This bill amends several sections of South Dakota law regarding forensic medical examinations related to alleged rape or sexual offenses. It stipulates that the county where the offense occurred is responsible for covering the costs associated with these examinations, which include various medical services, necessary supplies, laboratory testing, medications, and radiology services. Additionally, it establishes that individuals convicted of such offenses must reimburse the county for these costs.
The bill also clarifies consent provisions for minors and protected persons regarding forensic medical examinations. Minors aged sixteen or older can consent to examinations without parental approval, although efforts must be made to notify parents unless they are the suspected perpetrator. For protected persons, examinations can be conducted without guardian consent if informed consent is given. The bill defines "informed consent" and outlines the responsibilities of medical professionals in determining a patient's capacity to consent. Furthermore, a new section is added to define what constitutes a forensic medical examination, including the examination of physical trauma, patient interviews, and evidence collection.
Statutes affected: Introduced, 01/29/2025: 22-22-26, 22-22-26.1, 22-22-26.3, 22-22-26.4
Senate Engrossed, 02/20/2025: 22-22-26, 22-22-26.1, 22-22-26.3, 22-22-26.4
Enrolled, 03/03/2025: 22-22-26, 22-22-26.1, 22-22-26.3, 22-22-26.4