such person performs these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.
Source:
SL 2003, ch 133, §12.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-13 - Reasonable force allowed in collection of DNA sample--Immunity from liability.

23-5A-13. Reasonable force allowed in collection of DNA sample--Immunity from liability.
Duly authorized law enforcement and corrections personnel may employ reasonable force in cases if an individual refuses to provide a DNA sample required under this chapter. No such employee may be held civilly or criminally liable for the use of such reasonable force.
Source:
SL 2003, ch 133, §13.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-14 - Refusal to supply sample a felony.

23-5A-14. Refusal to supply sample a felony.
Any person who is subject to the requirements of this chapter, and who, after receiving notification of the requirement to provide a DNA sample, knowingly refuses to provide such DNA sample, is guilty of a Class 5 felony.
Source:
SL 2003, ch 133, §14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-15 - Mistaken collection or placement of sample does not invalidate sample's use in database.

23-5A-15. Mistaken collection or placement of sample does not invalidate sample's use in database.
The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the sample was obtained or placed in the database by mistake.
Source:
SL 2003, ch 133, §15.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-16 - Promulgation of rules for collection, analysis, storage, etc.

23-5A-16. Promulgation of rules for collection, analysis, storage, etc..
The attorney general's office may promulgate rules pursuant to chapter 1-26, for the collection, submission, identification, analysis, storage, and disposition of the DNA samples and DNA records collected under this chapter. The DNA records shall be securely stored in the State DNA Database consistent with the procedures established by the FBI. These procedures shall also require compliance with national quality assurance standards to ensure that the DNA records satisfy standards for acceptance of such records into the national DNA identification index.
Source:
SL 2003, ch 133, §16.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-17 - Permissible uses of DNA analyses.

23-5A-17. Permissible uses of DNA analyses.
The analyses to be performed on each DNA sample collected pursuant to this chapter shall be used only for law enforcement identification purposes, to assist in the recovery or identification of human remains or missing persons, or subject to the conditions of subdivision 23-5A-25(4). Analyses of DNA samples obtained pursuant to this chapter are not authorized for identification of any medical or genetic disorder.
Source:
SL 2003, ch 133, §17; SL 2010, ch 124, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-18 - Uses of DNA samples remaining after analyses.

23-5A-18. Uses of DNA samples remaining after analyses.
All or part of the remainder of the DNA sample stored in the State DNA Databank may be used only for forensic validation studies and forensic protocol development purposes and to create a statistical database provided that no personally identifying information is included or for retesting to validate or update the original analysis or for quality control purposes.
Source:
SL 2003, ch 133, §18.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-19 - Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution.

23-5A-19. Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution.
The results of any analyses conducted pursuant to this chapter from a person adjudicated delinquent may be used for any law enforcement identification purpose, including adult prosecutions.
Source:
SL 2003, ch 133, §19.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-20 - Revocation of license of public DNA laboratory.

23-5A-20. Revocation of license of public DNA laboratory.
The South Dakota State Forensic Laboratory may revoke the right of any public forensic DNA laboratory within the state to access and contribute DNA records to the State DNA Database if the required disclosure and quality assurance standards required by this chapter are not met.
Source:
SL 2003, ch 133, §20.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-21 - Third party contractors--Subject to restrictions and requirements of this chapter.

23-5A-21. Third party contractors--Subject to restrictions and requirements of this chapter.
The South Dakota State Forensic Laboratory may contract with third parties for the purposes of implementing this chapter. Any other party contracting to carry out the functions of this chapter is subject to the same restrictions and requirements of this chapter, insofar as applicable, as the South Dakota State Forensic Laboratory, as well as any additional restrictions imposed by the South Dakota State Laboratory.
Source:
SL 2003, ch 133, §21.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-22 - Confidentiality of records--Disclosure prohibited.

23-5A-22. Confidentiality of records--Disclosure prohibited.
Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory pursuant to this chapter is confidential and may not be disclosed to or shared with any person or agency unless disclosure is authorized by this chapter.
Source:
SL 2003, ch 133, §22.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-23 - Records not public.

23-5A-23. Records not public.
Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory pursuant to this chapter is confidential and is not a public record under chapter 1-27.
Source:
SL 2003, ch 133, §23.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-24 - Discovery rules govern access to DNA records.

23-5A-24. Discovery rules govern access to DNA records.
In the case of a criminal proceeding, requests to access a person's DNA record shall be in accordance with the rules for criminal discovery under Title 23A.
Source:
SL 2003, ch 133, §24.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-25 - Release of record or sample for certain authorized purposes.

23-5A-25. Release of record or sample for certain authorized purposes.
Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory may only be released for the following authorized purposes:
(1)For law enforcement identification purposes, including the identification of human remains, to federal, state, or local criminal justice agencies;
(2)For criminal defense and appeal purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged or was convicted;
(3)If personally identifiable information is removed, for forensic validation studies, forensic protocol development or quality control purposes and for establishment or maintenance of a population statistics database, to federal, state, or local forensic laboratories or law enforcement agencies; and
(4)If ordered by the court for determination of parentage and if there is no other available DNA sample and all other reasonable opportunities to locate a known sample have been exhausted.
Source:
SL 2003, ch 133, §25; SL 2010, ch 124, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-26 - Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony.

23-5A-26. Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony.
Any person who knowingly or intentionally discloses any DNA record or the results of a forensic DNA analysis, to a person or agency other that one authorized to have access to such records under this chapter; or knowingly or intentionally uses or receives DNA records, or the results of a forensic DNA analysis, for purposes other than those authorized under this chapter; or knowingly or intentionally tampers or attempts to tamper with any DNA sample or the collection container without lawful authority, is guilty of a Class 5 felony.
Source:
SL 2003, ch 133, §26.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-27 - Confidentiality of software and databases used by state laboratory.

23-5A-27. Confidentiality of software and databases used by state laboratory.
The computer software and database structures used by the South Dakota State Forensic Laboratory to implement this chapter are confidential.
Source:
SL 2003, ch 133, §27.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-28 - Request for expungement--Grounds.

23-5A-28. Request for expungement--Grounds.
Any person whose DNA record or DNA profile has been included in the State DNA Database in accordance with this chapter may request expungement on the grounds that the arrest that led to the inclusion of the person's DNA record or DNA profile has not resulted in a felony charge within one year; has been resolved by a dismissal, acquittal, or misdemeanor conviction; or has not resulted in a felony conviction; or the conviction or delinquency adjudication on which the authority for including that person's DNA record or DNA profile was based has been reversed and the case dismissed.
Source:
SL 2003, ch 133, §28; SL 2008, ch 114, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-29 - Expungement of record--Receipt of court order--Exception.

23-5A-29. Expungement of record--Receipt of court order--Exception.
Upon receipt of written request for expungement; certified copy of the final court order reversing and dismissing the conviction or delinquency adjudication; and any other information necessary to ascertain the validity of the request, the South Dakota State Forensic Laboratory shall expunge all DNA records and identifiable information in the database pertaining to the person and destroy the DNA sample from the person, unless the South Dakota State Forensic Laboratory determines that the person has otherwise become obligated to submit a DNA sample.
Source:
SL 2003, ch 133, §29.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-30 - Expungement not required if certain other evidence would be destroyed.

23-5A-30. Expungement not required if certain other evidence would be destroyed.
The South Dakota State Forensic Laboratory is not required to destroy an item of physical evidence obtained from a sample if evidence relating to another person would thereby be destroyed.
Source:
SL 2003, ch 133, §30.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-31 - Failure to expunge not grounds for invalidation.

23-5A-31. Failure to expunge not grounds for invalidation.
Any identification, warrant, probable cause to arrest, or arrest based upon a database match is not invalidated due to a failure to expunge or a delay in expunging records.
Source:
SL 2003, ch 133, §31.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05A - DNA Samples › Section 23-5A-32 - Liberal construction of chapter--Other laws.

23-5A-32. Liberal construction of chapter--Other laws.
The provisions of this chapter shall be liberally construed and shall be held to in addition to, and not in substitution for or a limitation of, the provisions of any other law.
Source:
SL 2003, ch 133, §32.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.