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 or another accredited laboratory for analysis no more than fourteen days following the agency’s receipt of the sexual assault kit. Any sexual assault kit that is submitted to the Division of Criminal Investigation or another accredited laboratory shall be analyzed within ninety days.

Any DNA record for a sexual assault kit analyzed under this section shall be uploaded into a database specified by the Division of Criminal Investigation. Any failure to comply with this chapter does not constitute grounds for challenging the validity of a DNA database match or of any database information in a criminal proceeding. A DNA record may not be excluded as evidence by a court solely on the grounds of failure to comply with this chapter.

criminal case

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Terms Used In South Dakota Codified Laws 23-5C-4

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Source: SL 2016, ch 130, § 4; SL 2019, ch 112, § 3.

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