2008 Senate Bill 133 - Printed

State of South Dakota  
EIGHTY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2008  

139P0203   SENATE BILL   NO.   133  

Introduced by:     Senators Duenwald, Abdallah, Albers, Gant, Garnos, Hansen (Tom), Hauge, Maher, McCracken, McNenny, Napoli, and Schmidt (Dennis) and Representatives Hunt, DeVries, Hackl, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Rausch, Steele, Turbiville, Wick, and Willadsen
 

         FOR AN ACT ENTITLED, An Act to  require that any adult arrested for a qualifying offense provide a DNA sample.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That chapter 23-5A be amended by adding thereto a NEW SECTION to read as follows:
     Any person eighteen years of age or older who is arrested for a qualifying offense shall provide a DNA sample upon booking or as determined by the supervising agency. If it is determined that the person's DNA sample is included in the State DNA Database, no additional sample is required.
     Section 2.  That § 23-5A-4 be amended to read as follows:
     23-5A-4.   Any person convicted or adjudicated delinquent for a qualifying offense on or after July 1, 2003, shall provide a DNA sample upon intake or as determined by the supervising agency. However, this requirement does not apply if the person's DNA sample is included in the State DNA Database. A person who has been convicted or adjudicated delinquent for a

qualifying offense before July 1, 2003, and who is still incarcerated or under supervision as of July 1, 2003, shall provide a DNA sample as determined by the supervising agency or institution.
     Section 3.  That § 23-5A-28 be amended to read as follows:
     23-5A-28.   Any person whose DNA record or DNA profile has been included in the State DNA Database in accordance with this chapter may request expungement on the grounds that the arrest that led to the inclusion of the person's DNA record or DNA profile has not resulted in a felony charge within one year; has been resolved by a dismissal, acquittal, or misdemeanor conviction; or has not resulted in a felony conviction; or the conviction or delinquency adjudication on which the authority for including that person's DNA record or DNA profile was based has been reversed and the case dismissed.

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