71 chapters · 403 sections in this title.
SDCL § 23-5C-1 Definitions
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Terms used in this chapter mean: (1) "Accredited laboratory," a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests; (2) "DNA," deoxyribonucleic acid;…
SDCL § 23-5C-2 Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Minor's consent--No impact on mandatory reporting--Release of sexual assault kit--Preservation of sexual assault kit
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A health care facility examining or treating a victim of rape or sexual assault shall give the victim, or a victim or witness assistant, the option of reporting the rape or sexual assault to an appropriate law enforcement agency. A health care facility may not require the victim …
SDCL § 23-5C-3 Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected
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A health care facility shall assign a code number to a sexual assault kit, and provide the code number to the victim as well as information identifying the law enforcement agency where the kit will be stored. The health care facility shall maintain the code record for at least se…
SDCL § 23-5C-4 Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database
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For any rape or sexual assault that is reported by a victim under § 23-5C-2 , the law enforcement agency that receives a sexual assault kit from the health care facility in accordance with §§ 23-5C-2 and 23-5C-3 shall submit the evidence to the Division of Criminal Investigation …