ENTITLED, An Act to provide for mandatory HIV testing for any person convicted of prostitution
or solicitation of prostitution and to provide for appropriate utilization of the test results.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Any person convicted of prostitution or solicitation of prostitution shall be required,
with or without that person's consent, to undergo a standard diagnostic test for human
immunodeficiency virus (HIV) under the testing protocol of the Department of Health.
Section 2. 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.
Section 3. The court shall order the convicted person to pay the cost of the testing. The cost shall
be treated as any other court cost or fine under chapter 23A-27. If the person tested is an inmate
under the jurisdiction of the Department of Corrections, the cost of testing shall be taken from the
person's inmate account pursuant to § 24-2-29.
Section 4. The final test results shall be reported to the person tested along with precautionary,
medical care, and counseling information. Except as provided in section 5 of this Act, the results of
the test shall remain confidential.
Section 5. 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.
Section 6. The results of the test may not be used as evidence in any criminal prosecution. All
persons involved in carrying out the provisions of this Act shall act in a manner that will protect the
confidentiality of the petitioner and the person tested, including sealing relevant court records as
provided in § 23A-35B-5.
An Act to provide for mandatory HIV testing for any person convicted of prostitution or solicitation
of prostitution and to provide for appropriate utilization of the test results.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1263
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1263
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State