South Dakota Statutes
§ 23A-35B-5 — Confidentiality--Test results unavailable to establish guilt or innocence.
South Dakota § 23A-35B-5
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-35BBLOOD-BORNE PATHOGEN TESTING OF DEFENDANTS, JUVENILES, AND SOURCE
This text of South Dakota § 23A-35B-5 (Confidentiality--Test results unavailable to establish guilt or innocence.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 23A-35B-5 (2026).
Text
All persons involved in carrying out the provisions of this chapter shall act in a manner that will protect the confidentiality of the victim, the source individual, and the defendant or juvenile, including sealing relevant court records. The results of the test for infection by blood-borne pathogens may not be used to establish a defendant's guilt or innocence of the charge and may not be used to determine a juvenile's status as a delinquent child.
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Legislative History
SL 1991, ch 203, § 4; SL 1993, ch 184, § 5; SL 2010, ch 132, § 3.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-35B-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-35B-5.