§ 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 convicted or adjudicated delinquent for qualifying offense required toprovide DNA sample
§ 23-5A-5 Persons convicted or adjudicated delinquent for qualifying offense required toprovide 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 uponprovision 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 personssentenced 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 indatabase
§ 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 adultprosecution
§ 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 ortampering 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
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Terms Used In South Dakota Codified Laws > Title 23 > Chapter 5A - DNA Samples

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: includes a finding of guilt by a jury or a court, guilty plea, plea of nolo contendere, or finding of not guilty by reason of insanity or mental disease or defect. See South Dakota Codified Laws 23-5A-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2