AN ACT
ENTITLED, An Act to permit the utilization of certain 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, to assist in the recovery or identification of human remains or missing persons, or subject to the conditions of subdivision 23-5A-25(4). Analyses of DNA samples obtained pursuant to this chapter 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:
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, to assist in the recovery or identification of human remains or missing persons, or subject to the conditions of subdivision 23-5A-25(4). Analyses of DNA samples obtained pursuant to this chapter 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;
(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
An Act to permit the utilization of certain DNA samples to determine parentage under certain conditions.
exhausted.
An Act to permit the utilization of certain DNA samples to determine parentage under certain conditions.
I certify that the attached Act originated in the
SENATE as Bill No. 132
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 132 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |