GroundRules
← Search the law
South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-35B-12: Petition for release of test results--Hearing.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-35B. BLOOD-BORNE PATHOGEN TESTING OF DEFENDANTS, JUVENILES, AND SOURCE

Any person who may have had sexual relations with or otherwise exchanged bodily fluids with the tested person may petition the court to receive the results of the HIV test. The petition shall state that the petitioner believes there was an exchange of blood, semen, or other bodily fluids with the tested person and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the petitioner and the tested person may be present. If the court finds probable cause that there was an exchange of blood, semen, or other bodily fluids, the court may issue an order releasing the test results to the petitioner.

Source: SL 2012, ch 134, § 5.

Collected 2026-09-03T15:18:56Z. Source file · JSON

Browse this collection