South Dakota

23-5-1. Criminal identifying information--Procurement and filing by attorney general.

23-5-2. Cooperation of attorney general with law enforcement officers to establish complete state system.

23-5-3. Criminal records of inmates of penal institutions--Procuring and filing.

23-5-4. Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor.

23-5-5. Fingerprints taken on arrest--Comparison with files--Information on previous criminal record.

23-5-6. Identification records made by wardens and superintendents of penal institutions.

23-5-7. Identification records to be filed and preserved--Restrictions as to use.

23-5-8. Warden of correctional facility--Furnishing of identification of inmates, transmission to Division of Criminal Investigation.

23-5-9. 23-5-9. Repealed by SL 1974, ch 55, § 50

23-5-10. Definition of terms.

23-5-11. Confidential criminal justice information not subject to inspection--Exception.

23-5-12. Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability.

23-5-12.1. Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent.

23-5-13. Costs of providing information--Special revenue fund.

23-5-14. 23-5-14 to 23-5-18. Repealed by SL 2003, ch 133, §§ 33 to 37

23-5A-1. Definition of terms.

23-5A-2. Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.

23-5A-3. Duties of State Forensic Laboratory.

23-5A-4. Persons required to provide DNA sample--Retroactivity of requirement.

23-5A-5. Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.

23-5A-5.1. Registered sex offenders required to provide DNA sample.

23-5A-5.2. Adult arrested for qualifying offense required to provide DNA sample.

23-5A-6. Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample.

23-5A-7. Interjurisdictional provisions to provide DNA sample.

23-5A-8. Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application.

23-5A-9. Agencies or institutions may contract with third parties to collect samples.

23-5A-10. Fingerprints to be provided as identification of person.

23-5A-11. DNA samples to be forwarded to State Forensic Laboratory.

23-5A-12. Immunity from liability of persons collecting DNA samples.

23-5A-13. Reasonable force allowed in collection of DNA sample--Immunity from liability.

23-5A-14. Refusal to supply sample a felony.

23-5A-15. Mistaken collection or placement of sample does not invalidate sample's use in database.

23-5A-16. Promulgation of rules for collection, analysis, storage, etc..

23-5A-17. Permissible uses of DNA analyses.

23-5A-18. Uses of DNA samples remaining after analyses.

23-5A-19. Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution.

23-5A-20. Revocation of license of public DNA laboratory.

23-5A-21. Third party contractors--Subject to restrictions and requirements of this chapter.

23-5A-22. Confidentiality of records--Disclosure prohibited.

23-5A-23. Records not public.

23-5A-24. Discovery rules govern access to DNA records.

23-5A-25. Release of record or sample for certain authorized purposes.

23-5A-26. Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony.

23-5A-27. Confidentiality of software and databases used by state laboratory.

23-5A-28. Request for expungement--Grounds.

23-5A-29. Expungement of record--Receipt of court order--Exception.

23-5A-30. Expungement not required if certain other evidence would be destroyed.

23-5A-31. Failure to expunge not grounds for invalidation.

23-5A-32. Liberal construction of chapter--Other laws.

23-5B-1. Order upon motion for DNA testing of person convicted of felony--Requirements.

23-5B-2. Notice to attorney general and state's attorney of motion for testing--Response.

23-5B-3. Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney.

23-5B-4. Petitioner may retain counsel.

23-5B-5. Preservation of evidence in state custody.

23-5B-6. Testing laboratory.

23-5B-7. Testing by agreement.

23-5B-8. Disclosure of test results.

23-5B-9. Submission of test results to State DNA Database.

23-5B-10. Inconclusive test results or match between DNA sample and DNA evidence.

23-5B-11. Match between DNA sample and other offense.

23-5B-12. Denial of relief upon inconclusive test results.

23-5B-13. Effect of match between DNA sample and DNA evidence.

23-5B-14. Sentencing in prosecution for false assertions.

23-5B-15. Motion for new trial where testing excludes petitioner as source of DNA evidence.

23-5B-16. Grounds for new trial.

23-5B-17. Habeas corpus.

23-5C-1. Definitions.

23-5C-2. Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Minor's consent--No impact on mandatory reporting--Release of sexual assault kit--Preservation of sexual assault kit.

23-5C-3. Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected.

23-5C-4. Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.

23-5C-5. 23-5C-5 to 23-5C-7. Repealed by SL 2019, ch 112, §§ 4 to 6.

23A-5-1. (Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors.

23A-5-2. New grand jury ordered after discharge of original jury--Other causes.

23A-5-3. (Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.

23A-5-4. Summons of new jurors after challenge--Oath of jurors chosen for particular case.

23A-5-5. (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.

23A-5-6. (Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings.

23A-5-7. Oath of grand jurors.

23A-5-8. Charge to grand jury by court--Commencement of inquiries.

23A-5-9. General powers of grand jury--Access to prisons and records.

23A-5-10. Advice sought from court or prosecuting attorney.

23A-5-11. (Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other persons--Counsel advising witnesses.

23A-5-11.1. Recording of testimony of witness before grand jury.

23A-5-12. Testimony before grand jury by subject of investigation--Waiver of immunity.

23A-5-13. Notice of rights to subject appearing before grand jury.

23A-5-14. Removal and replacement of attorney for witness appearing before grand jury.

23A-5-15. Evidence heard by grand jury--Order for production of evidence.

23A-5-16. (Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments.

23A-5-17. Disclosure by prosecuting attorney of evidence received by grand jury.

23A-5-18. (Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named on indictment--Dismissal of charge on failure to indict.

23A-5-19. Report filed when indictment not issued.

23A-5-20. (Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors.