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South DakotaSB 123100th South Dakota Legislature (2025)Senate

revise provisions related to forensic medical examinations.

Sponsored By: Reed, Tim S. (Republican), Rehfeldt, Taylor (Republican)

Signed by Governor

CrimesSex Offenses

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Protected patients can consent to exams

Patients legally classified as protected persons can receive a forensic exam without guardian approval if they give informed consent. They must agree freely, knowingly, and competently, without pressure, after a full, understandable explanation of important information. If there is a guardian, the provider must make a good-faith effort before the exam to notify them of the consent. No notice is required when the guardian is the suspected offender.

Teens 16 and older can consent

Minors age 16 or older can agree to a forensic medical exam without a parent’s or guardian’s permission. Their consent cannot be canceled simply because they are minors. After the exam, the provider must take reasonable steps to notify a parent or guardian. This notice is not required when that person is the suspected offender.

Counties pay victims’ forensic exam costs

In South Dakota, the county where an alleged rape or sexual offense occurred must pay for the victim’s forensic exam. Covered costs include related medical services, forensic supplies, scope procedures, lab tests, radiology, and any medication provided during the exam. Tests include drug, pregnancy, and sexually transmitted infection screening when directly related to the exam. The exam includes checking injuries, interviewing the patient, taking medical history, triage, consultation, and collecting and evaluating evidence. Evidence work includes photos, medical samples, preserving evidence, tracking who handles it, and assessing alcohol- or drug-facilitated assault. It also includes toxicology screening deemed necessary by the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner.

Providers gain protection for consent decisions

The law protects clinicians, hospitals, and clinics from criminal charges, civil liability, and professional discipline for specified forensic-exam consent decisions. A physician, physician assistant, nurse practitioner, or sexual assault nurse examiner must reasonably assess consent capacity in good faith. Protection covers following the patient’s directions when found capable, or not following them when found incapable. It also covers making that capacity decision. This protection does not itself require providers to follow or reject a patient’s directions.

Convicted offenders must repay exam costs

People convicted of rape or a sexual offense must repay the county for forensic exams resulting from that offense. The court includes repayment in the sentence. Repayment covers the exam cost; the law sets no fixed dollar amount or calculation formula.

Sponsors & Cosponsors

Sponsors

  • Reed, Tim S.

    Republican • Senate

  • Rehfeldt, Taylor

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 124 • No: 0

House vote • 2/27/2025

Do Pass Amended

Yes: 70 • No: 0

House vote • 2/26/2025

Do Pass

Yes: 13 • No: 0

Senate vote • 2/19/2025

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 2/12/2025

Do Pass

Yes: 7 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/13/2025Senate

  2. Delivered to the Governor

    3/5/2025Senate

  3. Signed by the Speaker

    3/4/2025House

  4. Signed by the President

    3/3/2025Senate

  5. House of Representatives Do Pass Amended, Passed, YEAS 70, NAYS 0

    2/27/2025House

  6. Certified uncontested, placed on consent

    2/26/2025House

  7. House Judiciary Do Pass, Passed, YEAS 13, NAYS 0

    2/26/2025House

  8. Scheduled for hearing

    2/26/2025House

  9. First read in House and referred to House Judiciary

    2/20/2025House

  10. Senate Do Pass Amended, Passed, YEAS 34, NAYS 0

    2/19/2025Senate

  11. Senate Motion to amend, Passed

    2/19/2025Senate

  12. Remove from Consent Calendar

    2/18/2025Senate

  13. Certified uncontested, placed on consent

    2/12/2025Senate

  14. Senate Judiciary Do Pass, Passed, YEAS 7, NAYS 0

    2/12/2025Senate

  15. Scheduled for hearing

    2/12/2025Senate

  16. Scheduled for hearing

    2/11/2025Senate

  17. Referred to Senate Judiciary

    1/30/2025Senate

  18. First Reading Senate

    1/29/2025Senate

Bill Text

  • Introduced

    1/29/2025

    PDF

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