South Dakota statute
SDCL § 23A-35B-12 — Petition for release of test results--Hearing
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 35B: Blood-Borne Pathogen Testing Of Defendants, Juveniles, And Source Individuals, South Dakota Codified Laws.
Full text of SDCL § 23A-35B-12
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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.
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