FOR AN ACT ENTITLED, An Act to allow any person with the authorization of law enforcement or the Department of Social Services to take photographs, videotapes, or electronic images of a child if abuse or neglect is suspected.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 26-8A-16 be amended to read as follows:
     26-8A-16.   Any person receiving who is required to make a report or who receives a report under §  26-8A-3 may require that take or cause to be taken color photographs be taken , videotapes, or other images of the areas of trauma visible on a child who is the subject of the report and may require a radiological or other medical examination or testing of the child without the consent of the child's parents, guardian , or custodian. All photographs , videotapes, or other images taken pursuant to this section shall be taken by a law enforcement officials or by official, the Department of Social Services , or a person authorized by a law enforcement official or the department . All photographs, videotapes, other images, X rays , and test results, or copies of them, shall be sent to the appropriate law enforcement agency or state's attorney or to the Department of Social Services. Photographs, videotapes, and other images need not be made a part of the child's medical or hospital records. Any photograph, videotape, or other

image shall be destroyed by the Department of Social Services if no criminal prosecution is initiated within four years of the date that such material was received by the Department of Social Services.

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BILL HISTORY
1/21/98 First read in Senate and referred to Judiciary.   S.J.   140
1/30/98 Scheduled for Committee hearing on this date.
1/30/98 Judiciary Do Pass, Passed, AYES 7, NAYS 0.   S.J.   256
2/2/98 Motion to Amend, Passed.   S.J.   286
2/2/98 Senate Do Pass Amended, Passed, AYES 32, NAYS 2.   S.J.   286