AN ACT
ENTITLED, An Act to
revise the circumstances under which certain arrests may be effected without
a warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-3-2.1 be amended to read as follows:
23A-3-2.1. Unless the provisions of § 22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person, without a warrant, if the officer has probable cause to believe that:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-3-2.1 be amended to read as follows:
23A-3-2.1. Unless the provisions of § 22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person, without a warrant, if the officer has probable cause to believe that:
(1)
An order has been issued under chapter 25-10 protecting the victim and the terms of the
order prohibiting acts or threats of abuse or excluding the person from a residence have
been violated; or
(2)
The person is eighteen years or older and within the preceding twenty-four hours has
assaulted:
(a)
That person's spouse;
(b)
That person's former spouse;
(c)
The mother or father of that person's child; or
(d)
Any person eighteen years of age or older with whom that person resides or has
formerly resided;
and the officer believes:
(a)
An aggravated assault has occurred;
(b)
An assault has occurred which has resulted in bodily injury to the victim, whether
the injury is observable by the responding officer or not; or
(c)
An attempt by physical menace has been made to put another in fear of imminent
serious bodily harm.
An Act to revise the circumstances under which certain arrests may be effected without a warrant.
An Act to revise the circumstances under which certain arrests may be effected without a warrant.
|
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1145
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____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1145
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
