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CHAPTER 23-3

LAW ENFORCEMENT AGENCIES

23-3-1      Police in municipalities--Law governing--Size of force.
23-3-2      Repealed.
23-3-3      Attorney general--Jurisdiction concurrent with state's attorneys.
23-3-4      Papers filed and appearances by attorney general.
23-3-5      Duties of state's attorney in criminal matters unaffected by authority of attorney general.
23-3-6      Division of Criminal Investigation--Control by attorney general.
23-3-7      Personnel of division--Employment by attorney general--Compensation.
23-3-8      Equipment purchase by attorney general.
23-3-9      Expenditures of division limited to appropriation.
23-3-10      Police powers of division personnel.
23-3-11      Personnel of division--Direction of operations by Governor.
23-3-12      Duty of division to prevent and detect violations.
23-3-13      Apprehension of criminals and fugitives by division.
23-3-14      Cooperation of division with local peace officers.
23-3-15      Cooperation of division with agencies of other state, tribal governments, and FBI.
23-3-15.1      Cooperation with Sisseton-Wahpeton Sioux Tribe--Certain positions to have criminal history checks.
23-3-15.2      Fingerprint check of applicants for certain tribal positions--Fee.
23-3-15.3      Exchange of information.
23-3-16      System of criminal identification and investigation--Maintenance by division.
23-3-17      Assistance by division in establishing local bureaus of identification.
23-3-18      Division as official agency to train law enforcement officers--Intra-departmental training encouraged.
23-3-18.1      Division to coordinate missing persons and runaway assistance.
23-3-19      Performance by division of other required duties.
23-3-19.1      State Forensic Laboratory created--Assignment to criminal investigation division--Employees.
23-3-19.2      Scientific examinations conducted by laboratory.
23-3-19.3      Copy of statement of laboratory's or certified chemist's findings as prima facie evidence of facts therein--Force and effect--Personal testimony at accused's request.
23-3-20 to 23-3-25.      Repealed.
23-3-26      Training of law enforcement officers--Findings and policy .
23-3-27      Law enforcement officer defined.
23-3-27.1      Tribal law enforcement defined.
23-3-28      Law Enforcement Officers Standards Commission--Appointment and terms of members.
23-3-28.1      Commission supported by attorney general's office.
23-3-29      Death, resignation, or incapacity of commission member--Appointment of successor.
23-3-30      Ex officio members of commission.
23-3-31      Commission membership compatible with other office.
23-3-32      Meetings of commission.
23-3-33      Reports of commission.
23-3-34      Repealed.


23-3-35      Powers of commission.
23-3-35.1      Definitions.
23-3-35.2      License required to question person using CVSA--Violation a misdemeanor.
23-3-35.3      Requirements for license as CVSA examiner.
23-3-35.4      Law enforcement canine team certification--Specialties.
23-3-35.5      Canine certification standards and criteria--Rules--Fees.
23-3-36      Commission supported by appropriations.
23-3-37      Acceptance of donations and grants--Report and deposit.
23-3-38      Administration of grants--Efficiency in operation.
23-3-39      Establishment and maintenance of training programs.
23-3-39.1      Airport security training to be provided--Maximum duration.
23-3-39.2      Criteria for accepting person not employed as an officer in training program.
23-3-39.3      Fee for person not employed as officer for training program.
23-3-39.4      Domestic abuse training for law enforcement officers.
23-3-39.5      Initial training to include domestic abuse.
23-3-39.6      Domestic abuse and mental health training for state's attorney or deputy state's attorney.
23-3-39.7      Domestic abuse training to utilize law enforcement officer training fund.
23-3-39.8      Policies on response to domestic abuse situations.
23-3-40      Reimbursement of expenses of officers in training.
23-3-41      Probationary appointment of officers until training completed--Maximum probationary employment.
23-3-42      Qualifications prescribed for law enforcement officers.
23-3-42.1      Training in domestic abuse issues required.
23-3-42.2      Unified Judicial System to provide access to juvenile adjudications and dispositions.
23-3-43      Elected county sheriffs not exempt from prescribed qualifications--Education and training required.
23-3-43.1      Certification of qualification of candidate for county sheriff.
23-3-44      Certification of qualified officer trained in another state.
23-3-45      Exemption of officers already serving.
23-3-46      Division of Criminal Investigation to administer programs--Personnel.
23-3-47      Severability.
23-3-48      Legislative finding of necessity for law enforcement training center and other law enforcement facilities.
23-3-49      Attorney general to accept gifts for training center and facilities.
23-3-50      Division of Criminal Investigation to provide training and operate center--Supervision by attorney general.
23-3-51      Law enforcement officers training fund created.
23-3-52      Liquidated costs assessed for law enforcement and judicial expenses for personnel, training, and facilities--Amount.
23-3-53      Collection by clerk of courts--Transmittal to state treasurer--Disposition.
23-3-54      Repealed.
23-3-55      Annual appropriation from fund--Allocation.
23-3-56 to 23-3-63.      Repealed.
23-3-64      Superseded.
23-3-65 to 23-3-69. Repealed.
23-3-70      Immunity from civil liability for certain good faith conduct .
23-3-71      County coroner training program.
23-3-72      Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general.
23-3-73      Referral to Government Operations and Audit Committee, secretary of state, or Judicial Qualifications Commission.


     23-3-1.   Police in municipalities--Law governing--Size of force. The organization and regulation of police in municipalities of this state are governed by the provisions of the Title 9, "Municipal Government" in this code.
     The mayor or other officer having the direction of the police in a municipality must order a force sufficient to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace may be reasonably apprehended.

Source: SDC 1939 & Supp 1960, § 34.0103; SL 1992, ch 60, § 2.


     23-3-2.   Repealed by SL 2011, ch 2, § 104.


     23-3-3.   Attorney general--Jurisdiction concurrent with state's attorneys. In any and all criminal proceedings in any and all courts of this state and in any county or part of the state, the attorney general shall have concurrent jurisdiction with the state's attorney or state's attorneys of the several counties of the state.

Source: SDC 1939 & Supp 1960, § 34. 403.


     23-3-4.   Papers filed and appearances by attorney general. The attorney general shall have authority to sign, file, and present any and all complaints, informations, presentments, indictments, subpoenas, affidavits, motions, process, and papers of any kind which the state's attorney might do in any criminal proceeding, and to appear before all magistrates, grand juries, courts, commissions, or tribunals in any criminal proceeding in the state, the same as the state's attorney might do, or in conjunction with said state's attorney.

Source: SDC 1939 & Supp 1960, § 34.0403.


     23-3-5.   Duties of state's attorney in criminal matters unaffected by authority of attorney general. Nothing contained in § 23-3-3 or 23-3-4, however, shall relieve the state's attorneys from any duty now enjoined upon them by law nor relieve them from the duty of assisting state officials in conduct of criminal proceedings in their respective counties.

Source: SDC 1939 & Supp 1960, § 34.0403.


     23-3-6.   Division of Criminal Investigation--Control by attorney general. The Division of Criminal Investigation heretofore established by law shall continue under the superintendency and control of the attorney general as a division of his department. The records and equipment for such division heretofore transferred to or acquired by the attorney general shall be under the custody and control of the attorney general.

Source: SDC 1939, § 55.1601.


     23-3-7.   Personnel of division--Employment by attorney general--Compensation. The attorney general may employ personnel as the attorney general requires to perform the duties of the Division of Criminal Investigation. The personnel, other than the chief agent, shall be selected from the persons classified as eligible pursuant to § 3-6D-10 and shall be compensated pursuant to § 3-6D-11.

Source: SDC 1939, § 55.1601; SL 1966, ch 161, § 1; SL 2018, ch 12, § 8.


     23-3-8.   Equipment purchase by attorney general. The attorney general may purchase such equipment, through the Bureau of Administration, as may be necessary for the purposes of this chapter and chapters 1-13 and 23-5.

Source: SDC 1939, § 55.1601; SL 1966, ch 161, § 1; SL 2004, ch 157, § 1.


     23-3-9.   Expenditures of division limited to appropriation. Nothing contained in this chapter, however, shall authorize the attorney general to expend more than the appropriation provided by law for the maintenance and operation of the Division of Criminal Investigation.

Source: SDC 1939, § 55.1601 as added by SL 1966, ch 161, § 1.


     23-3-10.   Police powers of division personnel. The assistants appointed by the attorney general shall have, in any part of the state, the same powers with respect to the enforcement of law as sheriffs, constables, police, and peace officers and may execute any warrant of arrest issued by any magistrate or court of competent jurisdiction within the state. It shall be the duty of said assistants of the attorney general to act in all parts of the state in the detection, apprehension, arrest, and prosecution of anyone violating any of the criminal laws of the state when so directed by the attorney general, except as provided by § 23-3-11.

Source: SDC 1939, § 55.1602.


     23-3-11.   Personnel of division--Direction of operations by Governor. When in the judgment of the Governor the public good may require, the Governor may order and direct the agents and assistants appointed by the attorney general or any one or more of them, to any part of the state in the performance of their duties and which said order and direction of the Governor shall take precedence over and be superior to any other order and direction regarding said agents and assistants; and from the time of the making of said order and direction and until otherwise ordered by the Governor, said agents and assistants shall be subject to the exclusive control and direction of the Governor.

Source: SDC 1939, § 55.1602.


     23-3-12.   Duty of division to prevent and detect violations. It shall be the duty of the Division of Criminal Investigation to prevent and detect violations of the laws of the state.

Source: SDC 1939, § 55.1603 (1).


     23-3-13.   Apprehension of criminals and fugitives by division. It shall be the duty of the Division of Criminal Investigation to apprehend criminals and fugitives.

Source: SDC 1939, § 55.1603 (2).


     23-3-14.   Cooperation of division with local peace officers. It shall be the duty of the Division of Criminal Investigation to cooperate with the various sheriffs, constables, policemen, and other peace officers of this state in performance of their duties relating to crime and criminal proceedings.

Source: SDC 1939, § 55.1603 (3).


     23-3-15.   Cooperation of division with agencies of other state, tribal governments, and FBI. It shall be the duty of the Division of Criminal Investigation to cooperate with similar divisions, bureaus, or departments of other states, tribal governments, or of the Bureau of Investigation of the Department of Justice in Washington, D.C.

Source: SDC 1939, § 55.1603 (4); SL 2018, ch 139, § 1.


     23-3-15.1.   Cooperation with Sisseton-Wahpeton Sioux Tribe--Certain positions to have criminal history checks. The Division of Criminal Investigation may, upon the request of the Sisseton-Wahpeton Sioux Tribe, obtain national criminal history record information on any applicant for or holder of a position:
             (1)      As a member of the tribal council or a district council;
             (2)      As judge of the tribal court;
             (3)      On tribal commissions and boards;
             (4)      A tribal conservation officer;
             (5)      As an executive officer of a tribal commercial enterprise;
             (6)      As a faculty member or administrator of any tribal educational institution or program;
             (7)      With tribal child protection and youth program responsibilities, to the extent that such criminal history record information is not available through the Bureau of Indian Affairs by means of the Indian Child Protection and Family Violence Act;
             (8)      To work with tribal juvenile delinquents and offenders;
             (9)      As a tribal gaming licensee for whom criminal history background screening is not available through the National Indian Gaming Commission; and
             (10)      As a tribal foster parent or prospective adoptive parent.

Source: SL 1998, ch 144, § 1.


     23-3-15.2.   Fingerprint check of applicants for certain tribal positions--Fee. In order to determine the suitability of any applicant for or holder of a position listed in § 23-3-15.1, the Sisseton-Wahpeton Sioux Tribe shall require a background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation, of each applicant or position holder. The tribe shall submit completed fingerprint cards to the Division of Criminal Investigation. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. The tribe, or, if required by the tribe, the applicant or position holder shall pay all processing fees required either by the Division of Criminal Investigation or the Federal Bureau of Investigation.

Source: SL 1998, ch 144, § 2.


     23-3-15.3.   Exchange of information. The information obtained from the state or national criminal history record check conducted pursuant to §§ 23-3-15.1 to 23-3-15.3, inclusive, may be exchanged with and used by the tribe to determine the applicant's eligibility to hold a position specified in § 23-3-15.1.

Source: SL 1998, ch 144, § 3.


     23-3-16.   System of criminal identification and investigation--Maintenance by division. It shall be the duty of the Division of Criminal Investigation to establish, develop, and carry on a system of criminal identification and investigation.

Source: SDC 1939, § 55.1603 (5).


     23-3-17.   Assistance by division in establishing local bureaus of identification. It shall be the duty of the Division of Criminal Investigation to offer assistance and instructions when practicable to sheriffs, chiefs of police, and other peace officers in establishing efficient local bureaus of identification in their respective subdivisions.

Source: SDC 1939, § 55.1603 (6); SL 1966, ch 161, § 2.


     23-3-18.   Division as official agency to train law enforcement officers--Intra-departmental training encouraged. In order to supplement the provisions of § 23-3-17 the Division of Criminal Investigation is hereby designated as the official agency to coordinate and administer the training of all law enforcement officers within this state. By such designation it is not the intention to interfere with or to abolish any intra-department training program sponsored by state, tribal governments, county, or local law enforcement agencies, but rather it is the intention to encourage intra-departmental training.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SL 2018, ch 139, § 2.


     23-3-18.1.   Division to coordinate missing persons and runaway assistance. The director of the Division of Criminal Investigation shall prepare guidelines and uniform procedures for the reporting of and investigation of missing persons and runaways. Such guidelines shall be distributed by the director to law enforcement agencies within the state. The director of the Division of Criminal Investigation may further establish training programs in the area of missing persons and runaway assistance for the education of law enforcement personnel within the state.

Source: SL 1986, ch 188.


     23-3-19.   Performance by division of other required duties. It shall be the duty of the Division of Criminal Investigation to perform such other duties as may be prescribed by law or the orders of the Governor or attorney general in carrying out an effective plan for the investigation, detection, prevention of crime, and apprehension of criminals, fugitives, or persons charged with violation of law.

Source: SDC 1939, § 55.1603 (7).


     23-3-19.1.   State Forensic Laboratory created--Assignment to criminal investigation division--Employees. There is created in the Office of the Attorney General a State Forensic Laboratory. The attorney general may assign the State Forensic Laboratory to the Division of Criminal Investigation. The employees of the laboratory serve at the will of the attorney general, except those employees who are agents of the Division of Criminal Investigation.

Source: SL 1979, ch 158, §§ 1, 2, 4; SL 1985, ch 188, § 1.


     23-3-19.2.   Scientific examinations conducted by laboratory. The State Forensic Laboratory shall conduct scientific examinations to assist law enforcement officers in criminal investigations.

Source: SL 1979, ch 158, § 3; SL 1985, ch 188, § 2.


     23-3-19.3.   Copy of statement of laboratory's or certified chemist's findings as prima facie evidence of facts therein--Force and effect--Personal testimony at accused's request. A copy of a statement of the methods and findings of any examination or analysis conducted by employees of the State Forensic Laboratory or by a certified chemist employed by a law enforcement agency within the state, authenticated under oath by the employee, is prima facie evidence in all grand jury, court, parole, probation, and contested case proceedings in the State of South Dakota of the facts contained therein reciting the methods and findings.
     The statement has the same force and effect as if the person who performed the analysis or examination had testified in person. An accused person or the accused's attorney may request that the person in the State Forensic Laboratory or the certified chemist employed by a law enforcement agency within the state, who conducted the examination testify in person at a criminal trial, parole revocation, or probation revocation, concerning the examination or analysis.

Source: SL 1979, ch 158, § 5; SL 1985, ch 188, § 3; SL 1996, ch 152; SL 2006, ch 132, § 1.


     23-3-20 to 23-3-25.   Repealed by SL 1970, ch 145, § 10


     23-3-26.   Training of law enforcement officers--Findings and policy. The Legislature finds that the administration of criminal justice is of state-wide concern, and that law enforcement work is important to the health, safety, and welfare of the people of this state and is of such a nature as to require education and training of a professional character. It is in the public interest that such education and training be made available to persons who seek to become law enforcement officers, persons who are serving as such officers in a temporary or probationary capacity, and persons already in regular service.

Source: SL 1970, ch 145, § 1.


     23-3-27.   Law enforcement officer defined. Law enforcement officer means any employee or officer of the state or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the criminal or highway traffic laws of this state.

Source: SL 1970, ch 145, § 2.


     23-3-27.1.   Tribal law enforcement defined. The term, tribal law enforcement, means law enforcement agencies administered by one of the federally recognized Indian tribes or Bureau of Indian Affairs with land geographically located within the borders of this state.

Source: SL 2018, ch 139, § 6.


     23-3-28.   Law Enforcement Officers Standards Commission--Appointment and terms of members. There is hereby created a Law Enforcement Officers Standards Commission in the Office of the Attorney General. This commission shall consist of eleven members, eight of whom shall be appointed by the attorney general as follows: one person from the Division of Highway Patrol; one person who is a duly elected, qualified, and acting sheriff of this state; one person who is a duly appointed, qualified, and acting member of a municipal police department of this state; one member who is a certified tribal law enforcement officer; one person who is a member of the State Bar of South Dakota; one member recommended by the executive director of the Board of Regents; one member recommended by the South Dakota Municipal League; and one member recommended by the South Dakota County Commissioners Association.
     The attorney general on the first appointments shall appoint three members for terms of one year and four members for a term of two years; thereafter all appointments shall be for two years. An appointee is eligible to be reappointed.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL § 23-3-21; SL 1970, ch 145, § 3 (a); SL 2011, ch 121, § 1; SL 2018, ch 139, § 3.


     23-3-28.1.   Commission supported by attorney general's office. The law enforcement officers standards commission shall be attached to the Office of the Attorney General and be provided with staff assistance and support from that office.

Source: SL 1973, ch 156, § 2.


     23-3-29.   Death, resignation, or incapacity of commission member--Appointment of successor. In the event of death, resignation, or other disability, which shall result in any appointee under § 23-3-28 being removed from that capacity in which he was appointed to such commission, his membership on such commission shall immediately terminate and the attorney general shall appoint a qualified successor to complete such term of office.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL, § 23-3-21; SL 1970, ch 145, § 3 (a).


     23-3-30.   Ex officio members of commission. In addition to the appointive members described in § 23-3-28, the following persons shall be members of such commission, to wit: the chief agent of the Division of Criminal Investigation, who shall serve as chairman of such commission: the special agent in charge, Federal Bureau of Investigation, who is in charge of the district in which South Dakota is located; and the attorney general.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL, § 23-3-21; SL 1970, ch 145, § 3 (a).


     23-3-31.   Commission membership compatible with other office. Notwithstanding any provision of any statute, ordinance, local law, or charter provision to the contrary, membership on the commission shall not disqualify any member from holding any other public office or employment, or cause the forfeiture thereof.

Source: SL 1970, ch 145, § 3 (b).


     23-3-32.   Meetings of commission. The commission shall hold no less than four regular meetings a year. Subject to the requirements of this section, the chairman shall fix the times and places of meetings, either on his own motion or upon written request of any five members of the commission.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL, § 23-3-23; SL 1970, ch 145, § 3 (d).


     23-3-33.   Reports of commission. The commission shall report annually to the attorney general, the Governor, and the Legislature on its activities, and may make such other reports as it deems desirable.

Source: SL 1970, ch 145, § 3 (e).


     23-3-34.   Repealed by SL 1971, ch 23, § 2


     23-3-35.   Powers of commission. In addition to powers conferred upon the Law Enforcement Officers Standards Commission elsewhere in this chapter, the commission may:
             (1)      Promulgate rules for the administration of §§ 23-3-26 to 23-3-47, inclusive, including the authority to require the submission of reports and information by law enforcement agencies within this state;
             (2)      Establish minimum educational and training standards for admission to employment as a law enforcement officer:
             (a)      In permanent positions; and
             (b)      In temporary or probationary status;
             (3)      Certify persons as being qualified under the provisions of §§ 23-3-26 to 23-3-47, inclusive, to be law enforcement officers, and by rule to establish criteria and procedure for the revocation or suspension of the certification of officers who have been convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause, or have engaged in conduct unbecoming of a law enforcement officer;
             (4)      Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or any political subdivisions of the state for the specific purpose of training recruits, other law enforcement officers, or tribal law enforcement;
             (5)      Consult and cooperate with counties, municipalities, agencies of this state, tribal governments, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of law enforcement training schools and programs or courses of instruction;
             (6)      Approve institutions and facilities for school operation by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;
             (7)      Make or encourage studies of any aspect of police administration;
             (8)      Conduct and stimulate research by public and private agencies which is designed to improve police administration and law enforcement;
             (9)      Make recommendations concerning any matter within its purview pursuant to §§ 23-3-26 to 23-3-47, inclusive;
             (10)      Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§ 23-3-26 to 23-3-47, inclusive;
             (11)      Adopt and amend bylaws, consistent with law, for its internal management and control;
             (12)      Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§ 23-3-26 to 23-3-47, inclusive;
             (13)      License and regulate the activities of private or law enforcement polygraph and computer voice stress analyzer examiners;
             (14)      Certify canine teams; and
             (15)      Establish minimum educational and training standards for newly selected county coroners and advanced training standards for incumbent county coroners;
             (16)      Establish minimum educational and training standards for school sentinels authorized in § 13-64-1.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL § 23-3-25; SL 1970, ch 145, § 4; SL 1976, ch 160; SL 1984, ch 174, § 1; SL 1998, ch 141, § 1; SL 2003, ch 132, § 4; SL 2004, ch 158, § 1; SL 2010, ch 123, § 1; SL 2013, ch 93, § 7; SL 2018, ch 139, § 4.


     23-3-35.1.   Definitions. Terms used in §§ 23-3-35 to 23-3-35.3, inclusive, mean:
             (1)      "Computer voice stress analyzer" or "CVSA," an instrument that detects, measures, and displays changes in voice frequency, which can be recorded permanently and simultaneously;
             (2)      "CVSA examiner," a person who uses a computer voice stress analyzer to question individuals for the purpose of detecting deception.

Source: SL 2003, ch 132, § 1.


     23-3-35.2.   License required to question person using CVSA--Violation a misdemeanor. No person may question any individual using a computer voice stress analyzer for the purpose of detecting deception unless the person is a licensed CVSA examiner. A violation of this section is a Class 2 misdemeanor.

Source: SL 2003, ch 132, § 2.


     23-3-35.3.   Requirements for license as CVSA examiner. A person may receive a license as a CVSA examiner if the person:
             (1)      Establishes that he or she is a person of good moral character;
             (2)      Has satisfactorily completed a sixty-hour course of study in the use of a computer voice stress analyzer in the detection of deception; and
             (3)      Submits an application to the Office of the Attorney General along with a nonrefundable twenty-five dollar license fee.

Source: SL 2003, ch 132, § 3.


     23-3-35.4.   Law enforcement canine team certification--Specialties. Each law enforcement canine team in the state shall be initially certified and annually recertified in one or more of the following specialties:
             (1)      The detection of the odors of drugs and controlled substances;
             (2)      The detection of the odors of explosive materials, explosive devices, and materials which can be used to construct an explosive device;
             (3)      The detection of odors of any other substance or material which can be used with criminal intent;
             (4)      Apprehension or search skills including tracking, building suspect search, article recovery, evidence search, and suspect apprehension.

Source: SL 2004, ch 158, § 2.


     23-3-35.5.   Canine certification standards and criteria--Rules--Fees. The commission shall, by rules promulgated pursuant to chapter 1-26, establish standards and criteria for canine certification and recertification. The commission may also, by rules promulgated pursuant to chapter 1-26, establish a certification fee and recertification fee to cover the reasonable costs of developing, implementing, and administering the canine certification program. However, the certification fee may not exceed three hundred dollars and the recertification fee may not exceed one hundred dollars.

Source: SL 2004, ch 158, § 3.


     23-3-36.   Commission supported by appropriations. Except as otherwise specifically provided in §§ 23-3-37 and 23-3-38, the commission shall be supported only by appropriations made by the Legislature.

Source: SL 1970, ch 145, § 7 (a).


     23-3-37.   Acceptance of donations and grants--Report and deposit. The commission may accept for any of its purposes and functions under §§ 23-3-26 to 23-3-47, inclusive, any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. Any arrangements pursuant to this section shall be detailed in the annual report of the commission. Such report shall include the identity of the donor, the nature of the transaction, and the conditions, if any. Any moneys received by the commission pursuant to this section shall be deposited in the state treasury to the account of the commission.

Source: SDC 1939, § 55.1603 (8) as added by SL 1966, ch 161, § 3; SDCL, § 23-3-20; SL 1970, ch 145, § 7 (b).


     23-3-38.   Administration of grants--Efficiency in operation. The commission, by rules and regulations, shall provide for the administration of the grant program authorized by § 23-3-37. In promulgating such rules, the commission shall promote the most efficient and economical program for law enforcement training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication.

Source: SL 1970, ch 145, § 7 (c).


     23-3-39.   Establishment and maintenance of training programs. The commission shall establish and maintain law enforcement training programs through the tribal governments of the federally recognized Indian tribes and the agencies and institutions the commission may deem appropriate.

Source: SL 1970, ch 145, § 6 (a); SL 2018, ch 139, § 5.


     23-3-39.1.   Airport security training to be provided--Maximum duration. Notwithstanding §§ 23-3-41 and 23-3-42, the Law Enforcement Officers Standards Commission shall establish a training and certification program for any employee or officer of the state or its political subdivisions responsible for providing law enforcement support within the confines of airport property. Such training program shall not exceed five days in duration.

Source: SL 1978, ch 167.


     23-3-39.2.   Criteria for accepting person not employed as an officer in training program. The Law Enforcement Officers Standards Commission may establish criteria for acceptance into any of its training programs of any resident of the State of South Dakota who is not employed as a law enforcement officer when he applies for admission to the program.

Source: SL 1983, ch 181, § 1.


     23-3-39.3.   Fee for person not employed as officer for training program. The Law Enforcement Officers Standards Commission may establish by rule a fee to be paid by those residents admitted to a training program under § 23-3-39.2. The fee shall be reasonably related to the cost the State of South Dakota incurs in providing the training to the trainee.

Source: SL 1983, ch 181, § 2.


     23-3-39.4.   Domestic abuse training for law enforcement officers. A law enforcement officer shall attend training on the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic abuse situations; availability of community resources; and protection of the victim. After initial training, an officer shall attend further training at least once every four years.

Source: SL 1994, ch 171, § 1.


     23-3-39.5.   Initial training to include domestic abuse. The initial training of law enforcement officers shall include domestic abuse training as described in § 23-3-39.4.

Source: SL 1994, ch 171, § 1A.


     23-3-39.6.   Domestic abuse and mental health training for state's attorney or deputy state's attorney. Each state's attorney or deputy state's attorney shall receive training on evidence-based practices, as defined in subdivision 16-22-1(7); mental health and available mental health services; and the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic abuse situations; availability of community resources; and protection of the victim. After initial training, each state's attorney or deputy state's attorney shall attend further training at least once every four years.

Source: SL 1994, ch 171, § 2; SL 2017, ch 92, § 7; SL 2017, ch 109, § 8.


     23-3-39.7.   Domestic abuse training to utilize law enforcement officer training fund. The attorney general's office shall provide the training as required in § 23-3-39.5 utilizing the law enforcement officer training fund.

Source: SL 1994, ch 171, § 2A.


     23-3-39.8.   Policies on response to domestic abuse situations. Each law enforcement agency shall adopt and implement written policies on its response to domestic abuse situations. The policies shall include standards of a felony, misdemeanor, and citizen's arrest; verification and enforcement of restraining and stay away orders; cite and release policies; emergency assistance to victims including medical care, transportation to shelter, and police standbys for removing personal property; assistance to victims in pursuing criminal prosecution; notification to victims of their rights; and incident report writing.

Source: SL 1994, ch 171, § 3.


     23-3-40.   Reimbursement of expenses of officers in training. The commission is authorized to reimburse each political subdivision a percentage of the salary and of the living and traveling expenses incurred by the officers in attendance at approved training programs, providing that such political subdivisions or state agencies do in fact adhere to the selection and training standards established by the commission, and providing funds for this purpose are available.

Source: SL 1970, ch 145, § 6 (b).


     23-3-41.   Probationary appointment of officers until training completed--Maximum probationary employment. At the earliest practicable time, the commission shall provide, by regulation, that no person shall be appointed as a law enforcement officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of law enforcement training at a school approved by the commission. No law enforcement officer who lacks the education and training qualifications required by the commission may have his temporary or probationary employment extended beyond one year by renewal of appointment or otherwise. However, in municipalities of the third class, the probationary period may be extended for one additional year.

Source: SL 1970, ch 145, § 5 (b); SL 1981, ch 184.


     23-3-42.   Qualifications prescribed for law enforcement officers. In addition to the requirements of § 23-3-41, the commission, by rules promulgated pursuant to chapter 1-26, shall fix other qualifications for the employment and training of appointed law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience, and such other matters as relate to the competence and reliability of persons to assume and discharge the various responsibilities of law enforcement officers. The commission shall also prescribe the means for presenting evidence of fulfillment of these requirements. Notwithstanding §§ 23A-27-14 and 23A-27-17, any person seeking certification as a law enforcement officer who has received an order pursuant to § 23A-27-13 may have his or her application refused. Notwithstanding §§ 26-7A-105 and 26-7A-106, any person seeking certification as a law enforcement officer who has received an adjudication or disposition pursuant to chapter 26-7A or 26-8C may have his or her application refused if the adjudication or disposition was for a crime which, if committed by an adult, would constitute a crime under chapter 22-42 that is punishable as a felony, a sex crime as defined in § 22-24B-1, or a crime of violence as defined in subdivision 22-1-2(9).

Source: SL 1970, ch 145, § 5 (c); SL 1992, ch 169, § 3; SL 2004, ch 159, § 1.


     23-3-42.1.   Training in domestic abuse issues required. The minimum training required of each law enforcement officer for certification shall include a minimum total of four hours on the following issues pertaining to domestic abuse:
             (1)      Enforcement of criminal laws in domestic abuse situations;
             (2)      Availability of community resources; and
             (3)      Protection of the victim.

Source: SL 1989, ch 203.


     23-3-42.2.   Unified Judicial System to provide access to juvenile adjudications and dispositions. The Unified Judicial System shall provide such access about any adjudication or disposition pursuant to chapter 26-7A or 26-8C to the Law Enforcement Officers Standards Commission as may be necessary to effectuate the purposes of § 23-3-42.

Source: SL 2004, ch 159, § 2.


     23-3-43.   Elected county sheriffs not exempt from prescribed qualifications--Education and training required. No person may be elected or appointed as a county sheriff who does not meet the same qualifications provided by § 23-3-42 for the employment of appointed law enforcement officers. All elected or appointed sheriffs shall successfully complete the same education and training program required by the commission for appointed law enforcement officers. The education and training program shall be completed within twelve months after the officer has been appointed or elected and qualified.

Source: SL 1970, ch 145, § 5 (d); SL 1977, ch 195; SL 1992, ch 169, § 1.


     23-3-43.1.   Certification of qualification of candidate for county sheriff. Any candidate for election to the office of county sheriff shall file with the county auditor by the last Tuesday of March of the election year a certification of qualification issued by the law enforcement officers standards commission that the candidate meets the qualifications provided in § 23-3-43. However, any candidate appointed to fill a vacancy by a party central committee pursuant to § 12-6-56 shall file with the county auditor a certification of qualification by the second Tuesday in August. Any candidate who files an independent nominating petition shall file with the county auditor a certification of qualification by the first Tuesday after the first Monday of June. A sheriff appointed to fill a vacancy by the county commission shall file with the county auditor a certification of qualification within thirty days of the appointment. Failure to file a certification shall prevent the candidate's name from being placed on the ballot.

Source: SL 1992, ch 169, § 2; SL 2002, ch 74, § 6; SL 2005, ch 87, § 6; SL 2009, ch 69, § 1; SL 2015, ch 77, § 11 rejected Nov. 8, 2016.


     23-3-44.   Certification of qualified officer trained in another state. The commission shall issue a certificate evidencing satisfaction of the requirements of §§ 23-3-41 and 23-3-42 to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the commission for approved law enforcement education and training programs in this state.

Source: SL 1970, ch 145, § 5 (e).


     23-3-45.   Exemption of officers already serving. Law enforcement officers, elected or appointed, who are already serving on July 1, 1970, shall not be required to meet any requirement of §§ 23-3-41 and 23-3-42 as a condition of tenure or continued employment. The Legislature finds, and it is hereby declared to be the policy of §§ 23-3-26 to 23-3-47, inclusive, that such law enforcement officers have satisfied such requirements by their experience.

Source: SL 1970, ch 145, § 5 (a).


     23-3-46.   Division of Criminal Investigation to administer programs--Personnel. The Division of Criminal Investigation, Office of Attorney General, is hereby designated as the agency in state government to coordinate and administer all programs under §§ 23-3-26 to 23-3-47, inclusive, and §§ 34-45-22 to 34-45-32, inclusive.
     Selection and payment of personnel to implement training and other programs authorized by these sections is the responsibility of the Division of Criminal Investigation, from the 911 telecommunicator training fund.

Source: SL 1970, ch 145, § 8; SL 1998, ch 142, § 14.


     23-3-47.   Severability. The provisions of §§ 23-3-26 to 23-3-46, inclusive, shall be severable and if any phrase, clause, sentence, or provision of said sections is declared to be contrary to the Constitution or laws of this state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of said sections and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

Source: SL 1970, ch 145, § 9.


     23-3-48.   Legislative finding of necessity for law enforcement training center and other law enforcement facilities. The South Dakota Legislature finds and declares that a state-wide law enforcement training center for the use of all criminal justice personnel in South Dakota to be necessary to provide adequate training for law enforcement officials in an increasingly complex, modern society; to provide office and laboratory space for the Division of Criminal Investigation; and to provide operations, office, and shop space for the State Police Radio System.

Source: SL 1972, ch 286, § 1.


     23-3-49.   Attorney general to accept gifts for training center and facilities. The attorney general is authorized to accept and expend, in addition to any amounts appropriated and for the purpose stated in § 23-3-48, any funds which may be obtained from federal funds and any gifts or contributions from any source for said purpose.

Source: SL 1972, ch 286, § 4.


     23-3-50.   Division of Criminal Investigation to provide training and operate center--Supervision by attorney general. The Division of Criminal Investigation shall, pursuant to §§ 23-3-26 to 23-3-50, inclusive, continue to provide law enforcement training programs and to occupy and operate the law enforcement training center under the superintendency and control of the attorney general of the State of South Dakota.

Source: SL 1972, ch 286, § 5; SL 1973, ch 156, § 1.


     23-3-51.   Law enforcement officers training fund created. There is hereby created in the Office of the State Treasurer a law enforcement officers training fund.

Source: SL 1977, ch 194, § 1.


     23-3-52.   Liquidated costs assessed for law enforcement and judicial expenses for personnel, training, and facilities--Amount. In addition to any other penalty, assessment, or fine provided by law, there shall be levied liquidated costs in the amount of forty dollars for partial reimbursement to state government and its subdivisions for law enforcement and judicial expenses incurred in providing the personnel, training, and facilities relative to the criminal justice system and to the 911 emergency reporting system, on each conviction for the following:
             (1)      Violation of state statutes or regulations having criminal penalties; or
             (2)      Violation of county or municipal ordinances.
     If a fine is suspended in whole or in part, the liquidated costs for law enforcement and training may not be reduced, except that the judge may waive all or any part of the payment of liquidated costs which would work a hardship on the person convicted or on the person's immediate family.

Source: SL 1977, ch 194, §§ 3, 5; SL 1978, ch 165, § 3; SL 1982, ch 186, § 1; SL 1987, ch 171, § 1; SL 1991, ch 171; SL 1992, ch 170, § 1; SL 1998, ch 142, § 10; SL 1998, ch 143, § 1; SL 2000, ch 110, § 1; SL 2003, ch 120, § 4; SL 2004, ch 160, § 1; SL 2007, ch 148, § 1.


     23-3-53.   Collection by clerk of courts--Transmittal to state treasurer--Disposition. After a determination by the court of the amount due, the clerk of courts shall collect the amount due and transmit such amount monthly to the state treasurer. The state treasurer shall place thirty dollars of the forty dollar fee into the law enforcement officers training fund, six dollars of the forty dollar fee into the court appointed attorney and public defender payment fund, two dollars of the forty dollar fee into the court appointed special advocates fund, one dollar of the forty dollar fee into the 911 telecommunicator training fund, and one dollar of the forty dollar fee into the abused and neglected child defense fund.

Source: SL 1977, ch 194, § 1; SL 1982, ch 186, § 5; SL 1988, ch 189, § 1; SL 1991, ch 197, § 1; SL 1992, ch 170, § 2; SL 1998, ch 142, § 12; SL 1998, ch 143, § 2; SL 2000, ch 110, § 2; SL 2003, ch 120, § 5; SL 2004, ch 160, § 2; SL 2007, ch 148, § 2.


     23-3-54.   Repealed by SL 1988, ch 189, § 2


     23-3-55.   Annual appropriation from fund--Allocation. Moneys in the law enforcement officers training fund shall be annually appropriated by the Legislature to be used with any other moneys otherwise appropriated to pay necessary costs of law enforcement, law enforcement training, and judicial training and to pay expenses for the operation of the Law Enforcement Officers Standards Commission. The funds shall be allocated for: law enforcement training programs conducted by the Office of the Attorney General through the Law Enforcement Officers Standards Commission; highway safety law enforcement training; the operation of a statewide drug enforcement unit; state law enforcement equipment; the State Forensic Laboratory; the training of prosecutors and Unified Judicial System personnel; and other law enforcement and training purposes.

Source: SL 1977, ch 194, § 2; SL 1982, ch 186, § 2; SL 1985, ch 188, § 4; SL 1987, ch 171, § 2; SL 1988, ch 189, § 3.


     23-3-56 to 23-3-63.   Repealed by SL 1982, ch 183, §§ 1 to 8


     23-3-64.   Superseded.


     23-3-65 to 23-3-69.   Repealed by SL 2012, ch 23, § 10.


     23-3-70.   Immunity from civil liability for certain good faith conduct. No law enforcement agency, employee of a law enforcement agency, employee or official of a state or county agency and any individual contracting or appointed to perform services under § 22-22-1.3, 22-24B-29, 22-24B-30, 24-15A-32.1, or 24-15A-32 may be civilly liable for good faith conduct under § 22-22-1.3, 22-24B-29, 22-24B-30, 24-15A-32.1, or 24-15A-32.

Source: SL 2006, ch 121, § 16.


     23-3-71.   County coroner training program. The Law Enforcement Officers Standards Commission shall establish a training program for county coroners. The county coroner training shall include training programs concerning scene investigation and death registration. The commission shall establish and maintain a county coroner training program in consultation with the Department of Health and the county coroners and through such agencies and institutions as the commission may deem appropriate.

Source: SL 2010, ch 123, § 2.


     23-3-72.   Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general. Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:
             (1)      Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to § 22-30A-10;
             (2)      Bribery in public office pursuant to § 2-12-9, 22-12A-7, or 22-12A-11; or
             (3)      An intentional violation of any limit on gifts to public officials under chapter 2-12.
     The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail.

Source: SL 2017, ch 73, § 3.


     23-3-73.   Referral to Government Operations and Audit Committee, secretary of state, or Judicial Qualifications Commission. If an investigation authorized under § 23-3-72 does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation may determine that no further action is required, or refer the matter to:
             (1)      The Government Operations and Audit Committee for review of a matter involving a legislator or legislative employee;
             (2)      The secretary of state for a matter involving a candidate for the Legislature or statewide office who shall resolve the matter in a reasonable time; or
             (3)      The Judicial Qualifications Commission for a matter involving a judicial officer.
     A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any fact on which the affiant relied and identify any source of factual information.

Source: SL 2017, ch 73, § 4.


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