Chapter
01. Definitions And General Provisions [Repealed]
01A. Petty Offense Procedure
02. Basic Rights Of Defendants [Repealed]
03. Law Enforcement Agencies
04. Safeguard Of Law Enforcement Radio Communications
05. Criminal Identification
05A. DNA Samples
05B. DNA Testing Of Persons Convicted Of Felonies
05C. Sexual Assault Kits For Testing
06. Criminal Statistics
07. Firearms Control
08. Limitation Of Criminal Actions [Repealed]
09. Territorial Jurisdiction And Venue Of Prosecution [Repealed]
10. Persons Subject To Criminal Proceedings [Repealed]
11. Riots And Resistance Of Process [Repealed]
12. Peace Bond [Repealed]
13. Prevention And Investigation Of Crimes
13A. Interception Of Wire Or Oral Communications [Transferred And Repealed]
14. Coroner's Inquests
15. Search Warrant [Repealed]
16. Disposition Of Property Seized [Repealed]
17. Destruction Of Gambling Devices [Repealed]
18. Suppression Of Obscene Objects [Repealed]
19. Complaints And Preliminary Information [Repealed]
20. Filing Of Information [Repealed]
21. Warrants For Arrest [Repealed]
22. Arrest And Delivery To Magistrate [Repealed]
23. Arrests By Officers Of Other States [Repealed]
24. Extradition Proceedings
24A. Interstate Agreement On Detainers
24B. Extradition Of Fugitive Indians
25. Escapes And Rescues [Repealed]
26. Bail In Criminal Cases [Repealed And Transferred]
26A. Rendition Of Accused Persons
27. Preliminary Examination By Magistrate [Repealed]
28. Change Of Venue [Repealed]
29. Grand Jury [Repealed]
30. Investigations By Grand Jury [Repealed]
31. Indictments And Presentments [Repealed]
32. Form And Contents Of Pleadings [Repealed]
33. Compromise Of Misdemeanor Without Trial [Repealed]
34. Dismissal Of Actions Without Trial [Repealed]
35. Arraignment And Pleas [Repealed]
36. Defensive Motions, Demurrers And Objections To Introduction Of Evidence [Repealed]
37. Pretrial Notice Of Special Defenses [Repealed]
38. Inquiry Into Defendant's Mental Competency To Proceed [Transferred]
39. Defects In Pleadings Or Jurisdiction [Repealed]
40. Subpoena And Attendance Of Witnesses [Repealed]
41. Depositions [Repealed]
42. Conduct Of Trial In Circuit Court [Repealed]
43. Trial Jury [Repealed]
44. Evidence And Issues Of Fact [Repealed And Transferred]
45. Jury Deliberations And Verdict [Repealed]
46. Trial Record And Exceptions [Repealed]
47. Arrest Of Judgment [Repealed]
48. Judgment And Sentence [Repealed]
48A. Restitution For Victims Of Crime [Repealed]
49. Capital Punishment [Repealed]
50. New Trial [Repealed]
51. Appeal To Supreme Court [Repealed]
52. Post-Conviction Proceedings [Repealed]
53. County Court Procedure [Repealed]
54. Justice Court Procedure [Repealed]
55. Appeals From Justice Court [Repealed]
56. Municipal Court Procedure [Repealed]
57. Suspension Of Sentence And Judicial Clemency [Repealed And Transferred]
58. Board Of Pardons And Paroles [Repealed]
59. Executive Clemency [Repealed]
60. Paroles From The Penitentiary [Repealed]
61. Paroles From State Training School [Repealed]
62. Interstate Parolee Supervision [Transferred]
CHAPTER 23-1A
PETTY OFFENSE PROCEDURE
23-1A-1 Petty offense procedures used by all law enforcement and judicial officers.
23-1A-2 Complaint and summons forms--Uniform traffic ticket--Contents.
23-1A-2.1 Ticket form for juvenile cited violations.
23-1A-3 State's attorney as attorney for plaintiff.
23-1A-4 Complaint and summons as only complaint necessary.
23-1A-5 Signature under oath on complaint--Traffic ticket issued by law enforcement officer.
23-1A-6 Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.
23-1A-7 Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.
23-1A-8 Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.
23-1A-9 Resisting service or refusal to give information as misdemeanor.
23-1A-10 Defendant's options for disposal of case.
23-1A-11 Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.
23-1A-12 Admission of other than traffic violation in lieu of court appearance--Filing with deposit.
23-1A-13 Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.
23-1A-14 Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.
23-1A-15 Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.
23-1A-16 Relief from admission by appearing in court--Matter set for trial.
23-1A-17 Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
23-1A-18 Failure to appear after deposit or admission--Judgment entered.
23-1A-19 Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.
23-1A-20 Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.
23-1A-21 Effect of judgment same as for other civil judgments--Execution, levy, and liens.
23-1A-22 Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.
23-1A-23 Judgment proceeds deposited in county treasuries.
CHAPTER 23-3
LAW ENFORCEMENT AGENCIES
23-3-1 Police in municipalities--Law governing--Size of force.
23-3-2 23-3-2. Repealed by SL 2011, ch 2, § 104.
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 Guidelines and procedures for reporting and investigation of missing persons, murdered indigenous women and children, and runaways--Training programs.
23-3-18.2 Collection and sharing of information on missing and murdered indigenous persons.
23-3-18.3 Definitions.
23-3-18.4 Missing persons clearinghouse--Establishment--Purpose.
23-3-18.5 Missing persons clearinghouse--Administration--Requirements.
23-3-18.6 Missing persons clearinghouse--Report--Notification.
23-3-18.7 Missing person clearinghouse--Purpose.
23-3-18.8 Missing person located--Purging of information.
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 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.
23-3-27 Law enforcement officer defined.
23-3-27.1 Tribal law enforcement defined.
23-3-28 Law Enforcement Officers Standards Commission--Appointment--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 23-3-34. Repealed by SL 1971, ch 23, § 2
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.
23-3-39.9 Response to resistance training.
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--Amount--Purposes--Waiver.
23-3-53 Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses.
23-3-54 23-3-54. Repealed by SL 1988, ch 189, § 2
23-3-55 Annual appropriation from fund--Allocation.
23-3-56 23-3-56 to 23-3-63. Repealed by SL 1982, ch 183, §§ 1 to 8
23-3-64 Superseded.
23-3-65 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.
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.
23-4-1
Repealed.
23-4-2
Possession by felon of police radio as misdemeanor--Radio stations unaffected.
23-4-3
Repealed.
23-4-4
Federal licensees exempt from chapter.
23-4-5
Repealed.
23-4-6
Transferred.
23-4-7
Possession of device receiving law enforcement or emergency dispatch
communications while committing felony--Misdemeanor.
CHAPTER 23-5
CRIMINAL IDENTIFICATION
23-5-1 Criminal identifying information--Procurement and filing by attorney general.
23-5-2 Cooperation of attorney general with law enforcement officers to establish complete state system.
23-5-3 Criminal records of inmates of penal institutions--Procuring and filing.
23-5-4 Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor.
23-5-5 Fingerprints taken on arrest--Comparison with files--Information on previous criminal record.
23-5-6 Identification records made by wardens and superintendents of penal institutions.
23-5-7 Identification records to be filed and preserved--Restrictions as to use.
23-5-8 Warden of correctional facility--Furnishing of identification of inmates, transmission to Division of Criminal Investigation.
23-5-9 23-5-9. Repealed by SL 1974, ch 55, § 50.
23-5-10 Definition of terms.
23-5-11 Confidential criminal justice information not subject to inspection--Exception.
23-5-12 Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability.
23-5-12.1 Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent.
23-5-13 Costs of providing information--Special revenue fund.
23-5-14 23-5-14 to 23-5-18. Repealed by SL 2003, ch 133, §§ 33 to 37.
23-5A-1
Definition of terms.
23-5A-2
Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.
23-5A-3
Duties of State Forensic Laboratory.
23-5A-4
Persons convicted or adjudicated delinquent for qualifying offense required to
provide DNA sample.
23-5A-5
Persons convicted or adjudicated delinquent for qualifying offense required to
provide DNA sample.
23-5A-5.1
Registered sex offenders required to provide DNA sample.
23-5A-5.2
Adult arrested for qualifying offense required to provide DNA sample.
23-5A-6
Incarcerated or supervised persons to provide DNA sample--Release contingent upon
provision of sample.
23-5A-7
Interjurisdictional provisions to provide DNA sample.
23-5A-8
Application of this chapter to persons on probation or parole--Application to persons
sentenced to death, life or indeterminate sentences--Other application.
23-5A-9
Agencies or institutions may contract with third parties to collect samples.
23-5A-10
Fingerprints to be provided as identification of person.
23-5A-11
DNA samples to be forwarded to State Forensic Laboratory.
23-5A-12
Immunity from liability of persons collecting DNA samples.
23-5A-13
Reasonable force allowed in collection of DNA sample--Immunity from liability.
23-5A-14
Refusal to supply sample a felony.
23-5A-15
Mistaken collection or placement of sample does not invalidate sample's use in
database.
23-5A-16
Promulgation of rules for collection, analysis, storage, etc.
23-5A-17
Permissible uses of DNA analyses.
23-5A-18
Uses of DNA samples remaining after analyses.
23-5A-19
Use of analyses performed on persons adjudicated delinquent--Includes adult
prosecution.
23-5A-20
Revocation of license of public DNA laboratory.
23-5A-21
Third party contractors--Subject to restrictions and requirements of this chapter.
23-5A-22
Confidentiality of records--Disclosure prohibited.
23-5A-23
Records not public.
23-5A-24
Discovery rules govern access to DNA records.
23-5A-25
Release of record or sample for certain authorized purposes.
23-5A-26
Disclosure to unauthorized person or agency a felony--Unauthorized use or
tampering a felony.
23-5A-27
Confidentiality of software and databases used by state laboratory.
23-5A-28
Request for expungement--Grounds.
23-5A-29
Expungement of record--Receipt of court order--Exception.
23-5A-30
Expungement not required if certain other evidence would be destroyed.
23-5A-31
Failure to expunge not grounds for invalidation.
23-5A-32
Liberal construction of chapter--Other laws.
23-5B-1
Order upon motion for DNA testing of person convicted of felony--Requirements.
23-5B-2
Notice to attorney general and state's attorney of motion for testing--Response.
23-5B-3
Referral of indigent petitioner's request for testing to Innocence Project or volunteer
attorney.
23-5B-4
Petitioner may retain counsel.
23-5B-5
Preservation of evidence in state custody.
23-5B-6
Testing laboratory.
23-5B-7
Testing by agreement.
23-5B-8
Disclosure of test results.
23-5B-9
Submission of test results to State DNA Database.
23-5B-10
Inconclusive test results or match between DNA sample and DNA evidence.
23-5B-11
Match between DNA sample and other offense.
23-5B-12
Denial of relief upon inconclusive test results.
23-5B-13
Effect of match between DNA sample and DNA evidence.
23-5B-14
Sentencing in prosecution for false assertions.
23-5B-15
Motion for new trial where testing excludes petitioner as source of DNA evidence.
23-5B-16
Grounds for new trial.
23-5B-17
Habeas corpus.
CHAPTER 23-5C
SEXUAL ASSAULT KITS FOR TESTING
23-5C-1 Definitions.
23-5C-2 Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Minor's consent--No impact on mandatory reporting--Release of sexual assault kit--Preservation of sexual assault kit.
23-5C-3 Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected.
23-5C-4 Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.
23-5C-5 23-5C-5 to 23-5C-7. Repealed by SL 2019, ch 112, §§ 4 to 6.
23-6-1
Bureau of Criminal Statistics--Establishment in Office of Attorney General.
23-6-2
Attorney general as director of bureau--Seal--No salary.
23-6-3
Work of bureau--Assignment of deputies and clerks--Expenses paid from department
appropriation.
23-6-4
Statistical information--Compilation by director--Misdemeanor.
23-6-5
Information as to particular offenders--Gathering by director--Misdemeanor.
23-6-6
Classification of crimes and offenders--Promulgation by director--Misdemeanor.
23-6-7
Authority of director to enter prisons and penal institutions--Misdemeanor.
23-6-8
Information received by bureau--Filing by director--Form and classification of
records, preservation.
23-6-8.1
Destruction of records of certain persons, incidents, and offenses.
23-6-9
Copy of available information--Furnishing to law enforcement agencies--Misdemeanor.
23-6-10
Reports by director--Contents--Distribution--Misdemeanor.
23-6-11
Access of director to public records--Misdemeanor.
23-6-12
Cooperation of bureau with federal government and other states--Development of
international system of criminal identification--Misdemeanor.
23-6-13
Superseded.
23-6-14
Access to files and records of bureau.
23-6-15
Acceptance of rewards by director or employees prohibited.
23-6-16
Officials dealing with persons charged with crime--Reports required by director--Misdemeanor.
23-6-17
Coroners--Transmission of information required by director--Misdemeanor.
23-6-18
Superseded.
23-6-19
Uniformity of interpretation of chapter.
23-6-20
Citation of chapter.
CHAPTER 23-7
FIREARMS CONTROL
23-7-1 Definitions applicable to chapter.
23-7-1.1 Antique or nondischargeable firearms excepted.
23-7-2 23-7-2. Repealed by SL 1978, ch 169, § 11
23-7-3 23-7-3. Repealed by SL 1978, ch 158, § 18
23-7-3.1 23-7-3.1 to 23-7-6. Repealed by SL 1976, ch 158, § 14-14
23-7-7 Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited.
23-7-7.1 Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
23-7-7.2 Authority issuing permit--Liability limitation.
23-7-7.3 Reciprocity with other states--Conditions.
23-7-7.4 Repealed.
23-7-7.5 Active duty military personnel and spouses.
23-7-7.6 Time requirement for INTERPOL check.
23-7-8 Application for permit, enhanced permit, or gold card permit to carry concealed pistol.
23-7-8.1 Form and contents of permit, enhanced permit, and gold card permit.
23-7-8.2 Duration of permit.
23-7-8.3 Permit issued to specific person--Transfer prohibited.
23-7-8.4 Revocation of permit--Procedure.
23-7-8.5 23-7-8.5. Repealed by SL 2005, ch 124, § 3.
23-7-8.6 List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
23-7-8.7 Application of firearm confidentiality provisions.
23-7-8.8 Law enforcement officer not restricted in performance of official duty under specified circumstances.
23-7-8.9 Retention of data by law enforcement officer limited.
23-7-8.10 Access restricted to application, record, or registry of holders of permits.
23-7-8.11 Renewal of regular permit to carry concealed pistol.
23-7-8.12 Renewal of regular concealed carry permit by deployed military service member.
23-7-8.13 Grace period for renewal of permit.
23-7-8.14 Grace period not applicable to certain permit holders.
23-7-9 Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
23-7-10 23-7-10. Repealed by SL 2009, ch 121, § 4.
23-7-11 Regulation does not apply to sale of pistols at wholesale.
23-7-12 False information or false evidence of identity to secure pistol or permit as felony.
23-7-13 23-7-13 to 23-7-17. Repealed by SL 1978, ch 169, §§ 12 to 16
23-7-18 Sale of pistol by retail dealer--Restrictions--Misdemeanor.
23-7-19 23-7-19. Repealed by SL 1985, ch 190, § 19
23-7-20 23-7-20. Repealed by SL 1978, ch 169, § 17
23-7-21 23-7-21 to 23-7-23. Repealed by SL 1976, ch 158, § 14-14
23-7-24 23-7-24. Superseded and executed
23-7-25 23-7-25 to 23-7-39. Repealed by SL 1976, ch 158, § 14-14
23-7-40 23-7-40, 23-7-41. Repealed by SL 2011, ch 122, §§ 1, 2.
23-7-42 23-7-42. Repealed by SL 1981, ch 185
23-7-43 New serial number engraved or stamped on firearm.
23-7-44 Possession of pistols by minors prohibited--Misdemeanor.
23-7-45 Possession of pistols by minors--Exceptions to prohibitions.
23-7-46 Prohibited transfer of firearms and ammunition to juveniles--Felony.
23-7-47 Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
23-7-48 Attorney general's transmission of certain names to National Instant Criminal Background Check System.
23-7-49 Petition for restoration of right to possess firearm.
23-7-50 Hearing for restoration of right to possess firearm--Confidentiality of record--Order.
23-7-51 Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.
23-7-52 23-7-52. Repealed by SL 2016, ch 133, § 1, eff. Mar. 10, 2016.
23-7-53 Enhanced permit to carry concealed pistol--Application.
23-7-54 Temporary enhanced permit to carry concealed pistol--Requirements--Records.
23-7-54.1 Repealed.
23-7-54.2 Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
23-7-54.3 Repealed.
23-7-54.4 Request for unrestricted enhanced permit upon reaching age twenty-one.
23-7-55 Duration of enhanced permit to carry concealed pistol--Identification required.
23-7-56 Enhanced permit--Renewal--Requirements.
23-7-57 References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.
23-7-58 Qualifying handgun course.
23-7-59 Use of force course--Standards--Promulgation of rules—Liability limitation.
23-7-59.1 Certified instructors--Actions of students--Liability limitation.
23-7-60 Gold card permit to carry concealed pistol--Application.
23-7-61 Temporary gold card permit to carry concealed pistol--Requirements--Records.
23-7-62 Gold card permit--Renewal--Requirements.
23-7-63 Duration of gold card permit to carry concealed pistol.
23-7-64 Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit.
23-7-65 Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.
23-7-66 Surrender to court of revoked gold card or enhanced concealed pistol permits.
23-7-67 Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor.
23-7-68 National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.
23-7-69 Notice to secretary of state of change of name or address--Issuance of new permit.
23-7-70 Carrying concealed pistol in malt or alcoholic beverage establishment prohibited.
23-7-71 Minors prohibited from carrying concealed pistol except with parent or guardian.
23-7-72 Concealed carry permit fees--Reimbursement to county.
23-13-1
Prevention of offenses by officers of justice--Methods.
23-13-2
Prevention of offenses by officers of justice--Assistance by other persons.
23-13-3
Repealed.
23-13-4
Enforcement of gambling laws--Duties of public officers.
23-13-5
Neglect of gambling investigation and enforcement--Investigation and
prosecution by attorney general.
23-13-6
Neglect of gambling investigation and enforcement as petty offense.
23-13-7
Transcription and filing of testimony taken by prosecuting attorney.
23-13-8, 23-13-9.
Repealed.
23-13-10
Report to sheriff of gunshot wounds treated.
23-13-11
Oral report of gunshot wound as soon as possible.
23-13-12
Immunity from liability for report.
23-13-13
Claim of confidential relation privilege prohibited.
23-13-14
Failure to report bullet wound--Misdemeanor.
23-13-15, 23-13-16.
Repealed.
23-13-17
Repealed.
23-13A-1 Transferred.
23-13A-2 Repealed.
23-13A-3, 23-13A-4. Transferred.
23-13A-5 Transferred.
23-13A-6 to 23-13A-10. Transferred.
23-13A-11 Repealed.
23-14-1
Duty of coroner to inquire into cause of death.
23-14-2
Repealed.
23-14-3
Summons of jury for coroner's inquest.
23-14-4
Repealed.
23-14-5
Bystander as juror--Juror failing to appear.
23-14-6
Repealed.
23-14-7
Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt.
23-14-8
Repealed.
23-14-9
Physician summoned to make examination--Compensation.
23-14-9.1
Autopsy ordered by state's attorney, sheriff, or coroner.
23-14-9.2
Autopsy fees--Coroner performing autopsy--County of residence to pay for autopsy.
23-14-10
Testimony in writing--Subscribing by witnesses.
23-14-11
Repealed.
23-14-12
Inquest not made public until arrest directed.
23-14-13
Arrest of person charged--Coroner's warrant.
23-14-14
Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint.
23-14-15
Recitals in coroner's warrant--Foundation for commitment proceedings.
23-14-16
Papers returned to circuit court.
23-14-17
Forms to be promulgated--Publication--Effect of forms.
23-14-18
Deaths to be investigated by coroner.
23-14-18.1
Designation of special death investigators.
23-14-18.2
Jurisdiction and duties of special death investigators.
23-14-18.3
Investigation of uncertified deaths.
23-14-18.4
Compensation of special death investigators.
23-14-19
Joint custody of dead bodies and effects--Movement prohibited--Violation as
misdemeanor.
23-14-20
Certificate prepared by coroner.
CHAPTER 23-24
EXTRADITION PROCEEDINGS
23-24-1 Definition of terms.
23-24-2 Fugitives from other states--Governor to cause arrest and delivery.
23-24-3 Form of demand for extradition to another state.
23-24-4 Investigation by Governor.
23-24-5 Agreement for return of fugitive to this state after trial or sentence in another state.
23-24-6 Fugitive from another state who departed therefrom involuntarily.
23-24-7 Fugitive from another state who was absent therefrom at the time of the commission of the crime.
23-24-8 Governor's warrant of arrest--Issuance--Recitals.
23-24-9 Manner and place of execution.
23-24-10 Authority of arresting officer.
23-24-11 Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.
23-24-12 Application for habeas corpus to test legality of arrest.
23-24-13 Confinement in jail when necessary.
23-24-14 Taking prisoner from another state to demanding state through this state--Confinement in jail.
23-24-15 Arrest prior to requisition.
23-24-16 Arrest without a warrant.
23-24-17 Commitment to await requisition.
23-24-18 Bail pending proceedings--Conditions of bond.
23-24-19 Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail.
23-24-20 Forfeiture of bail.
23-24-21 Persons under criminal prosecution in this state at time of requisition.
23-24-22 Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt.
23-24-23 Governor may recall warrant or issue alias.
23-24-24 Written waiver of extradition proceedings.
23-24-25 Consent to return to demanding state--Execution--Filing--Effect.
23-24-26 Voluntary return without formality.
23-24-27 Nonwaiver by this state.
23-24-28 Fugitives from this state--Governor to issue warrant.
23-24-29 Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney.
23-24-30 Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents.
23-24-31 Application for Governor's requisition--Verification--Accompanying documents.
23-24-32 Disposition of copies of application and accompanying documents.
23-24-33 Immunity from civil process.
23-24-34 No immunity as to prosecution for other crimes.
23-24-35 Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined.
23-24-36 Custody and restraint of person in South Dakota by agent of foreign state.
23-24-37 Uniformity of interpretation.
23-24-38 Severability of provisions.
23-24-39 Citation of uniform provision.
CHAPTER 23-24A
INTERSTATE AGREEMENT ON DETAINERS
23-24A-1 Findings, policy, and purpose of party states.
23-24A-2 Definition of terms.
23-24A-3 Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance.
23-24A-4 Prisoner to be informed of detainer and right to final disposition.
23-24A-5 Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials.
23-24A-6 Certificate of custodial official to accompany prisoner's request for final disposition--Contents.
23-24A-7 Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition.
23-24A-8 Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.
23-24A-9 Escape voids request for final disposition.
23-24A-10 Request for disposition includes all untried accusations.
23-24A-11 Dismissal of accusations not tried before return to place of imprisonment.
23-24A-12 State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner.
23-24A-13 Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state.
23-24A-14 Time for trial after return to requesting state--Continuance.
23-24A-15 Tolling of time periods for trial.
23-24A-16 Right of prisoner to contest legality of delivery.
23-24A-17 Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner.
23-24A-18 Documents required of officer accepting temporary custody.
23-24A-19 Duty of custodial officer to give over person of inmate.
23-24A-20 Limitation on purpose of temporary custody--Type of jail used for prisoner.
23-24A-21 Escape while in another state.
23-24A-22 Dismissal of accusation on failure to accept custody or try case--Detainer void.
23-24A-23 Running of sentence during temporary custody--Good time earned.
23-24A-24 Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody.
23-24A-25 Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered.
23-24A-26 Dismissal of accusation not tried before return to imprisonment.
23-24A-27 Return of prisoner to sending state.
23-24A-28 Mentally ill persons not covered.
23-24A-29 Habitual offenders law not covered.
23-24A-30 Designation of officer in party states to implement agreement.
23-24A-31 Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law.
23-24A-32 Enforcement and cooperation by state agencies and political subdivisions.
23-24A-33 Agreement in force on enactment into law--Withdrawal by party state.
23-24A-34 Liberal construction of agreement--Severability of provisions.
23-24B-1
Extradition to tribe of Indian fugitive found within state's jurisdiction.
23-24B-2
Repealed.
23-24B-3
Written request required--Contents--Copy of arrest warrant and judgment--Sworn
statement from reservation judicial officer.
23-24B-3.1
Extradition or prosecution of state charges against fugitive Indian.
23-24B-3.2
Submission of documents to circuit judge--Warrant of arrest.
23-24B-4
Proceedings conducted between circuit judge and tribal judge or magistrate.
23-24B-4.1
Investigation and report to judge by attorney general.
23-24B-4.2
Scope of circuit judge's inquiry.
23-24B-5
Governor's participation not required.
23-24B-5.1
Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor.
23-24B-6
Habeas corpus provisions applicable.
23-24B-7
Waiver of extradition--Advice as to rights.
23-24B-8
Temporary detention of fugitive being transported--Expense.
23-26-1 to 23-26-13.
Repealed.
23-26-13.1
Transferred.
23-26-14 to 23-26-16.
Repealed.
23-26A-1
Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate.
23-26A-2
Warrant for arrest of accused person.
23-26A-3
Magistrate's direction to prosecuting attorney to investigate.
23-26A-4
Arrested person taken before magistrate--Advice as to rights.
23-26A-5
Waiver of hearing by person arrested.
23-26A-6
Release of accused person pending hearing.
23-26A-7
Hearing and order for return to other state--Findings required.
23-26A-8
Uniformity of construction.
23-26A-9
Severability of provisions.
23-26A-10
Citation of chapter.
23-28-1, 23-28-2.
Superseded.
23-28-3 to 23-28-6.
Repealed.
23-28-7
Repealed.
23-28-8 to 23-28-8.2.
Superseded.
23-28-9 to 23-28-14.
Repealed.
23-37-1 to 23-37-5.1.
Repealed.
23-37-6
Superseded.
23-44-1
Repealed.
23-44-2, 23-44-3.
Repealed.
23-44-4 to 23-44-16.1.
Repealed.
23-44-16.2
Transferred.
23-44-17 to 23-44-21.
Repealed.
