FOR AN ACT ENTITLED, An Act to permit the utilization of certaion DNA samples to determine parentage under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 23-5A-17 be amended to read as follows:
    23-5A-17. The analyses to be performed on each DNA sample collected pursuant to this chapter shall be used only for law enforcement identification purposes or, to assist in the recovery or identification of human remains or missing persons, or to determine parentage subject to the conditions of subdivision 23-5A-25(4). Analyses of DNA samples obtained pursuant to this chapter is are not authorized for identification of any medical or genetic disorder.
    Section 2. That § 23-5A-25 be amended to read as follows:
    23-5A-25. Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory may only be released for the following authorized purposes:

            (1)    For law enforcement identification purposes, including the identification of human

remains, to federal, state, or local criminal justice agencies;

            (2)    For criminal defense and appeal purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged or was convicted; and

            (3)    If personally identifiable information is removed, for forensic validation studies, forensic protocol development or quality control purposes and for establishment or maintenance of a population statistics database, to federal, state, or local forensic laboratories or law enforcement agencies; and

            (4)    If ordered by the court for determination of parentage and if there is no other available DNA sample and all other reasonable opportunities to locate a known sample have been exhausted.