§ 23A-35B-4 — Testing procedure--Notification of victim as to results--Payment for testing.

South Dakota § 23A-35B-4

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

Text

A health professional licensed or certified to do so shall take the blood samples required for testing for blood - borne pathogen infection and forward them to the Department of Health for testing. The testing shall take place under a test protocol determined by the Department of Health. A licensed physician designated by the victim or the law enforcement officer to receive the results of the test shall notify the victim or the law enforcement officer of the results of the victim's or law enforcement officer's test and shall notify the victim or the law enforcement officer and the defendant or the juvenile of the results of the defendant's or the juvenile's test within forty - eight hours after receipt. The county in which the alleged crime of violence, assault, sexual assault, or equivalent juvenile offense occurred shall pay for the services of the licensed or certified health professionals involved in the counseling and the testing, and a defendant, if convicted, shall reimburse the county for the costs of the testing. If the defendant is an inmate under the jurisdiction of the Department of Corrections, the costs of the testing shall be taken from the inmate's account pursuant to § 24-2-29 .

Legislative History

SL 1991, ch 203, § 3; SL 1992, ch 172, § 4; SL 1993, ch 184, § 4; SL 2002, ch 121, § 2.