§ 23A-35B-1 Definitions
§ 23A-35B-2 Victim’s request for testing of self
§ 23A-35B-3 Victim’s request for testing of defendant or juvenile–Hearing–Search warrant forblood sample–Time for testing
§ 23A-35B-3.1 Victim request for HIV test of defendant or juvenile–Hearing–Order–Time fortesting
§ 23A-35B-4 Testing procedure–Notification of victim as to results–Payment for testing
§ 23A-35B-5 Confidentiality–Test results unavailable to establish guilt or innocence
§ 23A-35B-6 Testing or counseling for officer upon possible exchange of bodily fluids withsuspect
§ 23A-35B-7 Emergency medical services person’s request for information or testing of sourceindividual
§ 23A-35B-8 Mandatory HIV testing of persons convicted of prostitution or solicitation ofprostitution
§ 23A-35B-9 Time for HIV testing
§ 23A-35B-10 Convicted person to pay cost of testing
§ 23A-35B-11 Confidentiality of test results
§ 23A-35B-12 Petition for release of test results–Hearing
§ 23A-35B-13 Test results not to be used in criminal prosecution–Confidentiality
criminal case

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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 35B - Blood-Borne Pathogen Testing of Defendants, Juveniles, and Source Individuals

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2