SDCL 23A-35B-3.1

SDCL § 23A-35B-3.1 — under BLOOD-BORNE PATHOGEN TESTING OF DEFENDANTS, JUVENILES, AND SOURCE INDIVIDUALS.

SDCL § 23A-35B-3.1

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 §