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 Definitions And General Provisions [Repealed]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 Basic Rights Of Defendants [Repealed]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 Limitation Of Criminal Actions [Repealed]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 Territorial Jurisdiction And Venue Of Prosecution [Repealed]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 Persons Subject To Criminal Proceedings [Repealed]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 Riots And Resistance Of Process [Repealed]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 Peace Bond [Repealed]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 Interception Of Wire Or Oral Communications [Transferred And Repealed]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 Search Warrant [Repealed]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 Disposition Of Property Seized [Repealed]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 Destruction Of Gambling Devices [Repealed]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 Suppression Of Obscene Objects [Repealed]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 Complaints And Preliminary Information [Repealed]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 Filing Of Information [Repealed]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 Warrants For Arrest [Repealed]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 Arrest And Delivery To Magistrate [Repealed]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 Arrests By Officers Of Other States [Repealed]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 Escapes And Rescues [Repealed]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 Bail In Criminal Cases [Repealed And Transferred]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 Preliminary Examination By Magistrate [Repealed]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 Change Of Venue [Repealed]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 Grand Jury [Repealed]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 Investigations By Grand Jury [Repealed]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 Indictments And Presentments [Repealed]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 Form And Contents Of Pleadings [Repealed]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 Compromise Of Misdemeanor Without Trial [Repealed]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 Dismissal Of Actions Without Trial [Repealed]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 Arraignment And Pleas [Repealed]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 Defensive Motions, Demurrers And Objections To Introduction Of Evidence [Repealed]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 Pretrial Notice Of Special Defenses [Repealed]
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.
23-1A-1. Petty offense procedures used by all law enforcement and judicial officers.
The procedures set forth in this chapter shall be used by all law enforcement and judicial officers for the disposition of petty offense cases.
Source: SL 1977, ch 193, § 1.
23-1A-2. Complaint and summons forms--Uniform traffic ticket--Contents.
The attorney general shall promulgate, pursuant to chapter 1-26, a uniform form or forms to be used for petty or misdemeanor complaints and summons regarding traffic offenses. The form shall be designed to serve as a uniform traffic ticket. The attorney general shall designate those law enforcement agencies which would use the uniform traffic ticket.
The title on the complaint shall be "The State of South Dakota vs. (defendant's name)." The summons or complaint shall inform the defendant of the information set forth in §§ 23-1A-11, 23-1A-12, 23-1A-13, 23-1A-16, and 23-1A-18, and of the amount required for the authorized deposit.
Source: SL 1977, ch 193, § 2; SL 1991, ch 252, § 23.
23-1A-2.1. Ticket form for juvenile cited violations.
The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to be used for juvenile cited violations.
Source: SL 2015, ch 152, § 41, eff. Jan. 1, 2016.
23-1A-3. State's attorney as attorney for plaintiff.
The attorney for the plaintiff in the trial of a petty offense shall be the state's attorney of the county which has jurisdiction of the case.
Source: SL 1977, ch 193, § 14.
23-1A-4. Complaint and summons as only complaint necessary.
Whenever the complaint and summons promulgated pursuant to § 23-1A-2 are used, the attorney for the plaintiff need not make or file any other complaint for the offense charged.
Source: SL 1977, ch 193, § 3.
23-1A-5. Signature under oath on complaint--Traffic ticket issued by law enforcement officer.
Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following statement printed or written on a complaint or summons for a petty offense on a uniform traffic ticket: "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 statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source: SL 1977, ch 193, § 4; SL 2015, ch 134, § 1.
23-1A-6. Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.
A minor may be sued for the commission of a petty offense without the appointment of a guardian ad litem. A state's attorney may dismiss a petty offense complaint issued to a minor any time before judgment is entered and try the minor instead as a juvenile delinquent.
Source: SL 1977, ch 193, § 19.
23-1A-7. Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.
A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10. Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.
Source: SL 1977, ch 193, § 5; SL 1984, ch 12, § 17.
23-1A-8. Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.
The petty offense summons shall specify a time for a hearing on the complaint, which shall be within ten days of its issuance. A defendant may request an earlier hearing. The hearing shall be before a judge or magistrate of the county in which the offense was committed, except as provided in § 23-1A-11.
Source: SL 1977, ch 193, § 6.
23-1A-9. Resisting service or refusal to give information as misdemeanor.
Any person who resists the service of a petty offense complaint and summons or who refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint is guilty of a Class 2 misdemeanor.
Source: SL 1977, ch 193, § 7.
23-1A-10. Defendant's options for disposal of case.
A person to whom a petty offense complaint has been issued may dispose of the case, by, at his option, either:
(1) Signing a written promise to appear in accordance with § 23-1A-11;
(2) Signing an admission and filing it with a deposit in accordance with § 23-1A-12;
(3) Filing a deposit in accordance with § 23-1A-13; or
(4) Appearing in court for a hearing on the complaint.
Source: SL 1977, ch 193, § 8.
23-1A-11. Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.
Any person who has been served with a petty offense complaint for a violation of a statute relating to the operation and use of a motor vehicle may, if he has a valid South Dakota driver's license in his possession or if the arresting officer is shown satisfactory proof that the person does have a valid South Dakota driver's license although not in his immediate possession, give a written promise to appear at the hearing to the officer who served the complaint on him.
If he does not have a valid South Dakota driver's license, he may immediately either sign an admission and give a deposit in accordance with § 23-1A-12 or file a deposit in accordance with § 23-1A-13. If he refuses either alternative, he shall be taken immediately to the nearest or most accessible judge or magistrate for a hearing on the complaint.
Any person who intentionally violates his written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
Source: SL 1977, ch 193, § 9.
23-1A-12. Admission of other than traffic violation in lieu of court appearance--Filing with deposit.
A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for the hearing on the complaint, make a stipulation admitting the allegations in the complaint. Such admission shall be filed with the deposit specified in § 23-1A-13. The admission and deposit shall be filed at the office of the clerk of courts in the county in which the complaint was issued by the last working day prior to the hearing. As used in this section, a working day is any day in which the clerk's office is actually open for the transaction of business.
Source: SL 1977, ch 193, § 10.
23-1A-13. Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.
A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either:
(1) In the law enforcement officer's presence, mailing a deposit to the office of the clerk of courts; or
(2) In the company of the officer, going to the office of the clerk of courts and personally making a deposit.
The issuing officer shall notify the alleged violator, in writing, and obtain a receipt therefor, that if he fails to appear in court at the time fixed in the summons, he will be deemed to have tendered an admission to the allegations contained in the complaint and an agreement to a forfeiture not to exceed the amount of the deposit, which the court will accept.
Source: SL 1977, ch 193, § 11.
23-1A-14. Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.
A person receiving a deposit shall furnish a numbered receipt to the defendant if requested. A person receiving a deposit may allow a defendant to submit a check for the amount of the deposit, and such check shall be considered to be the receipt required by this section. Such check shall be deemed to have been issued for present consideration. Any person who issues a "stop payment" order on such a check and fails to appear in court on the date set for hearing by the summons, is guilty of a Class 2 misdemeanor.
Source: SL 1977, ch 193, § 12.
23-1A-15. Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.
If a defendant files a stipulation and deposit pursuant to § 23-1A-12 or makes a deposit pursuant to § 23-1A-13 he need not appear in court. In such instances, the clerk shall record on the court appearance date, a judgment in favor of the plaintiff and enter the deposit as payment of the judgment.
Source: SL 1977, ch 193, § 13.
23-1A-16. Relief from admission by appearing in court--Matter set for trial.
A person who has filed a stipulation under § 23-1A-12 may appear in court on the appearance date and the court may, on motion, with or without notice, for cause shown, relieve such person from the stipulation and the effects thereof, and set the matter for trial.
Source: SL 1977, ch 193, § 15.
23-1A-17. Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
If a defendant appears in court, personally or by his attorney, he shall be asked whether he admits or denies the commission of the offense alleged in the complaint. If he admits the commission of the alleged offense, the court shall accept his admission and enter a judgment against him for the amount established by § 23-1A-22. If a defendant denies the allegations in a complaint, the case may be tried at that time. A jury trial may not be granted for petty offenses, but conduct for the trial of a petty offense shall otherwise be governed by the rules of civil procedure. If either the defendant or plaintiff requests a continuance, a court may set a later date for trial, which may not exceed thirty days from the date of the initial appearance. A defendant's request for a continuance may not be granted unless he deposits with the court a sum equal to the amount set by § 23-1A-22.
Source: SL 1977, ch 193, § 16; SL 1980, ch 26, § 29; SL 1984, ch 12, § 14.
23-1A-18. Failure to appear after deposit or admission--Judgment entered.
If the defendant fails to appear in court at the time set in his summons or set by subsequent postponement, and he has previously made a deposit, he shall be deemed to have tendered an admission to the allegations contained in the complaint and to have agreed to use the deposit for payment of the judgment. The court shall accept the admission and enter judgment accordingly.
If a defendant fails to appear, and has made a stipulation of admission to the allegations in his complaint, the court shall enter judgment against the defendant.
Source: SL 1977, ch 193, § 17.
23-1A-19. Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.
Any defendant who fails to appear in court and who has not made a deposit, or stipulation and deposit, is guilty of a Class 2 misdemeanor. The court shall enter a default judgment against the defendant in the amount established by § 23-1A-22 and issue a summons or warrant for his arrest.
Source: SL 1977, ch 193, § 18; SL 1980, ch 26, § 30; SL 1984, ch 12, § 15.
23-1A-20. Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.
If the offense alleged in a complaint is a violation of a statute relating to the operation and use of a motor vehicle, then within five working days after the entry of a judgment against a defendant, the court shall forward to the Department of Public Safety a certification of the entry of judgment, judgment of forfeiture, or default judgment.
Source: SL 1977, ch 193, § 20.
23-1A-21. Effect of judgment same as for other civil judgments--Execution, levy, and liens.
A judgment in a petty offense case has the same effect as any other civil judgment and may be executed, levied on, and become a lien on the property of a defendant accordingly.
Source: SL 1977, ch 193, § 24.
23-1A-22. Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.
If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment of twenty-five dollars. However, the trial court may reduce or eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense case. If a deposit is required by this chapter, it shall be the amount set by this section.
Source: SL 1977, ch 193, § 31; SL 1978, ch 165, § 2; SL 1980, ch 26, § 31; SL 1984, ch 12, § 16; SL 2008, ch 113, § 1; SL 2014, ch 153, § 5; SL 2020, ch 124, § 5.
23-1A-23. Judgment proceeds deposited in county treasuries.
All moneys received as payment for petty offense judgments shall be deposited in the treasury of the county where the offense occurred.
Source: SL 1977, ch 193, § 22.
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.
23-3-1. 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.
23-3-3. 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 Human Resources and 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; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
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. Guidelines and procedures for reporting and investigation of missing persons, murdered indigenous women and children, and runaways--Training programs.
The director of the Division of Criminal Investigation shall prepare guidelines and uniform procedures for the reporting of and investigation of missing persons, including missing and murdered indigenous women and children, and runaways. The director shall distribute the guidelines to law enforcement agencies within the state.
The director of the Division of Criminal Investigation shall establish training programs for law enforcement personnel regarding the conduct of investigations into missing persons, including missing and murdered indigenous women and children, and the provision of runaway assistance.
Source: SL 1986, ch 188; SL 2019, ch 114, § 1.
23-3-18.2. Collection and sharing of information on missing and murdered indigenous persons.
The Division of Criminal Investigation shall collect data and share information on missing and murdered indigenous persons in cooperation with similar divisions, bureaus, or departments of other states, tribal governments or law enforcement agencies, county or municipal governments and law enforcement agencies, the Bureau of Indian Affairs of the U.S. Department of the Interior, or the Bureau of Investigation of the U.S. Department of Justice.
Source: SL 2019, ch 114, § 2.
23-3-18.3 . Definitions.
Terms used in §§ 23-3-18.1 to 23-3-18.8, inclusive, mean:
(1) "Missing person," a person who has been reported as missing to a law enforcement agency;
(2) "Missing persons clearinghouse," the repository established in § 23-3-18.5.
Source: SL 2020, ch 90, § 1.
23-3-18.4 . Missing persons clearinghouse--Establishment--Purpose.
The missing persons clearinghouse is hereby established within the Division of Criminal Investigation. The Division of Criminal Investigation shall administer the clearinghouse as provided in § 23-3-18.5.
The missing persons clearinghouse shall be used by all law enforcement agencies in the state as a central repository for information on missing persons. A law enforcement agency shall provide information to the clearinghouse on a form prescribed by the Division of Criminal Investigation.
Source: SL 2020, ch 90, § 2.
23-3-18.5 . Missing persons clearinghouse--Administration--Requirements.
To administer the missing persons clearinghouse, the Division of Criminal Investigation shall:
(1) Collect, process, maintain, and disseminate information about missing persons in this state through a hard copy or an electronic means;
(2) Develop training programs for law enforcement agencies concerning the appropriate procedures to report missing persons to the clearinghouse;
(3) Cooperate with other states and the National Crime Information Center in the exchange of information on missing persons;
(4) Maintain an internet web site accessible to law enforcement agencies and to the public with information on missing persons and with information about the resources available through the clearinghouse. The web site may contain information on missing persons including names, photographs, or other images, if available; descriptions of missing persons; the law enforcement agencies or persons to contact with information regarding missing persons; and the names of persons reported missing whose locations have been determined and confirmed. Nothing in this subdivision prevents the Division of Criminal Investigation from establishing a separate link accessible only to law enforcement agencies for the dissemination and collection of sensitive information as determined by the Division of Criminal Investigation;
(5) Maintain a registry of prevention and education materials and programs regarding missing and runaway minors through hard copy or electronic means; and
(6) Compile statistics relating to the incidence of missing persons within this state.
Source: SL 2020, ch 90, § 3.
23-3-18.6 . Missing persons clearinghouse--Report--Notification.
If a report of a missing person is received by a law enforcement agency having jurisdiction, the agency shall make an immediate entry into the National Crime Information Center and shall then notify the missing persons clearinghouse. If the report of a missing person involves a child, the law enforcement agency shall transmit the proper information for inclusion in the National Crime Information Center computer pursuant to § 26-17-2 and to the missing persons clearinghouse.
Source: SL 2020, ch 90, § 4.
23-3-18.7 . Missing person clearinghouse--Purpose.
The purpose of the missing persons clearinghouse is to serve as a repository. The clearinghouse does not relieve the law enforcement agency having jurisdiction over a missing person case of the agency's investigatory duties and does not automatically involve the Division of Criminal Investigation as the primary investigatory agency in any case.
Source: SL 2020, ch 90, § 5.
23-3-18.8 . Missing person located--Purging of information.
After the location of a missing person is determined and confirmed, the clearinghouse may only release information described in subdivision 23-3-18.5 (4) concerning the located person. Other information concerning the history of the missing person case may only be disclosed to law enforcement agencies of this state and other jurisdictions if necessary for the discharge of official duties, and to the juvenile court in the county of residence of a located person who is a minor. Any information in the clearinghouse relating to a missing person shall be purged when the person's location is determined and confirmed.
Source: SL 2020, ch 90, § 6.
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.
23-3-26. 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--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 thirteen 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. Two members of the commission shall be civilians appointed by the Governor after consultation with the attorney general. Civilians are defined as a person who is not currently or ever has been a certified law enforcement officer.
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. The Governor shall appoint civilian members to terms of 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; SL 2021, ch 102, § 1.
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).
23-3-35. 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.
23-3-39.9. Response to resistance training.
A law enforcement officer shall attend response to resistance training. After initial training, an officer shall attend further training at least once every two years.
Source: SL 2021, ch 103, § 1.
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--Amount--Purposes--Waiver.
In addition to any other penalty, assessment, or fine provided by law, there shall be levied liquidated costs in the amount of fifty 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; SL 2020, ch 91, § 1.
23-3-53. Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses.
After a determination by the court of the amount due, the clerk of courts shall collect the amount due and transmit the amount monthly to the state treasurer. The state treasurer shall place thirty-seven dollars of the fifty dollar fee into the law enforcement officers training fund, seven dollars and fifty cents of the fifty dollar fee into the court appointed attorney and public defender payment fund, two dollars of the fifty dollar fee into the court appointed special advocates fund, two dollars and fifty cents of the fifty dollar fee into the 911 telecommunicator training fund, and one dollar of the fifty 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; SL 2020, ch 91, § 3, eff. Jul. 1, 2021.
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.
23-3-64. 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.
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.
23-4-2. Possession by felon of police radio as misdemeanor--Radio stations unaffected.
No person who has been convicted of a felony in this state or elsewhere within the past ten years shall possess any frequency modulation receiving equipment capable of being so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to local or state law enforcement officers, or to the state or any of its agencies. Any person who violates this section is guilty of a Class 2 misdemeanor. Nothing in this section shall be construed to affect any radio station licensed by the Federal Communications System.
Source: SL 1965, ch 223, § 6; SDCL, § 23-4-6; SL 1976, ch 161; SL 1978, ch 169, §§ 1, 19.
23-4-4. Federal licensees exempt from chapter.
This chapter does not apply to any holders of a valid amateur radio operator or station license issued by the Federal Communications Commission.
Source: SL 1965, ch 233, § 4.
23-4-7. Possession of device receiving law enforcement or emergency dispatch communications while committing felony--Misdemeanor.
Any person who possesses any device actively receiving law enforcement or emergency dispatch audio or emergency dispatch text while committing a felony is guilty of a Class 1 misdemeanor.
Source: SL 2015, ch 135, § 1.
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.
23-5-1. Criminal identifying information--Procurement and filing by attorney general.
The attorney general shall procure and file for record, photographs, pictures, descriptions, fingerprints, measurements, and such other information as may be pertinent of all persons who may hereafter be taken into custody for offenses other than those arising solely out of the violation of the fish, game, conservation, or traffic laws of this state with the exception of those persons charged with driving a motor vehicle while under the influence of alcoholic beverages, and also of all criminals wheresoever the same may be procured. It shall be the duty of the person in charge of any state institution to furnish any such information to the attorney general upon his request.
Source: SDC 1939, § 55.1606; SL 1966, ch 161, § 5.
23-5-2. Cooperation of attorney general with law enforcement officers to establish complete state system.
The attorney general shall also cooperate with, and assist sheriffs, chiefs of police, and other law enforcement officers to the end that a complete state system of criminal identification, investigation, and statistical information may be established.
Source: SDC 1939, § 55.1606; SL 1966, ch 161, § 5.
23-5-3. Criminal records of inmates of penal institutions--Procuring and filing.
The attorney general shall procure and file for record the fingerprint impressions and other means of identification and statistical information of all persons contained in any workhouse, jail, reformatory, penitentiary, or other penal institutions, together with such other information as he may require from the law enforcement officers of the state and its subdivisions.
Source: SDC 1939, § 55.1606; SL 1966, ch 161, § 5.
23-5-4. Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor.
The sheriffs, chiefs of police, marshals of the municipalities, and any other law enforcement officers and peace officers of the state, immediately upon the arrest of any person for a felony or misdemeanor, exclusive of those exceptions set forth in § 23-5-1, shall take such person's fingerprints according to the fingerprint system of identification established by the Division of Criminal Investigation, on forms furnished by the division and shall forward the fingerprints together with other descriptions as may be required with a history of the offense alleged to have been committed, to the division for classification and filing. However, in the case of a Class 2 misdemeanor, exclusive of those exceptions set forth in § 23-5-1, if the arresting officer reasonably believes that the person arrested does not present a danger to self or others and will appear in response to a summons, the arresting officer may, without complying with the provisions of this section, release the person arrested with a summons to appear; and the person arrested shall present himself or herself to the law enforcement agency issuing the summons for fingerprinting prior to the initial court appearance. Any person who fails to appear for fingerprinting in compliance with this section shall be proceeded against by warrant. A copy of the fingerprints of the person arrested, shall be transmitted forthwith by the arresting officer to the Federal Bureau of Investigation in Washington, D.C.
Any officer required by this section to take and report fingerprint records, who fails to take and report the records required by this section, is guilty of a Class 2 misdemeanor.
Source: SDC 1939, §§ 55.1607, 55.9906; SL 1966, ch 161, § 6; SL 1979, ch 150, § 28; SL 1992, ch 60, § 2; SL 1995, ch 128.
23-5-5. Fingerprints taken on arrest--Comparison with files--Information on previous criminal record.
The attorney general shall compare the description received pursuant to § 23-5-4 with those already on file in the Division of Criminal Investigation and if he finds the person arrested has a criminal record or is a fugitive from justice, he shall at once inform the arresting officer of such fact.
Source: SDC 1939, § 55.1607; SL 1966, ch 161, § 6.
23-5-6. Identification records made by wardens and superintendents of penal institutions.
The warden or superintendent of any penal or reformatory institution in this state, the attorney general or his authorized assistants or agents, the sheriff of any county in this state, or the chief of police of any municipality in the state is hereby authorized and empowered, when in his judgment such proceeding shall be necessary for the purpose of identifying any person accused or convicted of crime, or for the purpose of preventing the escape or of facilitating the recapture of any such person, to cause to be taken or made and preserved such photographs, impressions, measurements, descriptions, and records as may in the judgment of any of said officials be deemed necessary.
Source: SL 1921, ch 186, § 1; SDC 1939 & Supp 1960, § 34.1614.
23-5-7. Identification records to be filed and preserved--Restrictions as to use.
Any department or institution that makes or takes any photograph, impression, measurement, description, or record including confidential criminal investigative information, taken or made as provided for in § 23-5-6 shall be filed and preserved by the department or institution. The department or institution may not publish, transfer, or circulate any impression, measurement, description, record, or photograph, except a criminal booking photograph, for a crime classified as a felony pursuant to § 22-6-1 outside the department or institution except to a duly authorized law enforcement officer. If the subject of a measurement, description, or other record becomes a fugitive from justice, or escapes from a penal institution then the measurement, description, or record may be exhibited to the public. This section does not apply to the release of information allowed pursuant to § 24-2-20. Any criminal booking photograph for a crime classified as a felony pursuant to § 22-6-1 is a public record pursuant to chapter 1-27.
Nothing in this section requires any law enforcement agency to provide or reproduce a criminal booking photograph older than six months from the date the criminal booking photograph was taken. An agency requested to provide or reproduce a criminal booking photograph is entitled to recover costs of retrieval or reproduction pursuant to § 1-27-35.
Source: SDC 1939 & Supp 1960, § 34.1614; SL 2001, ch 118, § 1; SL 2017, ch 100, § 1.
23-5-8. Warden of correctional facility--Furnishing of identification of inmates, transmission to Division of Criminal Investigation.
The warden of the state correctional facility shall furnish photographs, fingerprints, and other identifying information of all inmates received at such institution and shall transmit the same to the Division of Criminal Investigation.
Source: SDC 1939, § 55.1605; SL 1966, ch 161, § 4; SL 2023, ch 82, § 20.
23-5-10. Definition of terms.
Terms used in §§ 23-5-10 to 23-5-13, inclusive, mean:
(1) "Confidential criminal justice information," criminal identification information compiled pursuant to chapter 23-5, criminal intelligence information, criminal investigative information, criminal statistics information made confidential pursuant to § 23-6-14, and criminal justice information otherwise made confidential by law;
(2) "Criminal history information," arrest information, conviction information, disposition information and correction information compiled by the attorney general pursuant to chapter 23-5, commonly referred to as a "rap sheet";
(3) "Criminal intelligence information," information associated with an identifiable individual, group, organization, or event compiled by a law enforcement agency: in the course of conducting an investigation into a criminal conspiracy, projecting a potential criminal operation, or producing an estimate of future criminal activities; or in relation to the reliability of information derived from reports of informants or investigators or from any type of surveillance;
(4) "Criminal investigative information," information associated with an individual, group, organization, or event compiled by a law enforcement agency in the course of conducting an investigation of a crime or crimes. This includes information about a crime or crimes derived from reports of officers, deputies, agents, informants, or investigators or from any type of surveillance;
(5) "Call for service," an event occurring in or near the jurisdiction of a law enforcement agency that requires law enforcement response, evaluation, action, or documentation.
Source: SL 1986, ch 189, § 1; SL 2004, ch 161, § 1.
23-5-11. Confidential criminal justice information not subject to inspection--Exception.
Confidential criminal justice information and criminal history information are specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive, and may be withheld by the lawful custodian of the records. Information, if maintained, about calls for service revealing the date, time, and general location and general subject matter of the call is not confidential criminal justice information and shall be released to the public unless the information contains criminal intelligence, identity information that would jeopardize an ongoing investigation, or identity information associated with a mental health or a chemical dependency or abuse intervention. The provisions of this section do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law.
Source: SL 1986, ch 189, § 2; SL 2004, ch 161, § 2; SL 2009, ch 10, § 18; SL 2014, ch 112, § 1.
23-5-12. Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability.
Any person may examine criminal history information filed with the attorney general that refers to that person. The person requesting such information shall supply the attorney general with a written request together with fingerprint identification. The person may also authorize the attorney general to release his criminal history information to other individuals or organizations. The attorney general may require the person to sign a waiver releasing the state, its employees or agents from any liability before releasing criminal history information.
Source: SL 1986, ch 189, § 3.
23-5-12.1. Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent.
The superintendent of any public school or nonpublic school or the owner or operator of any child welfare agency as defined in § 26-6-1 or a certified social worker eligible to engage in private independent practice as defined in § 36-26-17 may submit the name of any person being considered for employment by the school or agency or as an adoptive or foster parent, either directly or by contract, to the Division of Criminal Investigation for a criminal record check. If the division determines the person has a record of criminal convictions, the division shall notify the superintendent, owner, operator, or social worker of the criminal offenses.
Source: SL 1995, ch 126, § 1; SL 2002, ch 116, § 1.
23-5-13. Costs of providing information--Special revenue fund.
Any costs collected pursuant to § 1-11-13 for providing information requested under § 23-5-12 shall be deposited in a special revenue fund for reimbursement to the Office of the Attorney General for the costs of administering the procedure authorized in § 23-5-12.
Source: SL 1986, ch 189, § 4.
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.
23-5A-1. Definition of terms.
Terms used in this chapter mean:
(1) "CODIS," the Federal Bureau of Investigation's Combined DNA Index System that allows the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories. The term includes the national DNA identification index administered and operated by the Federal Bureau of Investigation;
(2) "Conviction," includes a finding of guilt by a jury or a court, guilty plea, plea of nolo contendere, or finding of not guilty by reason of insanity or mental disease or defect. A finding of not guilty by reason of insanity or mental disease or defect is considered a conviction solely for purposes of this chapter insofar as such finding requires a person to provide a DNA sample;
(3) "Criminal justice agency," an agency or institution of a federal, state, or local government, other than the office of the public defender, which performs as part of its principal function, activities relating to the apprehension, investigation, prosecution, adjudication, incarceration, supervision, or rehabilitation of criminal offenders;
(4) "DNA," deoxyribonucleic acid;
(5) "DNA record," the DNA identification information stored in the State DNA Database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA analysis. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification analyses on an individual's DNA sample are also collectively referred to as the DNA profile of an individual;
(6) "DNA sample," a biological sample provided by any person with respect to offenses covered by this chapter or submitted to the South Dakota State Forensic Laboratory pursuant to this chapter for analysis or storage or both;
(7) "FBI," the Federal Bureau of Investigation;
(8) "Qualifying offense," any felony offense under the laws of this state, a crime of violence as defined in § 22-1-2 , or a violation of chapter 22-22.
Source: SL 2003, ch 133, § 1.
23-5A-2. Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.
There is hereby established under the administration of the South Dakota State Forensic Laboratory the State DNA Database and State DNA Databank. The South Dakota State Forensic Laboratory shall provide DNA records to the Federal Bureau of Investigation for the searching of DNA records nationwide and storage and maintenance by CODIS. The State DNA Databank shall serve as the repository for DNA samples obtained pursuant to this chapter. The State DNA Database shall be compatible with the procedures specified by the Federal Bureau of Investigation, including use of comparable test procedures, laboratory and computer equipment, supplies, and computer platform and software. The State DNA Database shall have the capability provided by computer software and procedures administered by the South Dakota State Forensic Laboratory to store and maintain DNA records related to:
(1) Crime scene evidence and forensic casework;
(2) Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this chapter;
(3) Unidentified persons or body parts;
(4) Relatives of missing persons; and
(5) Anonymous DNA profiles used for forensic validation, forensic protocol development, or quality control purposes or establishment of a population statistics database.
Source: SL 2003, ch 133, § 2.
23-5A-3. Duties of State Forensic Laboratory.
The South Dakota State Forensic Laboratory shall:
(1) Administer the State DNA Identification Record System to support law enforcement agencies and other criminal justice agencies;
(2) Promulgate rules, pursuant to chapter 1-26, regarding DNA evidence collection, storage, and transfer, and the dissemination of information relating to the DNA evidence;
(3) Provide for liaison with the FBI and other criminal justice agencies relating to the state's participation in CODIS and the National DNA Identification Index or in any DNA database designated by the South Dakota State Forensic Laboratory.
Source: SL 2003, ch 133, § 3.
23-5A-4. Persons required to provide DNA sample--Retroactivity of requirement.
Any person convicted or adjudicated delinquent for a qualifying offense on or after July 1, 2003, shall provide a DNA sample upon intake or as determined by the supervising agency. However, this requirement does not apply if the person's DNA sample is included in the State DNA Database. A person who has been convicted or adjudicated delinquent for a qualifying offense before July 1, 2003, and who is still incarcerated or under supervision as of July 1, 2003, shall provide a DNA sample as determined by the supervising agency or institution.
Source: SL 2003, ch 133, § 4; SL 2008, ch 114, § 2.
23-5A-5. Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.
Any person who is convicted or adjudicated delinquent for a qualifying offense on or after July 1, 2003, shall provide a DNA sample as follows:
(1) Any person who is sentenced or receives a delinquency disposition to a period of incarceration shall provide a DNA sample upon intake to a prison, jail, juvenile detention facility, mental health facility, or any other detention facility or institution. If the person is already confined at the time of sentencing or adjudication, the person shall provide a DNA sample immediately after the sentencing or adjudication;
(2) Any person who is convicted or adjudicated delinquent for a qualifying offense shall provide a DNA sample as a condition for any sentence or adjudication which disposition will not involve a period of incarceration. The agency supervising the person shall determine the time for collection of the DNA sample; and
(3) Under no circumstances may any person who is convicted or adjudicated delinquent for a qualifying offense be released in any manner after such disposition unless and until that person has provided a DNA sample.
Source: SL 2003, ch 133, § 5.
23-5A-5.1. Registered sex offenders required to provide DNA sample.
Any person who is required to register as a sex offender pursuant to §§ 22-24B-1 to 22-24B-14, inclusive, shall provide a DNA sample as required in this chapter.
Source: SL 2006, ch 123, § 11.
23-5A-5.2. Adult arrested for qualifying offense required to provide DNA sample.
Any person eighteen years of age or older who is arrested for a qualifying offense shall provide a DNA sample upon booking or as determined by the supervising agency. If it is determined that the person's DNA sample is included in the State DNA Database, no additional sample is required.
Source: SL 2008, ch 114, § 1.
23-5A-6. Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample.
Any person who has been convicted or adjudicated delinquent for a qualifying offense before July 1, 2003, and who is still serving a period of incarceration or is still under supervised release on July 1, 2003, shall provide a DNA sample as determined by the custodial institution or supervising agency and may not be released in any manner prior to the expiration of the person's maximum term of incarceration or supervised release unless and until that person has provided a DNA sample.
Source: SL 2003, ch 133, § 6.
23-5A-7. Interjurisdictional provisions to provide DNA sample.
If the state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in § 23-5A-1 if committed in this state, or if the person was convicted of an equivalent offense in any other jurisdiction. The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency.
Source: SL 2003, ch 133, § 7.
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.
The requirements of this chapter apply regardless of whether a court advises a person that a DNA sample must be provided to the State DNA Databank and Database as a condition of probation or parole. No person who has been sentenced to death or life without the possibility of parole, or to any life or indeterminate term of incarceration is exempt from the requirements of this chapter. Any person subject to this chapter, who has not provided a DNA sample for any reason, including the person's release prior to July 1, 2003, an oversight or error, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the State DNA Database after being notified by the South Dakota Division of Criminal Investigation. If a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.
Source: SL 2003, ch 133, § 8.
23-5A-9. Agencies or institutions may contract with third parties to collect samples.
The agency or institution having custody or control or the agency providing supervision of persons convicted or adjudicated delinquent for qualifying offenses, as appropriate, may contract with third parties to provide for the collection of the DNA samples described in §§ 23-5A-5, 23-5A-6, and 23-5A-7.
Source: SL 2003, ch 133, § 9.
23-5A-10. Fingerprints to be provided as identification of person.
A fingerprint or fingerprints shall be provided from a person convicted of, or adjudicated delinquent for, a qualifying offense for the purpose of verifying the identity of that person.
Source: SL 2003, ch 133, § 10.
23-5A-11. DNA samples to be forwarded to State Forensic Laboratory.
DNA samples collected pursuant to this chapter shall be forwarded to the South Dakota State Forensic Laboratory in accordance with procedures established by the South Dakota State Forensic Laboratory.
Source: SL 2003, ch 133, § 11.
23-5A-12. Immunity from liability of persons collecting DNA samples.
No person authorized to collect DNA samples may be held civilly or criminally liable for the collection of a DNA sample pursuant to this chapter if such person performs these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.
Source: SL 2003, ch 133, § 12.
23-5A-13. Reasonable force allowed in collection of DNA sample--Immunity from liability.
Duly authorized law enforcement and corrections personnel may employ reasonable force in cases if an individual refuses to provide a DNA sample required under this chapter. No such employee may be held civilly or criminally liable for the use of such reasonable force.
Source: SL 2003, ch 133, § 13.
23-5A-14. Refusal to supply sample a felony.
Any person who is subject to the requirements of this chapter, and who, after receiving notification of the requirement to provide a DNA sample, knowingly refuses to provide such DNA sample, is guilty of a Class 5 felony.
Source: SL 2003, ch 133, § 14.
23-5A-15. Mistaken collection or placement of sample does not invalidate sample's use in database.
The detention, arrest, or conviction of a person based upon a database match or database information is not invalidated if it is determined that the sample was obtained or placed in the database by mistake.
Source: SL 2003, ch 133, § 15.
23-5A-16. Promulgation of rules for collection, analysis, storage, etc..
The attorney general's office may promulgate rules pursuant to chapter 1-26, for the collection, submission, identification, analysis, storage, and disposition of the DNA samples and DNA records collected under this chapter. The DNA records shall be securely stored in the State DNA Database consistent with the procedures established by the FBI. These procedures shall also require compliance with national quality assurance standards to ensure that the DNA records satisfy standards for acceptance of such records into the national DNA identification index.
Source: SL 2003, ch 133, § 16.
23-5A-17. Permissible uses of DNA analyses.
The analyses to be performed on each DNA sample collected pursuant to this chapter shall be used only for law enforcement identification purposes, to assist in the recovery or identification of human remains or missing persons, or subject to the conditions of subdivision 23-5A-25(4). Analyses of DNA samples obtained pursuant to this chapter are not authorized for identification of any medical or genetic disorder.
Source: SL 2003, ch 133, § 17; SL 2010, ch 124, § 1.
23-5A-18. Uses of DNA samples remaining after analyses.
All or part of the remainder of the DNA sample stored in the State DNA Databank may be used only for forensic validation studies and forensic protocol development purposes and to create a statistical database provided that no personally identifying information is included or for retesting to validate or update the original analysis or for quality control purposes.
Source: SL 2003, ch 133, § 18.
23-5A-19. Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution.
The results of any analyses conducted pursuant to this chapter from a person adjudicated delinquent may be used for any law enforcement identification purpose, including adult prosecutions.
Source: SL 2003, ch 133, § 19.
23-5A-20. Revocation of license of public DNA laboratory.
The South Dakota State Forensic Laboratory may revoke the right of any public forensic DNA laboratory within the state to access and contribute DNA records to the State DNA Database if the required disclosure and quality assurance standards required by this chapter are not met.
Source: SL 2003, ch 133, § 20.
23-5A-21. Third party contractors--Subject to restrictions and requirements of this chapter.
The South Dakota State Forensic Laboratory may contract with third parties for the purposes of implementing this chapter. Any other party contracting to carry out the functions of this chapter is subject to the same restrictions and requirements of this chapter, insofar as applicable, as the South Dakota State Forensic Laboratory, as well as any additional restrictions imposed by the South Dakota State Laboratory.
Source: SL 2003, ch 133, § 21.
23-5A-22. Confidentiality of records--Disclosure prohibited.
Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory pursuant to this chapter is confidential and may not be disclosed to or shared with any person or agency unless disclosure is authorized by this chapter.
Source: SL 2003, ch 133, § 22.
23-5A-23. Records not public.
Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory pursuant to this chapter is confidential and is not a public record under chapter 1-27.
Source: SL 2003, ch 133, § 23.
23-5A-24. Discovery rules govern access to DNA records.
In the case of a criminal proceeding, requests to access a person's DNA record shall be in accordance with the rules for criminal discovery under Title 23A.
Source: SL 2003, ch 133, § 24.
23-5A-25. Release of record or sample for certain authorized purposes.
Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory may only be released for the following authorized purposes:
(1) For law enforcement identification purposes, including the identification of human remains, to federal, state, or local criminal justice agencies;
(2) For criminal defense and appeal purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged or was convicted;
(3) If personally identifiable information is removed, for forensic validation studies, forensic protocol development or quality control purposes and for establishment or maintenance of a population statistics database, to federal, state, or local forensic laboratories or law enforcement agencies; and
(4) If ordered by the court for determination of parentage and if there is no other available DNA sample and all other reasonable opportunities to locate a known sample have been exhausted.
Source: SL 2003, ch 133, § 25; SL 2010, ch 124, § 2.
23-5A-26. Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony.
Any person who knowingly or intentionally discloses any DNA record or the results of a forensic DNA analysis, to a person or agency other that one authorized to have access to such records under this chapter; or knowingly or intentionally uses or receives DNA records, or the results of a forensic DNA analysis, for purposes other than those authorized under this chapter; or knowingly or intentionally tampers or attempts to tamper with any DNA sample or the collection container without lawful authority, is guilty of a Class 5 felony.
Source: SL 2003, ch 133, § 26.
23-5A-27. Confidentiality of software and databases used by state laboratory.
The computer software and database structures used by the South Dakota State Forensic Laboratory to implement this chapter are confidential.
Source: SL 2003, ch 133, § 27.
23-5A-28. Request for expungement--Grounds.
Any person whose DNA record or DNA profile has been included in the State DNA Database in accordance with this chapter may request expungement on the grounds that the arrest that led to the inclusion of the person's DNA record or DNA profile has not resulted in a felony charge within one year; has been resolved by a dismissal, acquittal, or misdemeanor conviction; or has not resulted in a felony conviction; or the conviction or delinquency adjudication on which the authority for including that person's DNA record or DNA profile was based has been reversed and the case dismissed.
Source: SL 2003, ch 133, § 28; SL 2008, ch 114, § 3.
23-5A-29. Expungement of record--Receipt of court order--Exception.
Upon receipt of written request for expungement; certified copy of the final court order reversing and dismissing the conviction or delinquency adjudication; and any other information necessary to ascertain the validity of the request, the South Dakota State Forensic Laboratory shall expunge all DNA records and identifiable information in the database pertaining to the person and destroy the DNA sample from the person, unless the South Dakota State Forensic Laboratory determines that the person has otherwise become obligated to submit a DNA sample.
Source: SL 2003, ch 133, § 29.
23-5A-30. Expungement not required if certain other evidence would be destroyed.
The South Dakota State Forensic Laboratory is not required to destroy an item of physical evidence obtained from a sample if evidence relating to another person would thereby be destroyed.
Source: SL 2003, ch 133, § 30.
23-5A-31. Failure to expunge not grounds for invalidation.
Any identification, warrant, probable cause to arrest, or arrest based upon a database match is not invalidated due to a failure to expunge or a delay in expunging records.
Source: SL 2003, ch 133, § 31.
23-5A-32. Liberal construction of chapter--Other laws.
The provisions of this chapter shall be liberally construed and shall be held to in addition to, and not in substitution for or a limitation of, the provisions of any other law.
Source: SL 2003, ch 133, § 32.
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.
23-5B-1. Order upon motion for DNA testing of person convicted of felony--Requirements.
Upon a written motion by any person who has been convicted of a felony offense, the court that entered the judgment of conviction for the felony offense shall order DNA testing of specific evidence if the court finds that all of the following apply:
(1) The petitioner asserts, under penalty of perjury, that the petitioner is actually innocent of the felony offense for which the petitioner is under a sentence of imprisonment or death;
(2) The petitioner's conviction is final under chapter 23A-32;
(3) The petitioner has exhausted any claim for relief under chapter 21-27 or 28 U.S.C. § 2254;
(4) The specific evidence to be tested was secured in relation to the investigation or prosecution of the felony offense for which the petitioner was convicted;
(5) The specific evidence was either:
(a) Not previously subjected to DNA testing and the petitioner did not:
(i) Knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of this chapter; or
(ii) Knowingly fail to request DNA testing of that evidence in a prior petition for relief under chapter 21-27 or 28 U.S.C. § 2254; or
(b) Previously subjected to DNA testing and the petitioner is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing;
(6) The petitioner shows good cause for the failure to request DNA testing of the specific evidence at the time of trial;
(7) The specific evidence to be tested exists, is in the possession of the state, and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing;
(8) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;
(9) The petitioner identifies a theory of defense that:
(a) Is consistent with an affirmative defense presented at trial; or
(b) Would establish the actual innocence of the petitioner of the felony offense referenced in the petitioner's assertion under subdivision (1); and
(10) If the petitioner was convicted following a trial, the identity of the perpetrator was at issue in the trial.
Source: SL 2009, ch 120, § 1.
23-5B-2. Notice to attorney general and state's attorney of motion for testing--Response.
Upon the receipt of the petitioner's written motion filed under § 23-5B-1, the court shall:
(1) Notify the attorney general and the state's attorney who prosecuted the case resulting in the petitioner's conviction; and
(2) Allow the state twenty days from the receipt of notice to respond to the motion.
Source: SL 2009, ch 120, § 2.
23-5B-3. Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney.
The court may not appoint counsel for an indigent petitioner under this chapter. However, the court may refer requests for DNA testing to the Innocence Project in South Dakota or such volunteer attorney as the State Bar of South Dakota may designate.
Source: SL 2009, ch 120, § 3.
23-5B-4. Petitioner may retain counsel.
Nothing in this chapter precludes a petitioner from proceeding with privately retained counsel.
Source: SL 2009, ch 120, § 4.
23-5B-5. Preservation of evidence in state custody.
Upon receiving notice from the court that a written motion has been made, the attorney general or the state's attorney who prosecuted the case, shall take all reasonable actions necessary to ensure that all evidence which was collected in connection with the investigation or prosecution of the case, and which remains in the actual or constructive custody of the state or any of its political subdivisions, is preserved pending completion of the proceedings under this chapter.
Source: SL 2009, ch 120, § 5.
23-5B-6. Testing laboratory.
The court shall direct that any DNA testing ordered pursuant to § 23-5B-1 be carried out by the South Dakota Division of Criminal Investigation. However, the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results.
Source: SL 2009, ch 120, § 6.
23-5B-7. Testing by agreement.
Nothing in this chapter prohibits a convicted person and the state from consenting to and conducting post-conviction DNA testing by agreement of the parties, without filing a motion for post-conviction DNA testing pursuant to this chapter.
Source: SL 2009, ch 120, § 7.
23-5B-8. Disclosure of test results.
The results of any DNA testing ordered pursuant to § 23-5B-1 shall be disclosed to the court, the petitioner, and the state.
Source: SL 2009, ch 120, § 8.
23-5B-9. Submission of test results to State DNA Database.
The state shall submit any test results relating to the DNA of the petitioner to the State DNA Database.
Source: SL 2009, ch 120, § 9.
23-5B-10. Inconclusive test results or match between DNA sample and DNA evidence.
If the DNA test results obtained pursuant to this chapter are inconclusive or show that the petitioner was the source of the DNA evidence, the DNA sample of the petitioner shall be retained in the State DNA Database.
Source: SL 2009, ch 120, § 10.
23-5B-11. Match between DNA sample and other offense.
If the DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, and a comparison of the DNA sample of the petitioner results in a match between the DNA sample of the petitioner and another offense, the attorney general shall notify the appropriate agency and preserve the DNA sample of the petitioner.
Source: SL 2009, ch 120, § 11.
23-5B-12. Denial of relief upon inconclusive test results.
If DNA test results obtained pursuant to this chapter are inconclusive, the circuit court shall deny the petitioner relief.
Source: SL 2009, ch 120, § 12.
23-5B-13. Effect of match between DNA sample and DNA evidence.
If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall:
(1) Deny the petitioner relief; and
(2) On motion of the state:
(a) Assess the petitioner the cost of any DNA testing carried out pursuant to this chapter; and
(b) Order that the finding be forwarded to the South Dakota Board of Pardons and Paroles so that the board may consider the finding in reviewing any subsequent parole application submitted by the petitioner.
Source: SL 2009, ch 120, § 13.
23-5B-14. Sentencing in prosecution for false assertions.
In any prosecution of the petitioner pursuant to this chapter for false assertions or other conduct in proceedings pursuant to this chapter, the court, upon conviction of the petitioner, shall sentence the petitioner to a sentence that runs consecutively to any other term of imprisonment the petitioner is serving.
Source: SL 2009, ch 120, § 14.
23-5B-15. Motion for new trial where testing excludes petitioner as source of DNA evidence.
If DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file such motion for a new trial and for the state to respond to the motion for a new trial.
Source: SL 2009, ch 120, § 15.
23-5B-16. Grounds for new trial.
The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in § 23-5B-1, for which the petitioner is under a sentence of imprisonment.
Source: SL 2009, ch 120, § 16.
23-5B-17. Habeas corpus.
Nothing in this chapter provides a basis for relief in any state or federal habeas corpus proceeding.
Source: SL 2009, ch 120, § 17.
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.
23-5C-1. Definitions.
Terms used in this chapter mean:
(1) "Accredited laboratory," a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests;
(2) "DNA," deoxyribonucleic acid;
(3) "DNA record," the DNA identification information stored in the state DNA database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA analysis. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification analyses on an individual's DNA sample are also collectively referred to as the DNA profile of an individual;
(4) "Health care facility," any institution, sanitarium, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured; and
(5) "Sexual assault kit," a set of swabs, slides, envelopes, instructions, and forms specifically designed to collect and preserve physical evidence that can be used in a criminal sexual assault investigation.
Source: SL 2016, ch 130, § 1.
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.
A health care facility examining or treating a victim of rape or sexual assault shall give the victim, or a victim or witness assistant, the option of reporting the rape or sexual assault to an appropriate law enforcement agency. A health care facility may not require the victim to report the rape or sexual assault in order to receive an examination or treatment for the rape or sexual assault.
A minor age sixteen or older may consent to a sexual assault kit. This consent is not subject to disaffirmance because of minority or disaffirmance of a parent or guardian, and consent of a parent or guardian is not required under this section. A minor's refusal to consent has no impact on any applicable mandatory reporting obligation in law.
A health care facility that examines or treats a victim of rape or sexual assault with a sexual assault kit shall release the sexual assault kit to the investigating law enforcement agency, if known, or the law enforcement agency of the jurisdiction where the examination or treatment occurs in accordance with § 23-5C-3. The health care facility shall inform the victim that the sexual assault kit will be preserved by law enforcement for a period of at least seven years from the date of the examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. Any examination or treatment under this section shall include the preservation of confidentiality of any test, procedure, or sample that may serve as evidence in the prosecution for the rape or sexual assault.
Source: SL 2016, ch 130, § 2; SL 2019, ch 112, § 1; SL 2020, ch 92, § 1; SL 2022, ch 68, § 1.
23-5C-3. Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected.
A health care facility shall assign a code number to a sexual assault kit, and provide the code number to the victim as well as information identifying the law enforcement agency where the kit will be stored. The health care facility shall maintain the code record for at least seven years from the date the health care facility examined or treated the victim or until the victim reaches the age of twenty-five, whichever is later. The health care facility may not affix to the sexual assault kit any information of the victim's identity other than the code number under this section. The law enforcement agency to which the health care facility releases the sexual assault kit under § 23-5C-2 shall retrieve the sexual assault kit, containing no identifying information of the victim other than the code number affixed by the health care facility, within seventy-two hours following the date on which the sexual assault kit is assigned a code number under this section. The health care facility shall coordinate the transfer of the sexual assault kit to the law enforcement agency in a manner designed to protect the victim's confidentiality and preserve the evidentiary integrity of the sexual assault kit. A law enforcement agency in possession of a sexual assault kit shall preserve the kit for at least seven years from the date of examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. If a victim, or a victim or witness assistant, exercises the option of reporting the rape or sexual assault to a law enforcement agency, the code number under this section shall be provided by the victim to the law enforcement agency where the kit is being stored and used to identify the appropriate sexual assault kit.
The confidentiality requirements under this section do not impact any applicable mandatory reporting obligation in law associated with abused or neglected minors.
Source: SL 2016, ch 130, § 3; SL 2019, ch 112, § 2; SL 2020, ch 92, § 2; SL 2022, ch 68, § 2.
23-5C-4. Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.
For any rape or sexual assault that is reported by a victim under § 23-5C-2, the law enforcement agency that receives a sexual assault kit from the health care facility in accordance with §§ 23-5C-2 and 23-5C-3 shall submit the evidence to the Division of Criminal Investigation or another accredited laboratory for analysis no more than fourteen days following the agency's receipt of the sexual assault kit. Any sexual assault kit that is submitted to the Division of Criminal Investigation or another accredited laboratory shall be analyzed within ninety days.
Any DNA record for a sexual assault kit analyzed under this section shall be uploaded into a database specified by the Division of Criminal Investigation. Any failure to comply with this chapter does not constitute grounds for challenging the validity of a DNA database match or of any database information in a criminal proceeding. A DNA record may not be excluded as evidence by a court solely on the grounds of failure to comply with this chapter.
Source: SL 2016, ch 130, § 4; SL 2019, ch 112, § 3.
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.
23-6-1. Bureau of Criminal Statistics--Establishment in Office of Attorney General.
There is hereby established, in the Office of the Attorney General a Bureau of Criminal Statistics, hereinafter called the bureau.
Source: SL 1939, ch 138, § 1; SDC Supp 1960, § 55.15A01.
23-6-2. Attorney general as director of bureau--Seal--No salary.
The bureau shall function through a director. The attorney general shall, by virtue of his office, be the director. The director shall have a seal of office in such form as he shall prescribe. The attorney general shall not receive a salary as such director.
Source: SL 1939, ch 138, § 2; SDC Supp 1960, § 55.15A02.
23-6-3. Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation.
The attorney general shall assign for the work of the bureau such deputies and clerical assistants in his department as he may from time to time find necessary. The compensation of the clerical assistants assigned to the bureau and all other expenses of the bureau shall be paid out of the appropriation for the department of the attorney general when approved by him.
Source: SL 1939, ch 138, § 2; SDC Supp 1960, § 55.15A02.
23-6-4. Statistical information--Compilation by director--Misdemeanor.
The director shall collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey of the number and character of crimes committed in the state, the extent and character of delinquency, the operations of the police, prosecuting attorneys, courts and other public agencies of criminal justice, and the operations of penal and reformatory institutions, probation, parole, and other public agencies concerned with the punishment or treatment of criminal offenders. He shall include such information as may be useful in the study of crime and delinquency and the causes thereof, for the administration of criminal justice, and for the apprehension, punishment and treatment of criminal offenders. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 3, 15; SDC Supp 1960, §§ 55.15A03, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-5. Information as to particular offenders--Gathering by director--Misdemeanor.
The director shall also gather such information concerning particular criminal offenders as in his judgment may be helpful to other public officials or agencies dealing with them. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 3, 15; SDC Supp 1960, §§ 55.15A03, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-6. Classification of crimes and offenders--Promulgation by director--Misdemeanor.
The director shall promulgate classifications and shall prepare forms for the statistical classification of crimes, of offenders, of their punishment and treatment and of all other pertinent information, to conform, as far as practicable, with those promulgated by the appropriate agency in the United States Department of Justice, and by the Federal Bureau of the Census. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 4, 15; SDC Supp 1960, §§ 55.15A04, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-7. Authority of director to enter prisons and penal institutions--Misdemeanor.
The director, or any person deputized by the director, upon exhibiting specific written authorization by the director, is empowered to enter any prison, jail, penal, or reformatory institution in this state, and to take or cause to be taken fingerprints or photographs, or both, and to make investigation relative to any person, confined therein, who has been accused or convicted of a crime, for the purpose of obtaining information which may lead to the identification of criminals. The officials in charge of all such institutions are hereby required to render the director, and all persons so deputized by him, the needed assistance to that end. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 8, 15; SDC Supp 1960, §§ 55.15A08, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-8. Information received by bureau--Filing by director--Form and classification of records, preservation.
The director shall file, or cause to be filed, all information received by the bureau and shall make, or cause to be made, a complete and systematic record and index thereof, to provide a convenient method of reference and consultation. As far as practicable all such records shall coincide in form and classification with those of the appropriate agency in the United States Department of Justice, and with those of similar bureaus in other states, in order to permit easy interchange of information and records. Information and records received by the bureau may not be destroyed except as provided by § 23-6-8.1.
Source: SL 1939, ch 138, §§ 9, 15; SDC Supp 1960, §§ 55.15A09, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2; SL 1979, ch 158, § 6.
23-6-8.1. Destruction of records of certain persons, incidents, and offenses.
The director of the Bureau of Criminal Statistics may authorize the destruction of information and records of:
(1) Persons who are dead;
(2) Persons seventy-five years of age or older unless a violation has occurred within the last ten years;
(3) Incidents that are no longer considered crimes under the laws of the State of South Dakota;
(4) Misdemeanor offenses whose final date of disposition occurred at least ten years prior to authorized destruction date.
Source: SL 1979, ch 158, § 7; SL 1984, ch 176.
23-6-9. Copy of available information--Furnishing to law enforcement agencies--Misdemeanor.
Upon request therefor and payment of the reasonable cost, the director shall furnish a copy of all available information and of records pertaining to the identification and history of any person or persons of whom the bureau has a record, to any similar governmental bureau, sheriff, chief of police, prosecuting attorney, attorney general, or any officer of similar rank and description of the federal government, or of any state or territory of the United States or of any insular possession thereof, or of the District of Columbia, or of any foreign country, or to the judge of any court, before whom such person is being prosecuted, or has been tried and convicted, or by whom such person may have been paroled. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 10, 15; SDC Supp 1960, §§ 55.15A10, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-10. Reports by director--Contents--Distribution--Misdemeanor.
Annually, and at such other times as he may determine, the director shall prepare and publish reports reflecting the crime situation in this state, the operation of public agencies engaged in the administration of criminal justice and in the conduct of the punishment or treatment of criminals. The director shall point out what he considers to be significant features regarding crime, the administration of criminal justice and the punishment or treatment of criminals, and may recommend such measures as he may consider desirable or constructive with reference thereto. Upon request therefor and payment of the reasonable cost, the director shall furnish copies of such reports to officers of the United States, and to any public police, prosecution, judicial, punishment, or treatment official or agency of this or any other state, or territory, or country. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 12, 15; SDC Supp 1960, §§ 55.15A12, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-11. Access of director to public records--Misdemeanor.
Every person having custody or charge of public or official records or documents, from which information is sought for the purposes of this chapter, shall grant to the director, or to any person deputized by him, access thereto, for the purpose of obtaining such information. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 7, 15; SDC Supp 1960, §§ 55.15A07, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-12. Cooperation of bureau with federal government and other states--Development of international system of criminal identification--Misdemeanor.
The bureau shall cooperate with the appropriate agency of the federal government and with similar agencies in other states, territories, and countries, toward the end of developing and carrying on a complete and uniform interstate, national, and international system of criminal identification. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 11, 15; SDC Supp 1960, §§ 55.15A11, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-14. Access to files and records of bureau.
The Governor, and persons specifically authorized by the director, shall have access to the files and records of the bureau. No such file or record of information shall be given out or made public except as provided in this chapter, or except by order of court, or except as may be necessary in connection with any criminal investigation in the judgment of the Governor or director, for the apprehension, identification or trial of a person, or persons, accused of crime, or for the identification of deceased persons, or for the identification of property.
Source: SL 1939, ch 138, § 14; SDC Supp 1960, § 55.15A14.
23-6-15. Acceptance of rewards by director or employees prohibited.
No rewards for the apprehension or conviction of any person or for the recovery of any property may be accepted by the director, or by any employee of the bureau, but any such reward, if paid to the director or an employee of the bureau shall be paid into the state treasury and credited to the general fund of the state.
Source: SL 1939, ch 138, § 16; SDC Supp 1960, § 55.15A15.
23-6-16. Officials dealing with persons charged with crime--Reports required by director--Misdemeanor.
It shall be the duty of the clerk of every court, of the chief or head of every police department, or other police agency, of every sheriff and constable, of every prosecuting attorney, of every probation or parole officer, and of the head of every department or institution, state, county, or local, which deals with criminals, or persons charged with crime, and it shall be the duty of every other official who, by reason of his office, is qualified to furnish information and reports, to prepare and send in writing to the director quarterly, semiannually, or annually, as the director may designate all reports and information requested by the director, to enable him to perform the duties provided in this chapter; but nothing herein shall preclude the gathering, by any public official, of information in addition to that required by the director. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 5, 15; SDC Supp 1960, §§ 55.15A05, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-17. Coroners--Transmission of information required by director--Misdemeanor.
It shall be the duty of all coroners to transmit promptly to the director reports and information, as required by the director, regarding autopsies performed and inquests conducted, together with the verdict of the coroner's jury. A violation of this section is a Class 2 misdemeanor.
Source: SL 1939, ch 138, §§ 6, 15; SDC Supp 1960, §§ 55.15A06, 55.9933; SDCL, § 23-6-18; SL 1978, ch 169, § 2.
23-6-19. Uniformity of interpretation of chapter.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source: SL 1939, ch 138, § 17; SDC Supp 1960, § 55.15A16.
23-6-20. Citation of chapter.
This chapter may be cited as the Uniform Criminal Statistics Act.
Source: SL 1939, ch 138, § 19; SDC Supp 1960, § 55.15A17.
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.
23-7-1. Definitions applicable to chapter.
Terms used in this chapter, unless the context otherwise requires, mean:
(1) "Antique firearm," a firearm as defined in subdivision § 22-1-2(4);
(2) "Concealed," a firearm as defined in subdivision § 22-1-2(6);
(3) "Crime of violence," an action as defined in subdivision § 22-1-2(9);
(4) "Pistol," a firearm as defined in subdivision § 22-1-2(32);
(5) "Seller," a person as defined in subdivision § 22-1-2(44).
Source: SDC 1939, §§ 21.0101, 21.0201; SL 1963, ch 131; SL 1972, ch 144, § 1; SL 1976, ch 158, § 43-1; SL 1978, ch 169, § 10; SL 1984, ch 177, § 1; SL 1985, ch 190, § 7.
23-7-1.1. Antique or nondischargeable firearms excepted.
This chapter shall not apply to antique firearms or to firearms which have been permanently altered so they are incapable of being discharged.
Source: SL 1979, ch 150, § 40.
23-7-7. Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited.
A permit to carry a concealed pistol must be issued to any applicant by the sheriff of the county in which the applicant resides. The permit must be valid throughout the state and must be issued pursuant to § 23-7-7.1. For purposes of verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a background investigation, including a computer check of available on-line records and a check utilizing the National Instant Criminal Background Check System. The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit.
Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 1; SL 1985, ch 190, § 8; SL 2002, ch 118, § 4; SL 2018, ch 140, § 1; SL 2019, ch 113, § 6; SL 2022, ch 69, § 2.
23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application if the person:
(1) Is eighteen years of age or older;
(2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
(3) Is not habitually in an intoxicated or drugged condition;
(4) Has no history of violence;
(5) Has not been found in the previous ten years to be a danger to others or a danger to self as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;
(6) Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
(7) Has had no violation of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
(8) Is a citizen or legal resident of the United States;
(9) Is not a fugitive from justice; and
(10) Is not otherwise prohibited by state law, 18 U.S.C. § 922(g) as amended to October 26, 2005, or 18 U.S.C. § 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.
A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
Source: SL 1985, ch 190, § 9; SL 1986, ch 190; SL 1989, ch 210, § 1; SL 1993, ch 182, § 2; SL 1995, ch 127; SL 2002, ch 118, § 5; SL 2009, ch 121, § 2; SL 2011, ch 123, § 1; SL 2018, ch 140, § 2; SL 2019, ch 113, § 7.
23-7-7.2. Authority issuing permit--Liability limitation.
An authority that issued a permit to carry a concealed pistol in accordance with this chapter is not liable to any person or a person's estate for any injury suffered, including wrongful death, or for any damages, because the authority issued the permit.
Source: SL 1989, ch 210, § 2; SL 2015, ch 137, § 8; SL 2019, ch 113, § 8; SL 2023, ch 76, § 1.
23-7-7.3. Reciprocity with other states--Conditions.
The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.
Source: SL 2002, ch 118, § 1.
23-7-7.5. Active duty military personnel and spouses.
Any person who is active duty military, or the spouse of a person who is active duty military, with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1(6).
Source: SL 2009, ch 121, § 3; SL 2015, ch 136, § 1.
23-7-7.6. Time requirement for INTERPOL check.
Notwithstanding the five day requirement provided in § 23-7-7.1, if the background investigation under § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of § 23-7-7.1.
Source: SL 2011, ch 123, § 2.
23-7-8. Application for permit, enhanced permit, or gold card permit to carry concealed pistol.
The application for a permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, country of citizenship, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. If the applicant is not a United States citizen, the application shall require any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for five years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for five years by the authority issuing the permit.
Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 2; SL 1985, ch 190, § 10; SL 2002, ch 117, § 1; SL 2002, ch 118, § 6; SL 2015, ch 137, § 9; SL 2016, ch 131, § 1; SL 2016, ch 132, § 1, eff. Jan. 1, 2017.
23-7-8.1. Form and contents of permit, enhanced permit, and gold card permit.
The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address, the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol shall clearly designate that the permit is enhanced and the gold card permit shall clearly designate that it is a gold card permit to carry a concealed pistol. Nothing in this section prevents any law enforcement officer, Department of Corrections employee, parole agent, security guard employed on the premises, or any other public official, with the written permission of the sheriff, from carrying a concealed weapon in the performance of that person's duties.
Source: SL 1985, ch 190, § 11; SL 1989, ch 210, § 3; SL 2009, ch 114, § 2; SL 2015, ch 137, § 10; SL 2016, ch 122, § 2; SL 2016, ch 132, § 2, eff. Jan. 1, 2017; SL 2019, ch 113, § 11.
23-7-8.2. Duration of permit.
The permit to carry a concealed pistol is valid for a period of five years from the date of issuance.
Source: SL 1985, ch 190, § 12; SL 1993, ch 182, § 1; SL 1994, ch 177, § 1; SL 1997, ch 141, § 1; SL 2013, ch 111, § 1; SL 2021, ch 104, § 1; SL 2022, ch 70, § 1.
23-7-8.3. Permit issued to specific person--Transfer prohibited.
A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.
Source: SL 1985, ch 190, § 13.
23-7-8.4. Revocation of permit--Procedure.
A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall immediately surrender the permit to the sheriff of the county in which he resides.
Source: SL 1985, ch 190, § 14.
23-7-8.6. List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol.
Source: SL 2005, ch 124, § 1; SL 2006, ch 133, § 2.
23-7-8.7. Application of firearm confidentiality provisions.
The provisions of § 23-7-8.6 do not apply to:
(1) Records of firearms that have been used in committing any crime;
(2) Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;
(3) Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;
(4) Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;
(5) Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;
(6) The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually; and
(7) The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by § 23-7-8.
Source: SL 2005, ch 124, § 2; SL 2009, ch 121, § 1.
23-7-8.8. Law enforcement officer not restricted in performance of official duty under specified circumstances.
The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do not restrict any law enforcement officer in the performance of any official duty if the law enforcement officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.
Source: SL 2005, ch 124, § 4.
23-7-8.9. Retention of data by law enforcement officer limited.
The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to information necessary to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol permit holders under § 23-7-68 is authorized.
Source: SL 2005, ch 124, § 5; SL 2016, ch 132, § 6, eff. Jan. 1, 2017.
23-7-8.10. Access restricted to application, record, or registry of holders of permits.
No state agency, political subdivision, official, agent, employee of any state agency or political subdivision, may knowingly release or permit access to any application, list, record or registry of applicants or holders of permits to carry a concealed pistol to any person except another law enforcement agency or the secretary of state.
Source: SL 2006, ch 133, § 1.
23-7-8.11. Renewal of regular permit to carry concealed pistol.
The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires. The holder must pass a background investigation, including a computer check of available online records and the National Instant Criminal Background Check, required under § 23-7-7 prior to the renewal of the permit.
Source: SL 2017, ch 102, § 1; SL 2018, ch 140, § 3; SL 2022, ch 70, § 2.
23-7-8.12. Renewal of regular concealed carry permit by deployed military service member.
If a South Dakota resident holds a regular concealed carry permit issued in accordance with § 23-7-7, and is a member of a state National Guard unit, the Armed Forces of the United States, or the Armed Forces Reserves of the United States, and the holder's permit expires during an active duty military assignment or deployment outside the holder's state of residence, the holder may request a renewal form application from the Office of the Secretary of State. The secretary shall prescribe the contents of the application form and any accompanying materials. The application shall be accompanied by documentation of the deployment, including dates and location of the deployment if available for disclosure; an affidavit signed by the holder's commanding officer or unit commander attesting to the identity of the holder and the fact the holder is unable to return to the state to renew; and a copy of a current, valid, government-issued identification card with a photograph of the holder. The secretary shall specify the contents of the affidavit. The holder shall mail the application, containing original signatures in ink, to the sheriff in the holder's county of residence. The sheriff shall conduct the background investigation, including a computer check of available online records and the National Instant Criminal Background Check required under § 23-7-7, within five days of receipt of the military application renewal form. The original signature of the applicant on the renewal form shall serve as the applicant's signature for the temporary permit.
Source: SL 2017, ch 101, § 1; SL 2018, ch 140, § 4.
23-7-8.13. Grace period for renewal of permit.
Upon the expiration of a permit to carry a concealed pistol that was issued pursuant to this chapter, the permit holder has a thirty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol.
Source: SL 2017, ch 103, § 1; SL 2019, ch 113, § 12; SL 2020, ch 96, § 1.
23-7-8.14. Grace period not applicable to certain permit holders.
The grace period provided in § 23-7-8.13 does not apply to any permit holder who committed a crime that would make it unlawful for the permit holder to own or possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied renewal upon application for a reason provided in § 23-7-7.1.
Source: SL 2017, ch 103, § 2.
23-7-9. Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
Any pistol that is delivered shall be securely wrapped and shall be unloaded. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, §§ 21.0109, 21.9901; SDCL § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 15; SL 2005, ch 122, § 1; SL 2009, ch 122, § 1; SL 2019, ch 113, § 13.
23-7-11. Regulation does not apply to sale of pistols at wholesale.
Sections 23-7-7 to 23-7-12, inclusive, do not apply to sales at wholesale.
Source: SDC 1939, § 21.0109; SL 1985, ch 190, § 17.
23-7-12. False information or false evidence of identity to secure pistol or permit as felony.
No person, in purchasing or otherwise securing delivery of a pistol or in applying for a permit to carry a concealed pistol, may give false information or offer false evidence of his identity. A violation of this section is a Class 6 felony.
Source: SDC 1939, §§ 21.0113, 21.9901; SDCL, § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 18.
23-7-18. Sale of pistol by retail dealer--Restrictions--Misdemeanor.
No pistol shall be sold in violation of any provisions of this chapter, nor shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, §§ 21.0111 (3), 21.9901; SDCL, § 23-7-24; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18.
23-7-43. New serial number engraved or stamped on firearm.
Upon application by an owner of a firearm, the director of the Division of Criminal Investigation shall engrave or stamp a new serial number on any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated.
Source: SL 1985, ch 190, § 1.
23-7-44. Possession of pistols by minors prohibited--Misdemeanor.
No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.
Source: SL 1994, ch 172, § 1.
23-7-45. Possession of pistols by minors--Exceptions to prohibitions.
The provisions of § 23-7-44 are not applicable to a minor and a criminal prosecution for possession of a pistol brought after transfer pursuant to chapter 26-11 is not applicable to a minor if the minor had the prior written consent of the minor's parent or guardian to possess the pistol, and:
(1) The minor was on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member;
(2) The minor was in the presence of a licensed or accredited gun safety instructor; or
(3) The pistol was being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.
Source: SL 1994, ch 172, § 2; SL 2020, ch 93, § 1.
23-7-46. Prohibited transfer of firearms and ammunition to juveniles--Felony.
No person may sell, transfer, give, loan, furnish, or deliver a firearm or firearm ammunition to any person under the age of eighteen years if such person knows or reasonably believes that the minor recipient of the transfer intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence as defined in subdivision 22-1-2(9). The affirmative defenses contained in chapter 23-7 do not apply to a prosecution under this section. A violation of this section is a Class 5 felony.
Source: SL 1994, ch 173.
23-7-47. Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to § 23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment.
Source: SL 2014, ch 113, § 2.
23-7-48. Attorney general's transmission of certain names to National Instant Criminal Background Check System.
The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of any person who is prohibited from possessing a firearm under 18 U.S.C. 922(g)(4) because the person was acquitted of a crime by reason of insanity pursuant to § 23A-26-5, the person was determined to be incompetent to stand trial pursuant to § 23A-10A-4, or the person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6).
Source: SL 2014, ch 113, § 3.
23-7-49. Petition for restoration of right to possess firearm.
A person who is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. The petitioner shall serve a copy of the petition for restoration on the state's attorney of the county in which the petition is filed. The state's attorney shall represent the state at the hearing on the petition.
Source: SL 2014, ch 113, § 4.
23-7-50. Hearing for restoration of right to possess firearm--Confidentiality of record--Order.
Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).
Source: SL 2014, ch 113, § 5.
23-7-51. Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.
If the court enters an order restoring the petitioner's right to possess a firearm, the state's attorney shall submit a copy of the order to the attorney general within seven working days after the order becomes final. The attorney general shall, within seven working days after receiving the order, report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C 922(g)(4).
Source: SL 2014, ch 113, § 6.
23-7-53. Enhanced permit to carry concealed pistol--Application.
An applicant must submit an application, to the sheriff of the county in which the applicant resides, for an optional enhanced permit to carry a concealed pistol. The application must include:
(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check;
(2) An authorization to run a fingerprint background check;
(3) If the sheriff takes the fingerprints, the sheriff shall secure the fingerprints at no additional charge to the applicant; and
(4) Proof that the applicant:
(a) Has successfully completed a qualifying handgun course as defined in § 23-7-58, within the preceding twelve months; or
(b) Is a current or former law enforcement officer and has, within the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a criminal background check, and the payment for the criminal background check to the Division of Criminal Investigation for processing.
Source: SL 2015, ch 137, § 1; SL 2016, ch 131, § 2; SL 2018, ch 141, § 1, eff. Mar. 9, 2018; SL 2020, ch 94, § 1; SL 2021, ch 104, § 2; SL 2022, ch 70, § 3.
23-7-54. Temporary enhanced permit to carry concealed pistol--Requirements--Records.
The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-53. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-53, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.
If the applicant submits an application pursuant to § 23-7-53, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county where the applicant submitted the application shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is enhanced.
Source: SL 2015, ch 137, § 2; SL 2016, ch 132, § 3, eff. Jan. 1, 2017.
23-7-54.1. Repealed.
Source: SL 2017, ch 104, § 3, eff. Mar. 10, 2017; SL 2020, ch 95, § 1, eff. Mar. 25, 2020; SL 2023, ch 77, § 1.
23-7-54.2. Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one years of age or older.
Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements of §§ 23-7-53 and 23-7-54 and any other specified requirements and qualifications and upon the approval from the sheriff of the county where the applicant submitted the application shall be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals eighteen to twenty years of age, inclusive.
Source: SL 2018, ch 141, § 2, eff. Mar. 9, 2018.
23-7-54.4. Request for unrestricted enhanced permit upon reaching age twenty-one.
A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.
Source: SL 2018, ch 141, § 4, eff. Mar. 9, 2018.
23-7-55. Duration of enhanced permit to carry concealed pistol--Identification required.
An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.
Source: SL 2015, ch 137, § 3.
23-7-56. Enhanced permit--Renewal--Requirements.
A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins twelve months before the permit expires and ends thirty days after the permit expires.
In order to renew an enhanced permit, a person shall:
(1) Pass a criminal background check consisting of a computer check of available online records and a check utilizing the National Instant Criminal Background Check System; and
(2) Present proof that:
(a) During the period for renewal, as set forth in this section, the person:
(i) Successfully completed the live fire component of a qualifying handgun course defined in § 23-7-58;
(ii) Received instruction regarding the use of force standards; and
(iii) Received instruction regarding relevant criminal statutory changes; or
(b) The person is a current or former law enforcement officer who, within the twelve-month period preceding the date of the expiration, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.
If a person fails to renew an enhanced permit to carry a concealed pistol during the period set forth in this section, the permit is deemed to be invalid. In order to obtain an enhanced permit thereafter, the person shall submit an application and meet all requirements set forth in § 23-7-53.
Source: SL 2015, ch 137, § 4; SL 2016, ch 131, § 3; SL 2017, ch 104, § 1, eff. Mar. 10, 2017; SL 2020, ch 96, § 2; SL 2021, ch 104, § 3; SL 2021, ch 105, § 1; SL 2022, ch 70, § 4; SL 2023, ch 74, § 1; SL 2024, ch 91, § 1.
23-7-57. References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.
Unless otherwise specified, the references, rights, and responsibilities in this chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol and a gold card permit to carry a concealed pistol.
Source: SL 2015, ch 137, § 5; SL 2016, ch 132, § 4, eff. Jan. 1, 2017.
23-7-58. Qualifying handgun course.
A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:
(1) South Dakota law relating to firearms and the use of force;
(2) The basic concepts of the safe and responsible use of handguns;
(3) Self-defense principles; and
(4) Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.
Source: SL 2015, ch 137, § 6.
23-7-59. Use of force course--Standards--Promulgation of rules—Liability limitation.
The Division of Criminal Investigation shall, at least once every six months, offer a course that is focused on the use of force, including applicable state laws, and open to National Rifle Association certified pistol instructors.
The Division of Criminal Investigation shall develop the use of force course and promulgate rules, pursuant to chapter 1-26, to:
(1) Establish course standards for instructors seeking the issuance of an initial certificate of completion;
(2) Establish course standards for instructors seeking the renewal of a certificate;
(3) Establish a course fee not to exceed one hundred fifty dollars; and
(4) Provide for implementation of the course.
The Division of Criminal Investigation is not liable to any person or the person's estate for any injury suffered, including wrongful death, or for any damages, because the division issued a certificate of completion under this section.
Source: SL 2015, ch 137, § 7; SL 2023, ch 75, § 1; SL 2023, ch 76, § 2.
23-7-59.1. Certified instructors--Actions of students--Liability limitation.
An instructor, certified in accordance with § 23-7-59, is not liable for any personal injury, wrongful death, or damages, resulting from the conduct, acts, or omissions of a current or former student handling a firearm, unless the instructor, during the course of providing instruction, engaged in gross negligence or willful or wanton misconduct.
Source: SL 2023, ch 76, § 3.
23-7-60. Gold card permit to carry concealed pistol--Application.
An applicant must submit an application, to the sheriff of the county in which the applicant resides, for a gold card permit to carry a concealed pistol. The application must include:
(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check; and
(2) An authorization to run a criminal background check.
The sheriff shall forward the copy of the applicant's fingerprints and the applicant's authorization for processing a criminal background check to the Division of Criminal Investigation for processing.
Source: SL 2016, ch 132, § 7, eff. Jan. 1, 2017; SL 2021, ch 104, § 4; SL 2022, ch 70, § 5.
23-7-61. Temporary gold card permit to carry concealed pistol--Requirements--Records.
The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-60. Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-60, the sheriff shall file the application with the secretary of state pursuant to § 23-7-8.
If the applicant submits an application pursuant to § 23-7-8, meets the requirements of § 23-7-7.1, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is a gold card permit.
Source: SL 2016, ch 132, § 8, eff. Jan. 1, 2017.
23-7-62. Gold card permit--Renewal--Requirements.
A person who holds a gold card permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins one hundred eighty days before the permit expires and ends thirty days after the permit expires.
In order to renew a gold card permit, a person must pass a criminal background check consisting of a computer check of available online records and a check utilizing the National Instant Criminal Background Check System.
Source: SL 2016, ch 132, § 9, eff. Jan. 1, 2017; SL 2017, ch 104, § 2, eff. Mar. 10, 2017; SL 2021, ch 104, § 5; SL 2022, ch 70, § 6; SL 2023, ch 74, § 2.
23-7-63. Duration of gold card permit to carry concealed pistol.
The gold card permit to carry a concealed pistol is valid for a period of five years from the date of issuance.
Source: SL 2016, ch 132, § 10, eff. Jan. 1, 2017.
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.
A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm.
Upon such occurrence, the permit holder shall immediately return the gold card or enhanced concealed pistol permit to the county sheriff of the permit holder's county of residence. If the permit has not been returned, upon learning that a permit holder is ineligible for a gold card or enhanced permit for any violent crime or for a crime punishable by more than one year of incarceration, the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit forthwith. For any other disqualifying offense set forth above the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit as soon as reasonably possible after being notified of the holders ineligibility. A gold card or enhanced permit holder whose permit has been secured by law enforcement under this section may petition the circuit court for the return of the gold card or enhanced permit if the permit holder believes the gold card or enhanced permit was unlawfully secured. Law enforcement may communicate with federally licensed firearms dealers relative to revoked gold card or enhanced permits.
Source: SL 2016, ch 132, § 11, eff. Jan. 1, 2017.
23-7-65. Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.
It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol permit.
Source: SL 2016, ch 132, § 12, eff. Jan. 1, 2017.
23-7-66. Surrender to court of revoked gold card or enhanced concealed pistol permits.
If any person is convicted of any offense which results in the automatic revocation of a gold card or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by the person convicted. The court shall forward all gold card and enhanced concealed pistol permits to the sheriff of the defendant's county of residence.
Source: SL 2016, ch 132, § 13, eff. Jan. 1, 2017.
23-7-67. Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor.
It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the person's county of residence, upon lawful demand, a gold card or enhanced permit to carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to the sheriff of the person's county of residence after lawful demand, the sheriff shall direct a law enforcement officer to secure its possession and return in compliance with § 23-7-64. The law enforcement officer shall receive ten dollars and fifty cents plus mileage at the rate set pursuant to § 3-9-1 to be paid by the violator. Failure to pay the fee and mileage is a Class 2 misdemeanor.
Source: SL 2016, ch 132, § 14, eff. Jan. 1, 2017; SL 2024, ch 20, § 11.
23-7-68. National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.
Law enforcement may periodically perform a National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders for the purposes of determining whether the permit holder remains eligible for the permit under § 23-7-7.1, 18 U.S.C. 922(g) as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.
Source: SL 2016, ch 132, § 15, eff. Jan. 1, 2017.
23-7-69. Notice to secretary of state of change of name or address--Issuance of new permit.
A person who has been issued a permit to carry a concealed pistol shall maintain current information on the permit by notifying the secretary of state in writing of a change in the person's name due to marriage or court order, or of a change in physical address. If the revised address is located within South Dakota, the secretary of state must provide a new permit to the person.
The county sheriff may issue a temporary permit or the secretary of state may issue an updated permit that reflects an address outside of South Dakota in the following instances:
(1) For a South Dakota resident who is active duty military personnel, or the spouse of a person who is active duty military, with a home of record in South Dakota; or
(2) For a South Dakota permit holder whose home is physically located in South Dakota but has an official postal address located within in a county in another state that shares a border with South Dakota.
Source: SL 2018, ch 141, § 5, eff. Mar. 9, 2018; SL 2022, ch 70, § 7.
23-7-70. Carrying concealed pistol in malt or alcoholic beverage establishment prohibited.
A person may not carry a concealed pistol in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages.
Source: SL 2019, ch 113, § 14.
23-7-71. Minors prohibited from carrying concealed pistol except with parent or guardian.
A person who is under the age of eighteen years of age may not carry a concealed pistol except in the presence of a parent or legal guardian.
Source: SL 2019, ch 113, § 15.
23-7-72. Concealed carry permit fees--Reimbursement to county.
The Office of the Secretary of State shall reimburse counties based on the number of concealed carry permits issued each year. The reimbursement amount is:
(1) Three dollars for an initial permit to carry a concealed pistol issued under § 23-7-8.2;
(2) Three dollars for renewal of a permit to carry a concealed pistol issued under § 23-7-8.11;
(3) Fifty dollars for an initial enhanced permit to carry a concealed pistol issued under § 23-7-53;
(4) Twenty-five dollars for renewal of an enhanced permit to carry a concealed pistol issued under § 23-7-56;
(5) Thirty dollars for an initial gold card permit to carry a concealed pistol issued under § 23-7-60; and
(6) Thirty dollars for renewal of a gold card permit to carry a concealed pistol issued under § 23-7-62.
The Office of the Secretary of State shall develop and provide to counties a form on which the counties may submit the number of permits issued each calendar year. The form must be submitted to the Office of the Secretary of State on or before January thirty-first. The Office of the Secretary of State shall reimburse the counties on or before March thirty-first. The reimbursements must be paid on vouchers approved by the secretary of state and paid on warrants drawn by the state auditor.
Only those permits issued on or after July 1, 2022, are eligible for reimbursement in accordance with this section.
Source: SL 2022, ch 70, § 8.
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.
23-13-1. Prevention of offenses by officers of justice--Methods.
Public offenses may be prevented by the intervention of the officers of justice:
(1) By requiring security to keep the peace;
(2) By forming a police in municipalities, and by requiring their attendance in exposed places;
(3) By suppressing riots.
Source: SDC 1939 & Supp 1960, § 34.0102; SL 1992, ch 60, § 2.
23-13-2. Prevention of offenses by officers of justice--Assistance by other persons.
When the officers of justice are authorized to act in the prevention of public offenses, other persons, who by their command act in their aid, are justified in so doing.
Source: SDC 1939 & Supp 1960, § 34.0102.
23-13-4. Enforcement of gambling laws--Duties of public officers.
It shall be the duty of all sheriffs, police officers, town marshals, constables, and other peace officers and the state's attorneys in each county and the deputies or assistants of any of them to cooperate in the enforcement of all the provisions of chapter 22-25.
Source: SDC 1939, § 24.0101.
23-13-5. Neglect of gambling investigation and enforcement--Investigation and prosecution by attorney general.
The attorney general shall have authority and it shall be his duty whenever any peace officer or state's attorney of any county has neglected the investigation and enforcement of chapter 22-25, to make the investigations and complaints and conduct the prosecutions the same as the state's attorney might do, and for such services there shall be paid into the state treasury by the county where the offense was committed the sum of fifty dollars for each case so prosecuted and such sum shall be deducted from the salary of the state's attorney neglecting such duty.
Source: SDC 1939, § 24.0101.
23-13-6. Neglect of gambling investigation and enforcement as petty offense.
Any public official referred to in §§ 23-13-4 and 23-13-5 who has knowledge sufficient to put an ordinary person on inquiry as to existence of any forms of gambling nuisance prohibited by this code and who fails thereafter diligently to secure and prepare the available evidence and to prosecute the violations found to exist, commits a petty offense.
Source: SDC 1939, § 24.9901; SL 1979, ch 150, § 29.
23-13-7. Transcription and filing of testimony taken by prosecuting attorney.
A prosecuting attorney may, whenever necessary in his investigations, have the testimony taken by him written out in questions and answers and filed with the papers in the case.
Source: SDC 1939 & Supp 1960, § 34.1505; SL 1978, ch 169, § 3.
23-13-10. Report to sheriff of gunshot wounds treated.
Any person treating any bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of any firearm, shall report such treatment to the sheriff of the county in which the wound is treated.
Source: SL 1967, ch 111, § 1; SL 1978, ch 169, § 4.
23-13-11. Oral report of gunshot wound as soon as possible.
The report shall be made orally as soon as possible by any available means, to the sheriff of the county in which the wound is examined, dressed, or otherwise treated.
Source: SL 1967, ch 111, § 2; SL 1978, ch 169, § 5.
23-13-12. Immunity from liability for report.
Any person making a report pursuant to §§ 23-13-10 and 23-13-11 shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed, and shall have the same immunity when participating in any judicial proceeding resulting from such report.
Source: SL 1967, ch 111, § 3; SL 1978, ch 169, § 6.
23-13-13. Claim of confidential relation privilege prohibited.
Any confidential relation privilege set forth in subdivisions 19-19-503(b) and 19-19-504(b) may not be claimed in any judicial proceeding relating to a report concerning an injury from a firearm made pursuant to §§ 23-13-10 and 23-13-11.
Source: SL 1967, ch 111, § 4; SL 1978, ch 169, § 7.
23-13-14. Failure to report bullet wound--Misdemeanor.
Any person described in § 23-13-10 who knowingly fails to make the reports required by §§ 23-13-10 and 23-13-11 is guilty of a Class 1 misdemeanor.
Source: SL 1967, ch 111, § 5; SL 1978, ch 169, § 8.
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.
23-14-1. Duty of coroner to inquire into cause of death.
The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means.
Source: SDC 1939 & Supp 1960, § 34.1001.
23-14-3. Summons of jury for coroner's inquest.
When the coroner has notice of the dead body of a person supposed to have died by unlawful means, found or being in his county, he shall issue a warrant to the sheriff of his county, requiring him to summon forthwith three electors having the qualifications of jurors of the county to appear before the coroner at a time and place named in the warrant. When the services of such sheriff cannot be conveniently procured, then the coroner may summon such electors from the bystanders, and any elector impaneled as juror shall be allowed the same fees as in cases before the circuit court.
Source: SDC 1939 & Supp 1960, § 34.1001; SL 1978, ch 171, § 2.
23-14-5. Bystander as juror--Juror failing to appear.
If any juror fails to appear, the coroner shall cause the proper number to be summoned and returned from the bystanders and immediately proceed to impanel them.
Source: SDC 1939 & Supp 1960, § 34.1004.
23-14-7. Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt.
The coroner may issue subpoenas for witnesses or records, returnable forthwith or at such time and place as the coroner shall direct, and witnesses shall be allowed the same fees as in cases before a magistrate. The coroner has the same authority as a magistrate to enforce the attendance of witnesses and to punish them and jurors for contempt in disobeying the process.
Source: SDC 1939 & Supp 1960, § 34.1008; SL 1974, ch 153, § 42; SL 1998, ch 145, § 1.
23-14-9. Physician summoned to make examination--Compensation.
In any such inquisition by a coroner, when he or the jury deem it requisite, he may summon one or more physicians or surgeons to make an examination, and shall allow in such case a reasonable compensation instead of witness fees.
Source: SDC 1939 & Supp 1960, § 34.1007.
23-14-9.1. Autopsy ordered by state's attorney, sheriff, or coroner.
If a state's attorney or a sheriff or a coroner has reason to believe that a deceased person may have died in his or her jurisdiction by unlawful means, the state's attorney, sheriff, or coroner may order and direct a physician or surgeon to perform an autopsy. If in the public interest, the county coroner may order an autopsy on those deaths falling within the county coroner's jurisdiction mentioned in subdivisions 23-14-18(1) to (5), inclusive.
Source: SL 1951, ch 188, § 1; SDC Supp 1960, § 34.1015; SL 1961, ch 184, § 1; SL 1967, ch 103, § 2; SDCL § 23-13-8; SL 1978, ch 171, § 11; SL 1985, ch 191, § 4; SL 2009, ch 123, § 1.
23-14-9.2. Autopsy fees--Coroner performing autopsy--County of residence to pay for autopsy.
A physician or surgeon appointed under § 23-14-9.1 shall receive a reasonable fee for his services to be ascertained and approved by the board of county commissioners and paid out of the general fund of the county. If the coroner is a physician or surgeon, he may personally perform such autopsy; and he shall receive a reasonable fee for his services to be ascertained and approved by the board of county commissioners and paid out of the general fund of the county. If the death or autopsy occurs in a county other than the decedents' county of residence, the county of residence shall reimburse the county where the autopsy occurred for the cost of the autopsy, provided that the county of residence either requested the autopsy or is the site where the accident or injury leading to the death occurred.
Source: SL 1951, ch 188, § 1; SDC Supp 1960, § 34.1015; SL 1961, ch 184, § 1; SL 1967, ch 103, § 2; SDCL, § 23-13-9; SL 1978, ch 171, § 13; SL 1987, ch 172.
23-14-10. Testimony in writing--Subscribing by witnesses.
The testimony shall be reduced to writing under the coroner's order, and be subscribed by the witnesses.
Source: SDC 1939 & Supp 1960, § 34.1009.
23-14-12. Inquest not made public until arrest directed.
If the inquisition find that a crime has been committed on the deceased, and name the person whom the jury believe committed it, the inquest shall not be made public until after the arrest directed in § 23-14-13.
Source: SDC 1939 & Supp 1960, § 34.1011.
23-14-13. Arrest of person charged--Coroner's warrant.
If the person charged is present the coroner may order his arrest by a law enforcement officer or any other person present, and shall then make a warrant requiring the law enforcement officer or other person to take him before a committing magistrate. If the person charged is not present, and the coroner believes he can be taken, the coroner may issue a warrant to the law enforcement officers of the county, requiring them to arrest the person and take him before a committing magistrate.
Source: SDC 1939 & Supp 1960, § 34.1012; SL 1978, ch 171, § 7.
23-14-14. Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint.
The warrant of a coroner in such case shall be of equal authority with that of a committing magistrate, and when the person charged is brought before the committing magistrate the same proceedings shall be had as in other cases started by a complaint, and he shall be dealt with in the usual form of criminal cases.
Source: SDC 1939 & Supp 1960, § 34.1013; SL 1978, ch 171, § 8.
23-14-15. Recitals in coroner's warrant--Foundation for commitment proceedings.
The warrant of the coroner shall recite substantially the transactions before him, and the verdict of the jury of inquest leading to the arrest, and such warrant shall be sufficient foundation for the proceedings of the committing magistrate instead of a complaint.
Source: SDC 1939 & Supp 1960, § 34.1013; SL 1978, ch 171, § 9.
23-14-16. Papers returned to circuit court.
The coroner shall then return to the circuit court the inquisition, the written evidence, and a list of the witnesses who testified to material matters.
Source: SDC 1939 & Supp 1960, § 34.1014.
23-14-17. Forms to be promulgated--Publication--Effect of forms.
The attorney general shall promulgate forms, pursuant to chapter 1-26, implementing this chapter. The code commission shall publish such forms as an appendix to this chapter when it publishes the pocket parts or revised volumes of the South Dakota Codified Laws. Such forms shall be illustrative and not mandatory.
Source: SL 1978, ch 171, § 14.
23-14-18. Deaths to be investigated by coroner.
The county coroner shall investigate any human death if a determination of the cause and manner of death is in the public interest. Nothing in the provisions of this section, § 23-14-9.1, 23-14-19, 23-14-20, 34-26-2, 34-26-5, or 34-26-14 supersedes the obligation of any county sheriff to pursue and apprehend all felons pursuant to § 7-12-1. Deaths which are in the public interest, without limitation, are:
(1) All deaths by unnatural means or if there is a suspicion of unnatural means, including all deaths of accidental, homicidal, suicidal, and undetermined manner, regardless of suspected criminal involvement in the death;
(2) All deaths where the identity of the victim is unknown or the body is unclaimed;
(3) All deaths of inmates of any state, county, or municipally operated correctional facility, mental institution, or special school;
(4) All deaths believed to represent a public health hazard;
(5) At the discretion of the coroner, all deaths of children under two years of age resulting from an unknown cause or if the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death; and
(6) All natural deaths if the decedent is not under the care of a physician, physician's assistant, or certified nurse practitioner or if the decedent's physician, physician's assistant, or certified nurse practitioner does not feel qualified to sign the death certificate. However, the lack of an attending physician may not be construed to require an investigation or autopsy solely because the decedent was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination.
Source: SL 1985, ch 191, § 1; SL 1990, ch 170, § 2; SL 1991, ch 198, § 1; SL 2017, ch 171, § 50.
23-14-18.1. Designation of special death investigators.
The secretary of health may designate physicians, physician's assistants, or certified nurse practitioners with competency in the field of forensic pathology as special death investigators.
Source: SL 1989, ch 204, § 1; SL 1991, ch 198, § 2; SL 2017, ch 171, § 50.
23-14-18.2. Jurisdiction and duties of special death investigators.
At the request of a county coroner having jurisdiction over a dead body, or at the request of a state's attorney in deaths which may have occurred by unlawful means, the special death investigator may directly assume jurisdiction over any dead body when determination of the cause and manner of death may be in the public interest, with the same duties and responsibilities as a county coroner. With the concurrence of the county coroner, a special death investigator may issue subpoenas for witnesses or records pertaining to deaths investigated pursuant to § 23-14-18.
Source: SL 1989, ch 204, § 2; SL 1998, ch 145, § 2.
23-14-18.3. Investigation of uncertified deaths.
The secretary of health may direct a special death investigator to investigate and certify deaths remaining uncertified for more than three months after the death occurred or was reported.
Source: SL 1989, ch 204, § 3.
23-14-18.4. Compensation of special death investigators.
The special death investigator shall be compensated only by the agency requesting his services on a direct fee-for-service basis.
Source: SL 1989, ch 204, § 4.
23-14-19. Joint custody of dead bodies and effects--Movement prohibited--Violation as misdemeanor.
As to any death, the cause and manner of which is in the public interest, the county coroner and law enforcement agency exercising investigative control over such death shall jointly take charge of and exercise complete control over all dead bodies and all effects affixed thereto to determine the physiological cause of death. The investigating law enforcement officers, including the state's attorney or attorney general shall have control over all other elements of evidence demonstrating a potential criminal circumstance of death. No dead body subject to control by the coroner having investigative control may be moved from the scene of death without the coroner's permission unless the body directly obstructs a public transportation right-of-way or poses an immediate health hazard. No dead body subject to coroner control under this section may be embalmed without the express authority of the investigating coroner. A violation of this section is a Class 2 misdemeanor.
Source: SL 1985, ch 191, § 2.
23-14-20. Certificate prepared by coroner.
The county coroner shall prepare a medical certificate in conformance with chapter 34-25 for all deaths over which he assumes jurisdiction.
Source: SL 1985, ch 191, § 3.
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.
23-24-1. Definition of terms.
Where appearing in this chapter, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state other than this state, and the term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
Source: SDC 1939, § 34.1701; SL 1953, ch 200, § 1.
23-24-2. Fugitives from other states--Governor to cause arrest and delivery.
Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
Source: SDC 1939, § 34.1702; SL 1953, ch 200, § 2.
23-24-3. Form of demand for extradition to another state.
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 23-24-7, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
Source: SDC 1939, § 34.1703; SL 1953, ch 200, § 3.
23-24-4. Investigation by Governor.
When a demand is made upon the Governor of this state by the executive authority of another state for the surrender of a person charged with a crime, the Governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
Source: SDC 1939, § 34.1704; SL 1953, ch 200, § 4; SL 2023, ch 3, § 30.
23-24-5. Agreement for return of fugitive to this state after trial or sentence in another state.
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
Source: SL 1953, ch 200, § 5; SDC Supp 1960, § 34.1705.
23-24-6. Fugitive from another state who departed therefrom involuntarily.
The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in §§ 23-24-29 to 23-24-32, inclusive, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
Source: SL 1953, ch 200, § 5; SDC Supp 1960, § 34.1705.
23-24-7. Fugitive from another state who was absent therefrom at the time of the commission of the crime.
The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in § 23-24-3 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Source: SDC 1939, § 34.1706; SL 1953, ch 200, § 6.
23-24-8. Governor's warrant of arrest--Issuance--Recitals.
If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, sealed with the state seal, and direct it to any peace officer or other person whom the Governor entrusts with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Source: SDC 1939, § 34.1707; SL 1953, ch 200, § 7; SL 2023, ch 3, § 31.
23-24-9. Manner and place of execution.
The Governor's warrant of arrest shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter to the duly authorized agent of the demanding state.
Source: SDC 1939, § 34.1708; SL 1953, ch 200, § 8.
23-24-10. Authority of arresting officer.
Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
Source: SDC 1939, § 34.1709; SL 1953, ch 200, § 9.
23-24-11. Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.
No person arrested on a Governor's warrant shall be delivered to the agent appointed to receive him until he has been first taken to a judge of the circuit court in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in intentional disobedience of this section is guilty of a Class 2 misdemeanor.
Source: SDC 1939, §§ 34.1710, 34.9907; SL 1953, ch 200, §§ 10, 11; SDC Supp 1960, § 34.9908; SL 1979, ch 150, § 30.
23-24-12. Application for habeas corpus to test legality of arrest.
If a prisoner taken before a judge pursuant to § 23-24-11 or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
Source: SDC 1939, § 34.1710; SL 1953, ch 200, § 10.
23-24-13. Confinement in jail when necessary.
The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or first or second class municipality through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
Source: SDC 1939, § 34.1711; SL 1953, ch 200, § 12; SL 1992, ch 60, § 2.
23-24-14. Taking prisoner from another state to demanding state through this state--Confinement in jail.
The officer or agent of a demanding state to whom a prisoner may have been delivered following the extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or first or second class municipality through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
Source: SL 1953, ch 200, § 12; SDC Supp 1960, § 34.1711; SL 1992, ch 60, § 2.
23-24-15. Arrest prior to requisition.
Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under § 23-24-7, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 23-24-7, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Source: SDC 1939, § 34.1712; SL 1953, ch 200, § 13.
23-24-16. Arrest without a warrant.
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or incarceration for a term one year or greater, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in § 23-24-15; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant.
Source: SDC 1939, § 34.1713; SL 1953, ch 200, § 14; SL 2015, ch 138, § 1.
23-24-17. Commitment to await requisition.
If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 23-24-7, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in § 23-24-18, or until he shall be legally discharged.
Source: SDC 1939, § 34.1714; SL 1953, ch 200, § 15.
23-24-18. Bail pending proceedings--Conditions of bond.
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state.
Source: SDC 1939, § 34.1715; SL 1953, ch 200, § 16.
23-24-19. Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail.
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his appearance and surrender as provided in § 23-24-18, but within a period not to exceed sixty days after the date of such new bond.
Source: SDC 1939, § 34.1716; SL 1953, ch 200, § 17.
23-24-20. Forfeiture of bail.
If a prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
Source: SDC 1939, § 34.1717; SL 1953, ch 200, § 18.
23-24-21. Persons under criminal prosecution in this state at time of requisition.
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor may either surrender the person on demand of the executive authority of another state, or hold the person until the person has been tried and discharged or convicted and punished in this state.
Source: SDC 1939, § 34.1718; SL 1953, ch 200, § 19; SL 2023, ch 3, § 32.
23-24-22. Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt.
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided by § 23-24-3 shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
Source: SDC 1939, § 34.1719; SL 1953, ch 200, § 20.
23-24-23. Governor may recall warrant or issue alias.
The Governor may recall the Governor's warrant of arrest or may issue another warrant whenever the Governor deems proper.
Source: SDC 1939, § 34.1720; SL 1953, ch 200, § 21; SL 2023, ch 3, § 33.
23-24-24. Written waiver of extradition proceedings.
Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in §§ 23-24-8 and 23-24-9 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 23-24-12.
Source: SL 1953, ch 200, § 25; SDC Supp 1960, § 34.1724.
23-24-25. Consent to return to demanding state--Execution--Filing--Effect.
If and when consent under § 23-24-24 has been duly executed it shall forthwith be forwarded to the Office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.
Source: SL 1953, ch 200, § 25; SDC Supp 1960, § 34.1724.
23-24-26. Voluntary return without formality.
Nothing in § 23-24-24 or 23-24-25 shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
Source: SL 1953, ch 200, § 25; SDC Supp 1960, § 34.1724.
23-24-27. Nonwaiver by this state.
Nothing in this chapter contained shall be deemed to constitute a waiver by this state of its right, power, or privilege to try such demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever.
Source: SL 1953, ch 200, § 26; SDC Supp 1960, § 34.1725.
23-24-28. Fugitives from this state--Governor to issue warrant.
Whenever the Governor of this state demands a person charged with a crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, the Governor shall issue a warrant under the seal of this state, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this state in which the offense was committed.
Source: SDC 1939, § 34.1721; SL 1953, ch 200, § 22; SL 2023, ch 3, § 34.
23-24-29. Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney.
When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
Source: SDC 1939, § 34.1722; SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (1).
23-24-30. Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents.
When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the Board of Pardons and Paroles, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement, or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
Source: SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (2).
23-24-31. Application for Governor's requisition--Verification--Accompanying documents.
An application under § 23-24-29 or 23-24-30 shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, Board of Pardons and Paroles, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he or it shall deem proper to be submitted with such application.
Source: SDC 1939, § 34.1722; SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (3).
23-24-32. Disposition of copies of application and accompanying documents.
One copy of the application described in § 23-24-31, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the Office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.
Source: SDC 1939, § 34.1722; SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (3).
23-24-33. Immunity from civil process.
A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
Source: SDC 1939, § 34.1724; SL 1953, ch 200, § 24; SDC Supp 1960, § 34.1723.
23-24-34. No immunity as to prosecution for other crimes.
After a person has been brought back to this state by, or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
Source: SDC 1939, § 34.1725; SL 1953, ch 200, § 27; SDC Supp 1960, § 34.1726.
23-24-35. Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined.
Any officer of this state who asks or receives any compensation, fee, or reward of any kind for any service rendered or expense incurred in procuring from the Governor of this state a demand on the executive authority of a state or territory of the United States, or on a foreign government, for the surrender of a fugitive from justice, or for any service rendered or expense incurred in procuring the surrender of such fugitive, for conveying him to this state, or for detaining him therein, except when requested by the Governor of this state, and on an account audited and paid out of the state treasury, is guilty of a Class 2 misdemeanor.
The term "officer" in this section means any executive or administrative officer of the State of South Dakota or any officer of any county, municipality, township, school district, district, board, bureau, commission, department, or other body or office, exercising executive or administrative powers as part of the government, or any arm of the government, of the State of South Dakota.
Source: SDC 1939, §§ 13.1101, 13.1113; SL 1979, ch 150, § 31; SL 1992, ch 60, § 2.
23-24-36. Custody and restraint of person in South Dakota by agent of foreign state.
Any peace officer or extradition agent of another state bringing any person within this state or transporting such person through the state under a warrant of arrest or extradition warrant issued in another state or the officer of any penal institution of another state conveying or transporting a prisoner of such institution into or through this state shall have the same authority as to the custody and restraint of such person while in the State of South Dakota as duly constituted peace officers of this state have in making an arrest under the process issued by the courts of this state or under the laws of this state.
Source: SL 1923, ch 187; SDC 1939 & Supp 1960, § 34.1625.
23-24-37. Uniformity of interpretation.
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
Source: SL 1953, ch 200, § 28; SDC Supp 1960, § 34.1727.
23-24-38. Severability of provisions.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source: SL 1953, ch 200, § 29; SDC Supp 1960, § 34.1728.
23-24-39. Citation of uniform provision.
Sections 23-24-1 to 23-24-34, inclusive, may be cited as the Uniform Criminal Extradition Act.
Source: SL 1953, ch 200, § 30; SDC Supp 1960, § 34.1729.
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.
23-24A-1. Findings, policy, and purpose of party states.
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
Source: SL 1972, ch 150, § 1.
23-24A-2. Definition of terms.
Terms as used in this agreement mean:
(1) "Appropriate court," with reference to the courts of this state, any court with criminal jurisdiction in the matter involved;
(2) "Detainer," any written instrument lodged by an appropriate prosecuting authority having a lawful basis therefor against a prisoner to make disposition of an extraditable offense upon his release from present custody;
(3) "Receiving state," the state in which trial is to be had on an indictment, information, or complaint pursuant to §§ 23-24A-3 to 23-24A-14, inclusive;
(4) "Sending state," a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to § 23-24A-3 or at the time that a request for custody or availability is initiated pursuant to § 23-24A-12;
(5) "State," a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the commonwealth of Puerto Rico.
Source: SL 1972, ch 150, § 2.
23-24A-3. Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance.
Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint: provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Source: SL 1972, ch 150, § 3.
23-24A-4. Prisoner to be informed of detainer and right to final disposition.
The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.
Source: SL 1972, ch 150, § 5.
23-24A-5. Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials.
The written notice and request for final disposition referred to in § 23-24A-3 shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
Source: SL 1972, ch 150, § 4.
23-24A-6. Certificate of custodial official to accompany prisoner's request for final disposition--Contents.
The request of the prisoner referred to in § 23-24A-3 shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
Source: SL 1972, ch 150, § 3.
23-24A-7. Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition.
The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this section shall be accompanied by copies of the prisoner's written notice, request, and the certificate.
Source: SL 1972, ch 150, § 6.
23-24A-8. Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.
Any request for final disposition made by a prisoner pursuant to § 23-24A-3 shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of § 23-24A-10, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this section shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
Source: SL 1972, ch 150, § 8.
23-24A-9. Escape voids request for final disposition.
Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in § 23-24A-3 shall void the request.
Source: SL 1972, ch 150, § 9.
23-24A-10. Request for disposition includes all untried accusations.
Any request for final disposition made by a prisoner pursuant to § 23-24A-3 shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed.
Source: SL 1972, ch 150, § 6.
23-24A-11. Dismissal of accusations not tried before return to place of imprisonment.
If trial is not had on any indictment, information, or complaint contemplated by § 23-24A-3 or 23-24A-10 prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Source: SL 1972, ch 150, § 7.
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.
The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending is entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with § 23-24A-17 upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated, provided that the court, having jurisdiction of such indictment, information, or complaint has duly approved, recorded, and transmitted the request, and provided that there is a period of thirty days after receipt by the appropriate authorities before the request is honored, during which period the Governor of the sending state may disapprove the request for temporary custody or availability, either upon the Governor's own motion or upon motion of the prisoner. The prisoner shall receive immediate notice of a request and shall be informed of his right to petition the Governor of the sending state to disapprove the request.
Source: SL 1972, ch 150, § 10; SL 2023, ch 3, § 35.
23-24A-13. Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state.
Upon receipt of the officer's written request as provided in § 23-24A-12, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
Source: SL 1972, ch 150, § 11.
23-24A-14. Time for trial after return to requesting state--Continuance.
In respect of any proceeding made possible by §§ 23-24A-12 and 23-24A-13, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
Source: SL 1972, ch 150, § 12.
23-24A-15. Tolling of time periods for trial.
In determining the duration and expiration dates of the time periods provided in §§ 23-24A-3 and 23-24A-14, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
Source: SL 1972, ch 150, § 23.
23-24A-16. Right of prisoner to contest legality of delivery.
Nothing contained in § 23-24A-12, 23-24A-13, or 23-24A-14 shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in § 23-24A-12, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
Source: SL 1972, ch 150, § 13.
23-24A-17. Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner.
In response to a request made under § 23-24A-3 or 23-24A-12, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in § 23-24A-3. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.
Source: SL 1972, ch 150, § 15.
23-24A-18. Documents required of officer accepting temporary custody.
The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
Source: SL 1972, ch 150, § 16.
23-24A-19. Duty of custodial officer to give over person of inmate.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
Source: SL 1972, ch 150, § 31.
23-24A-20. Limitation on purpose of temporary custody--Type of jail used for prisoner.
The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for this attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
Source: SL 1972, ch 150, § 18.
23-24A-21. Escape while in another state.
Escape from custody while in another state pursuant to the agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent to another state pursuant to the provisions of the agreement on detainers and shall be punishable in the same manner as an escape from said institution.
Source: SL 1972, ch 150, § 30.
23-24A-22. Dismissal of accusation on failure to accept custody or try case--Detainer void.
If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in § 23-24A-3 or 23-24A-14, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
Source: SL 1972, ch 150, § 17.
23-24A-23. Running of sentence during temporary custody--Good time earned.
During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
Source: SL 1972, ch 150, § 20.
23-24A-24. Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody.
For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
Source: SL 1972, ch 150, § 21.
23-24A-25. Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered.
From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this section shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
Source: SL 1972, ch 150, § 22.
23-24A-26. Dismissal of accusation not tried before return to imprisonment.
If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to § 23-24A-27, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Source: SL 1972, ch 150, § 14.
23-24A-27. Return of prisoner to sending state.
At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.
Source: SL 1972, ch 150, § 19.
23-24A-28. Mentally ill persons not covered.
No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
Source: SL 1972, ch 150, § 24.
23-24A-29. Habitual offenders law not covered.
Nothing in this chapter or in the agreement on detainers shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
Source: SL 1972, ch 150, § 29.
23-24A-30. Designation of officer in party states to implement agreement.
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Source: SL 1972, ch 150, § 25.
23-24A-31. Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law.
The attorney general shall serve as central administrator or information agent for the agreement on detainers. In promulgating rules and regulations under § 23-24A-30, the attorney general shall do so pursuant to chapter 1-26.
Source: SL 1972, ch 150, § 32.
23-24A-32. Enforcement and cooperation by state agencies and political subdivisions.
All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Source: SL 1972, ch 150, § 28.
23-24A-33. Agreement in force on enactment into law--Withdrawal by party state.
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
Source: SL 1972, ch 150, § 26.
23-24A-34. Liberal construction of agreement--Severability of provisions.
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party 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 this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Source: SL 1972, ch 150, § 27.
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.
23-24B-1. Extradition to tribe of Indian fugitive found within state's jurisdiction.
If any Indian charged with an offense by an Indian tribe is a fugitive from justice from such tribe and is found within the jurisdiction of this state, he may be extradited to the tribe from which he fled, pursuant to the provisions of this chapter.
Source: SL 1976, ch 162, § 1; SL 1978, ch 172, § 1.
23-24B-3. Written request required--Contents--Copy of arrest warrant and judgment--Sworn statement from reservation judicial officer.
A demand for extradition of a person charged with an offense by an Indian tribe in this state may be recognized by this state if a written request for extradition is received by the attorney general. The request shall state that the accused person was present on the demanding reservation at the time of the commission of the alleged crime and that thereafter the person fled from the reservation to avoid prosecution. The request shall be accompanied by:
(1) A copy of any arrest warrant issued for the person;
(2) A copy of any judgment of conviction or sentence imposed, if applicable; and
(3) A sworn statement from a reservation judicial officer that the person:
(a) Claimed has escaped or evaded confinement, or broken the terms of the person's probation, bail, or parole; and
(b) Has been charged with committing a specific offense under the laws of the tribe.
Source: SL 1976, ch 162, § 3; SL 1978, ch 172, § 2; SL 2018, ch 142, § 2.
23-24B-3.1. Extradition or prosecution of state charges against fugitive Indian.
If a criminal prosecution has been instituted under the laws of this state against a person demanded by a tribe for extradition, and the prosecution is still pending, the attorney general, in his discretion, may either commence extradition proceedings on tribal demand or hold him until he has been tried and discharged or convicted and punished in this state.
Source: SL 1978, ch 172, § 9.
23-24B-3.2. Submission of documents to circuit judge--Warrant of arrest.
The attorney general shall submit the documents specified in § 23-24B-3 to any circuit court judge. If the judge decides that the extradition demand should be complied with, he shall issue a warrant of arrest directed to any law enforcement officer.
Source: SL 1978, ch 172, § 3.
23-24B-4. Proceedings conducted between circuit judge and tribal judge or magistrate.
Extradition proceedings under this chapter shall be conducted between the respective state circuit court presiding judge and Indian tribal court judge or magistrate involved in the request for extradition.
Source: SL 1976, ch 162, § 5.
23-24B-4.1. Investigation and report to judge by attorney general.
The circuit court judge may call upon the attorney general to investigate the demand for extradition and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
Source: SL 1978, ch 172, § 4.
23-24B-4.2. Scope of circuit judge's inquiry.
The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime.
Source: SL 1978, ch 172, § 10.
23-24B-5. Governor's participation not required.
The formal requirements of chapter 23-24, relating to the Governor of the State of South Dakota, shall not apply to extradition proceedings under this chapter.
Source: SL 1976, ch 162, § 6.
23-24B-5.1. Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor.
No person arrested on the judge's warrant shall be delivered to an agent appointed by the demanding tribe to receive him until he is first taken before a committing magistrate in this state, who shall inform him of the demand for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. Any person violating this section is guilty of a Class 1 misdemeanor.
Source: SL 1978, ch 172, § 5.
23-24B-6. Habeas corpus provisions applicable.
The provisions of § 23-24-12 shall apply to all extradition requests made under this chapter for return of an Indian to an Indian tribal court.
Source: SL 1976, ch 162, § 4; SL 1978, ch 172, § 6.
23-24B-7. Waiver of extradition--Advice as to rights.
Formal extradition proceedings under this chapter may be waived if the person making the waiver, knowingly, and in the presence of a committing magistrate, signs a statement that he consents to his return to the demanding authority. However, before such waiver may be executed, the committing magistrate shall inform the person of his rights and shall inform him of the procedures available under § 23-24-12.
Source: SL 1976, ch 162, § 7; SL 1978, ch 172, § 7.
23-24B-8. Temporary detention of fugitive being transported--Expense.
The law enforcement officer or person executing the judge's warrant of arrest, or the agent of the demanding tribe to whom the prisoner may have been delivered may, if necessary, confine the prisoner in the jail of any county or first or second class municipality through which the prisoner may pass. The person in charge of the jail shall receive and safely keep the prisoner until the law enforcement officer or person having charge of the prisoner is ready to proceed on the route. The governmental unit which employs the law enforcement officer or person having custody of the prisoner shall be charged with the expense of keeping the prisoner, unless reimbursement is otherwise provided pursuant to an agreement between the tribe and governmental unit.
Source: SL 1978, ch 172, § 8; SL 1992, ch 60, § 2; SL 2018, ch 142, § 3.
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.
23-26A-1. Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate.
If a person who has been charged with a crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a committing magistrate of this state the following documents:
(1) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, and the status of the proceedings against him;
(2) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and
(3) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.
Source: SL 1978, ch 174, § 1.
23-26A-2. Warrant for arrest of accused person.
Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of his release, the committing magistrate shall issue a warrant to a law enforcement officer of this state for the person's arrest.
Source: SL 1978, ch 174, § 2.
23-26A-3. Magistrate's direction to prosecuting attorney to investigate.
The committing magistrate shall notify the prosecuting attorney of his action and shall direct him to investigate the case to ascertain the validity of the affidavits and documents required by § 23-26A-1 and the identity and authority of the affiant.
Source: SL 1978, ch 174, § 3.
23-26A-4. Arrested person taken before magistrate--Advice as to rights.
The person whose removal is sought shall be brought before the committing magistrate immediately upon arrest pursuant to the warrant; whereupon the committing magistrate shall set a time and place for hearing, and shall advise the person of his right to have the assistance of counsel, to confront the witnesses against him, and to produce evidence in his own behalf at the hearing.
Source: SL 1978, ch 174, § 4.
23-26A-5. Waiver of hearing by person arrested.
The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the committing magistrate shall issue an order pursuant to § 23-26A-7.
Source: SL 1978, ch 174, § 5.
23-26A-6. Release of accused person pending hearing.
The committing magistrate may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose removal is sought.
Source: SL 1978, ch 174, § 6.
23-26A-7. Hearing and order for return to other state--Findings required.
The prosecuting attorney shall appear at the hearing and report to the committing magistrate the results of his investigation. If the committing magistrate finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of his release, the committing magistrate shall issue an order authorizing the return of the person to the custody of the demanding court, judge, or magistrate forthwith.
Source: SL 1978, ch 174, § 7.
23-26A-8. Uniformity of construction.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source: SL 1978, ch 174, § 9.
23-26A-9. Severability of provisions.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source: SL 1978, ch 174, § 8.
23-26A-10. Citation of chapter.
This chapter may be cited as the Uniform Rendition of Accused Persons Act.
Source: SL 1978, ch 174, § 10.
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.