§ 23A-35B-1 — Definitions.

South Dakota § 23A-35B-1

• Jurisdiction: South Dakota
• Title 23A: CRIMINAL PROCEDURE
• Ch. 23A-35B: BLOOD-BORNE PATHOGEN TESTING OF DEFENDANTS, JUVENILES, AND SOURCE

Text

Terms used in this chapter mean: (1) "Assault," an offense described in § 22-18-1 , in which the facts show a possibility of exchange of bodily fluids; (2) "Blood-borne pathogens," any of a family of pathogenic micro-organisms that are present in and may be transmitted by human blood, including hepatitis B and HIV; (3) "Crime of violence," any of the offenses described in subdivision 22-1-2(9); (4) "Defendant," a person as described in subdivision 23A-45-9(4); (5) "Emergency medical services person," a person who renders emergency care or assistance including: (a) A person employed or receiving compensation to provide out-of-hospital emergency medical services such as a firefighter, paramedic, emergency medical technician, licensed nurse, rescue squad person, or other person who serves as an employee or volunteer of an ambulance service or other first responder, who provides out-of-hospital emergency medical services during the performance of the person's duties; (b) A person employed as a law enforcement officer; (c) A person employed as a coroner or a funeral director; (d) A person employed as a forensic crime laboratory worker while working outside the laboratory and involved in a criminal investigation; or (e) A person who renders emergency care or assistance at the scene of an emergency or while an injured person is being transported to receive medical care and who is acting as an unpaid volunteer also known as a good samaritan; (6) "HIV," the human immunodeficiency virus or any other identified causative agent of acquired immune deficiency syndrome (AIDS); (7) "Juvenile," a minor charged in juvenile court with being a delinquent child as the result of actions that would constitute a sexual assault, an assault or a crime of violence in criminal court; (8) "Law enforcement officer," any person described in subdivision 23A-45-9(9) or (14); (9) "Sexual assault," an offense described in chapter 22-22 in which the facts show a possibility of exchange of bodily fluids; (10) "Source individual," any person, living or dead, whose blood, tissue, or potentially infectious body fluids may be a source of blood-borne pathogen exposure to an emergency medical services person; (11) "Test," "testing," any medically recognized test for determining the presence of blood-borne pathogens; and (12) "Victim," any person who is the direct subject of an alleged act which would constitute a crime of violence as defined by subdivision 22-1-2(9), a violation of chapter 22-22 , an assault as defined by § 22-18-1 , a violation of § 22-18-26 , or a motor vehicle accident which involved a violation of chapter 32-23 or the parent or guardian of such a person if the person is under age eighteen. Except for § 23A-35B-3 , a victim also includes any emergency medical services person who has potentially been exposed to a blood-borne pathogen while rendering aid to a source individual. If a victim is unable to make a request, a member of the victim's immediate family may make such request upon the victim's behalf.

Legislative History

SL 1991, ch 203, § 1; SL 1992, ch 172, § 1; SL 1993, ch 184, § 1; SL 2002, ch 121, § 1; SL 2010, ch 132, § 1.