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59 chapters · 917 sections in this title.
SDCL § 23A-35B-1 Definitions
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Terms used in this chapter mean: (1) "Assault," an offense described in § 22-18-1 , in which the facts show a possibility of exchange of bodily fluids; (2) "Blood-borne pathogens," any of a family of pathogenic micro-organisms that are present in and may be transmitted by human b…
SDCL § 23A-35B-10 Convicted person to pay cost of testing
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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 take…
SDCL § 23A-35B-11 Confidentiality of test results
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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.
SDCL § 23A-35B-12 Petition for release of test results--Hearing
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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 bodil…
