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§ 23-5A-25 Release of record or sample for certain authorized purposes.

SD Codified L § 23-5A-25 (2019) (N/A)
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23-5A-25. Release of record or sample for certain authorized purposes. Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory may only be released for the following authorized purposes:

(1) For law enforcement identification purposes, including the identification of human remains, to federal, state, or local criminal justice agencies;

(2) For criminal defense and appeal purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged or was convicted;

(3) If personally identifiable information is removed, for forensic validation studies, forensic protocol development or quality control purposes and for establishment or maintenance of a population statistics database, to federal, state, or local forensic laboratories or law enforcement agencies; and

(4) If ordered by the court for determination of parentage and if there is no other available DNA sample and all other reasonable opportunities to locate a known sample have been exhausted.Source: SL 2003, ch 133, § 25; SL 2010, ch 124, § 2.

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§ 23-5A-24 Discovery rules govern access to DNA records.
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