Administering Entity
South Dakota State Forensic Laboratory
Recent / Pending Legislation
- SB 49 (2026, enacted) – an act to safeguard the integrity, privacy, and security of genetic data and provide a civil penalty therefore. Consent needed to share with third parties.
Arrestees: Yes, from adults only. Booking Station Rapid Ready.
Qualifying Crimes: Any “qualifying offense”: (1) a felony; (2) a crime of violence — murder, manslaughter, rape, aggravated assault, riot, robbery, first-degree burglary, arson, kidnapping, felony sexual contact, felony child abuse, or any other felony in which the perpetrator used force, was armed with a dangerous weapon, or used an explosive or destructive device, including attempts, solicitations, and conspiracies; or (3) a violation of chapter 22-22 (sex offenses).
Time of Collection: At booking, or as determined by the supervising agency (no additional sample is required where the person’s DNA is already in the state database).
Expungement: Available on request where the arrest that triggered collection (1) produced no felony charge within one year, (2) was resolved by dismissal, acquittal, or a misdemeanor conviction, or (3) produced no felony conviction — or (4) where the conviction or delinquency adjudication supporting inclusion was reversed and the case dismissed. Upon receipt of (1) written request for expungement; (2) certified copy of the final court order reversing and dismissing the conviction or delinquency adjudication; and (3) any other information necessary to ascertain the validity of the request, the South Dakota State Forensic Laboratory shall expunge all DNA ascertain the validity of the request, the South Dakota State Forensic Laboratory shall expunge all DNA records and identifiable information in the database pertaining to the person and destroy the DNA sample from the person, unless the South Dakota State Forensic Laboratory determines that the person has otherwise become obligated to submit a DNA sample.
Statutes / Case Law
SDCL § 23–5a–2, Establishment of State DNA Database and State DNA Databank—Purpose—Compatibility with FBI Procedures—Capabilities
§ 23–5a–5.2, Adult Arrested for Qualifying Offense Required to Provide DNA Sample
§ 23–5a–28, Request for Expungement—Grounds
§ 23-5A-29. Expungement of record–Receipt of court order—Exception
Convicted Offenders: Yes.
Qualifying Crimes: Adults convicted of, and juveniles adjudicated delinquent for, a “qualifying offense” — (1) any felony; (2) a crime of violence (murder; manslaughter; rape; aggravated assault; riot; robbery; first-degree burglary; arson; kidnapping; felony sexual contact; felony child abuse; or any other felony involving force, a dangerous weapon, or an explosive or destructive device, including attempts, solicitations, and conspiracies); or (3) a chapter 22-22 sex offense. Registered sex offenders must also provide a sample (SDCL § 23-5A-5.1). [The original entries under this heading were transposed; corrected against SDCL ch. 23-5A.]
Time of Collection: The chapter directs convicted persons and registrants to provide samples “as required in this chapter” (SDCL §§ 23-5A-5, 23-5A-5.1) without fixing a separate collection moment for convicted persons; in practice the arrestee provision governs most collections, at booking or as determined by the supervising agency, and no additional sample is required where one is already in the state database (SDCL § 23-5A-5.2).
Expungement: Available on written request — accompanied by a certified copy of the relevant final court order — where the conviction or delinquency adjudication supporting inclusion was reversed and the case dismissed.
Statutes / Case Law
SDCL § 23-5A-1. Definition of Terms
SDCL § 23-5A-4. Persons required to provide DNA sample – retroactivity of requirement
SDCL § 23–5A–5. Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample
SDCL § 23-5A-5.1. Registered sex offenders required to provide DNA sample
SDCL § 23-5A-28. Request for expungement – grounds
SDCL § 23-5A-29. Expungement of record – receipt of court order – exception
Legislative History
SB 184 (2003) — SL 2003, ch 133 Created SDCL Chapter 23-5A in its entirety — the original DNA database and collection mandate.
SB 148 (2006) — SL 2006, ch 123 Added §23-5A-5.1 (expanded collection categories).
SB 133 (2008) — SL 2008, ch 114 Added §23-5A-5.2; amended §§23-5A-4 and 23-5A-28. Signed March 12, 2008. session predates the current online system.
SB 132 (2010) — SL 2010, ch 124 Amended §§23-5A-17 and 23-5A-25. Signed March 10, 2010.
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No program or law identified.
No program or law identified.
No program or law identified.