South Dakota 2025 Regular Session

South Dakota Senate Bill SB123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.764.11 100th Legislative Session 123
	1	+	25.764.10 100th Legislative Session 123
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 123
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to revise provisions related to forensic medical examinations.
12		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
13		-	Section 1. That § 22-22-26 be AMENDED:
14		-	22-22-26. The county where an alleged rape or sexual offense occurred must pay
15		-	the cost of any forensic medical examination performed by a physician, hospital, or clinic
16		-	on the victim of the alleged rape or sexual offense.
17		-	The cost of a forensic medical examination includes:
18		-	(1) Physician, hospital, or clinic services directly related to the forensic medical
19		-	examination;
20		-	(2) Necessary forensic supplies;
21		-	(3) Scope procedures directly related to the forensic medical examination, including
22		-	anoscopy and colposcopy;
23		-	(4) Laboratory testing directly related to the forensic medical examination, including
24		-	drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia
25		-	culture, gonorrhea coverage culture, HIV screening, hepatitis B and C screening,
26		-	herpes culture, and any other sexually transmitted disease testing directly related
27		-	to the examination;
28		-	(5) Any medication provided during the forensic medical examination; and
29		-	(6) Any radiology service directly related to the forensic medical examination.
30		-	Section 2. That § 22-22-26.1 be AMENDED:
31		-	22-22-26.1. A person who is convicted of a rape or sexual offense is required, as
32		-	part of the sentence imposed by the court, to reimburse the county for the cost of any
33		-	forensic medical examination, pursuant to § 22-22-26, that was conducted as a result of
34		-	the rape or sexual offense for which the defendant is convicted. 25.764.11 2 123
35		-	SB123 ENROLLED
36		-	Section 3. That § 22-22-26.3 be AMENDED:
37		-	22-22-26.3. A minor age sixteen or older may consent to a forensic medical
38		-	examination, as defined under section 5 of this Act. The minor's consent is not subject to
39		-	disaffirmance because of minority, and consent of a parent or guardian is not required
40		-	under this section. The physician, hospital, or clinic shall take reasonable steps to notify
41		-	a minor's parent or guardian that an examination has taken place, unless the parent or
42		-	guardian is the suspected perpetrator.
43		-	Section 4. That § 22-22-26.4 be AMENDED:
44		-	22-22-26.4. A physician, hospital, or clinic may provide a forensic medical
45		-	examination, as defined under section 5 of this Act, without the consent of a guardian of
46		-	a protected person, as defined under § 29A-5-102, to any protected person who provides
47		-	informed consent. If a patient has a guardian, the physician, hospital, or clinic must make
48		-	a good faith effort to notify the guardian, before the forensic medical examination, that
49		-	the patient provided informed consent for the examination and the examination will take
50		-	place, unless the guardian is the suspected perpetrator.
51		-	If the attending physician, physician assistant, nurse practitioner, or sexual assault
52		-	nurse examiner makes a good faith determination that a patient is incapable of giving
53		-	informed consent under this section, neither the physician, physician assistant, nu rse
54		-	practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal
55		-	prosecution, civil liability, or professional discipline for failing to follow the patient's
56		-	direction or for making the determination.
57		-	If the attending physician, physician assistant, nurse practitioner, or sexual assault
58		-	nurse examiner makes a good faith determination that a patient is capable of giving
59		-	informed consent under this section, neither the physician, physician assistant, nurs e
60		-	practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal
61		-	prosecution, civil liability, or professional discipline for following a patient's direction or for
62		-	making the determination.
63		-	For purposes of this section, the term "informed consent" means consent
64		-	voluntarily, knowingly, and competently given without any element of force, fraud, deceit,
65		-	duress, threat, or other form of coercion after conscientious explanation of all information
66		-	that a reasonable person would consider significant to the decision in a manner reasonably
67		-	comprehensible to general lay understanding.
68		-	Section 5. That a NEW SECTION be added to chapter 22-22: 25.764.11 3 123
69		-	SB123 ENROLLED
70		-	For the purposes of §§ 22-22-26 to 22-22-26.4, inclusive, the term "forensic
71		-	medical examination" includes:
72		-	(1) Examination of physical trauma;
73		-	(2) Patient interview, determination of medical history, triage, and consultation; and
74		-	(3) Collection and evaluation of any evidence, including any photographic
75		-	documentation; preservation and maintenance of the chain of custody of evidence;
76		-	medical specimen collection; and any assessment of whether an alcohol-facilitated
77		-	sexual assault or a drug-facilitated sexual assault occurred and any toxicology
78		-	screening deemed necessary by the attending physician, physician assistant, nurse
79		-	practitioner, or sexual assault nurse examiner. 25.764.11 4 123
80		-	SB123 ENROLLED
81		-	An Act to revise provisions related to forensic medical examinations.
82		-
83		-
84		-
85		-
86		-	I certify that the attached Act originated in
87		-	the:
88		-
89		-	Senate as Bill No. 123
90		-
91		-
92		-
93		-	Secretary of the Senate
94		-
95		-
96		-
97		-
98		-	President of the Senate
99		-
100		-	Attest:
101		-
102		-
103		-
104		-
105		-	Secretary of the Senate
106		-
107		-
108		-
109		-
110		-	Speaker of the House
111		-
112		-	Attest:
	6	+	SENATE ENGROSSED
113	7
114	8
115	9
116	10
117	11
118		-	~~Chief Clerk~~
	12	+	Introduced by: Senator Reed
119	13
120		-
121		-
122		-	Senate Bill No. 123
123		-	File No. ____
124		-	Chapter No. ______
125		-
126		-
127		-
128		-	Received at this Executive Office
129		-	this _____ day of _____________,
130		-
131		-	2025 at ____________M.
132		-
133		-
134		-
135		-	By
136		-	for the Governor
137		-
138		-
139		-	The attached Act is hereby
140		-	approved this ________ day of
141		-	______________, A.D., 2025
142		-
143		-
144		-
145		-
146		-
147		-	Governor
148		-
149		-	STATE OF SOUTH DAKOTA ,
150		-	ss.
151		-	Office of the Secretary of State
152		-
153		-
154		-	Filed ____________, 2025
155		-	at _________ o'clock __M.
156		-
157		-
158		-
159		-
160		-
161		-	Secretary of State
162		-
163		-
164		-
165		-	By
166		-	Asst. Secretary of State
167		-
168		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to revise provisions related to forensic medical examinations. 1
	17	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
	18	+	Section 1. That § 22-22-26 be AMENDED: 3
	19	+	22-22-26. The county where an alleged rape or sexual offense occurred shall must 4
	20	+	pay the cost of any forensic medical examination performed by a physician, hospital, or 5
	21	+	clinic on the victim of the alleged rape or sexual offense. For purposes of the provisions 6
	22	+	of §§ 22-22-26 to 22-22-26.2, inclusive, the term, forensic medical examination, includes: 7
	23	+	(1) Examination of physical trauma; 8
	24	+	(2) Patient interview, including medical history, triage, and consultation; and 9
	25	+	(3) Collection and evaluation of evidence, including any photographic 10
	26	+	documentation; preservation and maintenance of the chain of custody of evidence; 11
	27	+	medical specimen collection; and any alcohol - or drug-facilitated sexual assault 12
	28	+	assessment and toxicology screening deemed necessary by the physician, hospital, or 13
	29	+	clinic. The cost of a forensic medical examination includes: 14
	30	+	(1) Physician, hospital, or clinic services directly related to the forensic medical 15
	31	+	examination; 16
	32	+	(2) Necessary forensic supplies; 17
	33	+	(3) Scope procedures directly related to the forensic medical examination, including 18
	34	+	anoscopy and colposcopy; 19
	35	+	(4) Laboratory testing directly related to the forensic medical examination, including 20
	36	+	drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia 21
	37	+	culture, gonorrhea coverage culture, HIV screening, hepatitis B and C screening, 22
	38	+	herpes culture, and any other sexually transmitted disease testing directly related 23
	39	+	to the examination; 24
	40	+	(5) Any medication provided during the forensic medical examination; and 25
	41	+	(6) Any radiology service directly related to the forensic medical examination. 26 25.764.10 2 123
	42	+	Underscores indicate new language.
	43	+	Overstrikes indicate deleted language.
	44	+	Section 2. That § 22-22-26.1 be AMENDED: 1
	45	+	22-22-26.1. A person who is convicted of a rape or sexual offense shall be is 2
	46	+	required, as part of the sentence imposed by the court, to reimburse the county for the 3
	47	+	cost of any forensic medical examination performed under, pursuant to § 22-22-26 4
	48	+	resulting from, that was conducted as a result of the rape or sexual offense for which the 5
	49	+	defendant is convicted. The cost of a forensic medical examination to be paid by the county 6
	50	+	under § 22-22-26 and reimbursed to the county under this section shall include: 7
	51	+	(1) Physician, hospital, or clinic services and fees directly related to the forensic 8
	52	+	medical examination, including integral forensic supplies; 9
	53	+	(2) Scope procedures directly related to the forensic medical examination, 10
	54	+	including anoscopy and colposcopy; 11
	55	+	(3) Laboratory testing directly related to the forensic medical examination, 12
	56	+	including drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia 13
	57	+	culture, gonorrhea coverage culture, blood test for HIV screening, hepatitis B and C, 14
	58	+	herpes culture, and any other sexually-transmitted disease testing directly related to the 15
	59	+	examination; 16
	60	+	(4) Any medication provided during the forensic medical examination; and 17
	61	+	(5) Any radiology service directly related to the forensic medical examination. 18
	62	+	Section 3. That § 22-22-26.3 be AMENDED: 19
	63	+	22-22-26.3. A minor age sixteen or older may consent to a forensic medical 20
	64	+	examination, as defined under § 22-22-26 section 5 of this Act. The minor's consent is 21
	65	+	not subject to disaffirmance because of minority, and consent of a parent or guardian is 22
	66	+	not required under this section. The physician, hospital, or clinic shall take reasonable 23
	67	+	steps to notify a minor's parent or guardian that an examination has taken place, unless 24
	68	+	the parent or guardian is the suspected perpetrator. 25
	69	+	Section 4. That § 22-22-26.4 be AMENDED: 26
	70	+	22-22-26.4. A physician, hospital, or clinic may provide a forensic medical 27
	71	+	examination, as defined under § 22-22-26 section 5 of this Act, without the consent of a 28
	72	+	guardian of a protected person, as defined under § 29A-5-102, to any protected person 29
	73	+	who provides informed consent. If a patient has a guardian, the physician, hospital, or 30
	74	+	clinic shall must make a good faith effort to notify the guardian, before the forensic medical 31 25.764.10 3 123
	75	+	Underscores indicate new language.
	76	+	Overstrikes indicate deleted language.
	77	+	examination, that the patient provided informed consent for the examination and the 1
	78	+	examination will take place, unless the guardian is the suspected perpetrator. 2
	79	+	A physician, hospital, or clinic who in If the attending physician, physician assistant, 3
	80	+	nurse practitioner, or sexual assault nurse examiner makes a good faith believes 4
	81	+	determination that a patient is incapable of giving informed consent under this section, 5
	82	+	neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the 6
	83	+	hospital or clinic, may not be subject to criminal prosecution, civil liability, or professional 7
	84	+	discipline for failing to follow the patient's direction or for making the determination. 8
	85	+	A physician, hospital, or clinic who in If the attending physician, physician assistant, 9
	86	+	nurse practitioner, or sexual assault nurse examiner makes a good faith believes 10
	87	+	determination that a patient is capable of giving informed consent under this section, 11
	88	+	neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the 12
	89	+	hospital or clinic, may not be subject to criminal prosecution, civil liability, or professional 13
	90	+	discipline for following a patient's direction or for making the determination. 14
	91	+	For purposes of this section, the term , "informed consent," means consent 15
	92	+	voluntarily, knowingly, and competently given without any element of force, fraud, deceit, 16
	93	+	duress, threat, or other form of coercion after conscientious explanation of all information 17
	94	+	that a reasonable person would consider significant to the decision in a manner reasonably 18
	95	+	comprehensible to general lay understanding. 19
	96	+	Section 5. That a NEW SECTION be added to chapter 22-22: 20
	97	+	For the purposes of §§ 22-22-26 to 22-22-26.4, inclusive, the term "forensic 21
	98	+	medical examination" includes: 22
	99	+	(1) Examination of physical trauma; 23
	100	+	(2) Patient interview, determination of medical history, triage, and consultation; and 24
	101	+	(3) Collection and evaluation of any evidence, including any photographic 25
	102	+	documentation; preservation and maintenance of the chain of custody of evidence; 26
	103	+	medical specimen collection; and any assessment of whether an alcohol-facilitated 27
	104	+	sexual assault or a drug-facilitated sexual assault occurred and any toxicology 28
	105	+	screening deemed necessary by the attending physician, physician assistant, nurse 29
	106	+	practitioner, or sexual assault nurse examiner. 30