AN ACT
ENTITLED, An Act to provide for a court order to test for HIV at the request of victims of certain
crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23A-35B be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23A-35B be amended by adding a NEW SECTION to read:
A victim, or a victim or witness assistant, may request in writing to the state's attorney that a
defendant or juvenile against whom an information, indictment, or petition is presented for a crime
in which, by force or threat of force, the defendant or juvenile compelled the victim to engage in
sexual activity be tested for HIV by the Department of Health, and that a search warrant be obtained
for the purpose of taking a blood sample from the defendant or juvenile to test for HIV. A request
under this section shall state that the victim believes there was an exchange of blood, semen, or other
bodily fluids from the defendant or juvenile to the victim, and shall state the factual basis for
believing the exchange occurred.
Upon motion, a court of competent jurisdiction shall hold a hearing at which both the victim and
defendant or juvenile may be present. If the court finds probable cause that the defendant or juvenile
committed the offense and that there was an exchange of blood, semen, or other bodily fluids from
the defendant or juvenile to the victim, the court shall order a search warrant for the purpose of
taking a blood sample from the defendant or juvenile to test for HIV in accordance with § 23A-35B-4. A blood sample shall be taken within forty-eight hours of the date of the request under this section
or, if later, the date on which the information, indictment, or petition was:
(1) Presented or filed, and the defendant or juvenile was taken into custody; or
(2) Served on the defendant or juvenile.
The court shall include in the order a requirement for any follow-up test for HIV that is medically
appropriate based on the results of the initial test. Payment for any test for HIV under this section
An Act to provide for a court order to test for HIV at the request of victims of certain crimes.
shall be in accordance with § 23A-35B-4. The victim, the victim or witness assistant, and the defendant shall be notified in accordance with § 23A-35B-4 of the results of any test for HIV under this section.
An Act to provide for a court order to test for HIV at the request of victims of certain crimes.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1061
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1061 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 _________________________ |
