South Dakota § 23A-35B-9 Time for HIV testing.

South Dakota Statutes

§ 23A-35B-9 — Time for HIV testing.

South Dakota § 23A-35B-9

Title 23ACRIMINAL PROCEDURE

Ch. 23A-35BBLOOD-BORNE PATHOGEN TESTING OF DEFENDANTS, JUVENILES, AND SOURCE

This text of South Dakota § 23A-35B-9 (Time for HIV testing.) 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-9 (2026).

Text

After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for testing and forward them to the Department of Health. The Department of Health shall initiate the test for HIV within forty-eight hours after the department receives the blood sample. If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.

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After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for testing and forward them to the Department of Health. The Department of Health shall initiate the test for HIV within forty-eight hours after the department receives the blood sample. If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.