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South Dakota statute

SDCL § 23A-35B-9 — Time for HIV testing

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-9

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.

SDCL § 23A-35B-9Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for testing and forward them to the Department of Health. The Department of Health shall initiate the test for HIV within forty-eight hours after the department receives the blood sample. If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.

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This reference is informational and is not legal advice.