Title 23 — LAW ENFORCEMENT
71 chapters · 403 sections in this title.
SDCL § 23-5B-1 Order upon motion for DNA testing of person convicted of felony--Requirements
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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, un…
SDCL § 23-5B-10 Inconclusive test results or match between DNA sample and DNA evidence
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If the DNA test results obtained pursuant to this chapter are inconclusive or show that the petitioner was the source of the DNA evidence, the DNA sample of the petitioner shall be retained in the State DNA Database. Source: SL 2009, ch 120 , § 10.
SDCL § 23-5B-11 Match between DNA sample and other offense
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If the DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, and a comparison of the DNA sample of the petitioner results in a match between the DNA sample of the petitioner and another offense, the attorney general shall not…
SDCL § 23-5B-12 Denial of relief upon inconclusive test results
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If DNA test results obtained pursuant to this chapter are inconclusive, the circuit court shall deny the petitioner relief. Source: SL 2009, ch 120 , § 12.
SDCL § 23-5B-13 Effect of match between DNA sample and DNA evidence
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If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall: (1) Deny the petitioner relief; and (2) On motion of the state: (a) Assess the petitioner the cost of any DNA testing carried out pursuant to this c…
SDCL § 23-5B-14 Sentencing in prosecution for false assertions
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In any prosecution of the petitioner pursuant to this chapter for false assertions or other conduct in proceedings pursuant to this chapter, the court, upon conviction of the petitioner, shall sentence the petitioner to a sentence that runs consecutively to any other term of impr…
SDCL § 23-5B-15 Motion for new trial where testing excludes petitioner as source of DNA evidence
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If DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file such motion for a new trial and for the sta…
SDCL § 23-5B-16 Grounds for new trial
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The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in § 23-5B-1 , for…
SDCL § 23-5B-17 Habeas corpus
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Nothing in this chapter provides a basis for relief in any state or federal habeas corpus proceeding. Source: SL 2009, ch 120 , § 17.
SDCL § 23-5B-2 Notice to attorney general and state's attorney of motion for testing--Response
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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 t…
SDCL § 23-5B-3 Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney
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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…
SDCL § 23-5B-4 Petitioner may retain counsel
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Nothing in this chapter precludes a petitioner from proceeding with privately retained counsel. Source: SL 2009, ch 120 , § 4.
SDCL § 23-5B-5 Preservation of evidence in state custody
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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 pros…
SDCL § 23-5B-6 Testing laboratory
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The court shall direct that any DNA testing ordered pursuant to § 23-5B-1 be carried out by the South Dakota Division of Criminal Investigation. However, the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrit…
SDCL § 23-5B-7 Testing by agreement
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Nothing in this chapter prohibits a convicted person and the state from consenting to and conducting post-conviction DNA testing by agreement of the parties, without filing a motion for post-conviction DNA testing pursuant to this chapter. Source: SL 2009, ch 120 , § 7.
SDCL § 23-5B-8 Disclosure of test results
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The results of any DNA testing ordered pursuant to § 23-5B-1 shall be disclosed to the court, the petitioner, and the state. Source: SL 2009, ch 120 , § 8.
SDCL § 23-5B-9 Submission of test results to State DNA Database
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The state shall submit any test results relating to the DNA of the petitioner to the State DNA Database. Source: SL 2009, ch 120 , § 9.