South Dakota Codified Laws 23-5B-13. Effect of match between DNA sample and DNA evidence
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If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall:
(1) Deny the petitioner relief; and
Terms Used In South Dakota Codified Laws 23-5B-13
- 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.
(2) On motion of the state:
(a) Assess the petitioner the cost of any DNA testing carried out pursuant to this chapter; and
(b) Order that the finding be forwarded to the South Dakota Board of Pardons and Paroles so that the board may consider the finding in reviewing any subsequent parole application submitted by the petitioner.
Source: SL 2009, ch 120, § 13.