2017 Session Laws

CHAPTER 105

(HB 1056)

Law enforcement officers
may issue certain citations not signed under oath.


        ENTITLED, An Act to authorize law enforcement officers to issue certain citations not signed under oath.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That ยง 23A-2-1 be amended to read:

    23A-2-1. A complaint is a written statement of the essential facts constituting an offense charged. It must The complaint shall be signed under oath before a person authorized to administer oaths in the State of South Dakota. It is sufficient if a A law enforcement officer, in lieu of signing a complaint for a Class 2 misdemeanor or felony under oath, signs the following may sign a statement printed or written on a complaint or summons on a uniform traffic ticket stating: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this a statement as provided for in required by this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

     Signed March 2, 2017
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