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:
be amended to read as follows:
who is required to make a report or who receives
take or cause to 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
or other images
taken pursuant to this section shall be taken by
the Department of Social Services
, or a person authorized by a law enforcement
official or the department
. All photographs,
videotapes, other images,
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
1/21/98 First read in Senate and referred to Judiciary.
1/30/98 Scheduled for Committee hearing on this date.
1/30/98 Judiciary Do Pass, Passed, AYES 7, NAYS 0.
2/2/98 Motion to Amend, Passed.
2/2/98 Senate Do Pass Amended, Passed, AYES 32, NAYS 2.