S.D. Codified Laws § 23A-28C-11 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-11
Notice of clemency hearing--Contents
Status: in_force

Upon the scheduling of a clemency hearing pursuant to chapter 24-14 , the Department of Corrections shall provide notice to the victim. Notice of a clemency hearing shall be made at least two weeks prior to the hearing. The notice shall provide the offender's clemency hearing date, time, and location and shall advise the victim that the victim may be present at the hearing and may state an opinion regarding clemency. The victim shall be notified if clemency is recommended.

Source: SL 2014, ch 116, § 3.
S.D. Codified Laws § 23-3-17 — SD Code / Title 23 / Chapter 3 / Section 23-3-17
Assistance by division in establishing local bureaus of identification
Status: in_force

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.
S.D. Codified Laws § 23-5A-1 — SD Code / Title 23 / Chapter 5A / Section 23-5A-1
Definition of terms
Status: in_force

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.
S.D. Codified Laws § 23-14-15 — SD Code / Title 23 / Chapter 14 / Section 23-14-15
Recitals in coroner's warrant--Foundation for commitment proceedings
Status: in_force

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.
S.D. Codified Laws § 23A-27-29 — SD Code / Title 23A / Chapter 27 / Section 23A-27-29
Copy of judgment for costs furnished to officer for execution
Status: in_force

When a judgment has been rendered, a certified copy thereof must forthwith, unless otherwise ordered by the court, be furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution.

Source: SDC 1939, § 34.3712; SL 1939, ch 133; SDCL, § 23-48-40; SL 1978, ch 178, § 371.
S.D. Codified Laws § 23A-25-3 — SD Code / Title 23A / Chapter 25 / Section 23A-25-3
Statements of law included in charge--Exclusive judges of fact
Status: in_force

In charging jurors, a court must state to them all matters of law which it deems necessary for their information in giving their verdict. It must also inform the jurors that they are the exclusive judges of all questions of fact.

Source: Supreme Court Rule 404, 1939; SDC 1939 & Supp 1960, § 34.3651; SDCL, § 23-45-1; SL 1978, ch 178, § 309.
S.D. Codified Laws § 23A-40-14 — SD Code / Title 23A / Chapter 40 / Section 23A-40-14
Enforcement or disposition of lien
Status: in_force

The board of county commissioners of the county or the governing board of the municipality filing the lien may enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lien.

Source: SL 1979, ch 159, § 38; SL 1983, ch 192, § 4.
S.D. Codified Laws § 23-6-20 — SD Code / Title 23 / Chapter 6 / Section 23-6-20
Citation of chapter
Status: in_force

This chapter may be cited as the Uniform Criminal Statistics Act.

Source: SL 1939, ch 138, § 19; SDC Supp 1960, § 55.15A17.
S.D. Codified Laws § 23A-6-1 — SD Code / Title 23A / Chapter 6 / Section 23A-6-1
Indictment or information required for prosecution of offense--Exceptions
Status: in_force

Every public offense must be prosecuted by an indictment or by an information signed by a prosecuting attorney except:

(1) A proceeding for the removal of a civil officer of this state;

(2) An offense arising under the laws, rules, and regulations relating to the National Guard;

(3) An offense arising under the laws of this state which is a Class 2 misdemeanor or petty offense or which is punishable by a fine not exceeding two hundred dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment;

(4) An offense arising from the violation of an ordinance or bylaw of a unit of local government of this state.

Source: SDC 1939 & Supp 1960, § 34.2904; SDCL, § 23-2-5; SL 1978, ch 178, § 61; SL 1991, ch 187, § 6.
S.D. Codified Laws § 23A-27-30 — SD Code / Title 23A / Chapter 27 / Section 23A-27-30
Delivery of defendant and judgment to state correctional facility
Status: in_force

If the judgment is for imprisonment in a state correctional facility, the sheriff of the county shall, upon receipt of a certified copy of the judgment, take and deliver the defendant to the warden of the state correctional facility. He shall also deliver to the warden or other proper officer a certified copy of the judgment containing the information required pursuant to § 23A-27-4 .

Source: SDC 1939 & Supp 1960, § 34.3715; SDCL § 23-48-36; SL 1978, ch 178, § 372; SL 1999, ch 35, § 2; SL 2007, ch 150, § 2; SL 2023, ch 82, § 30.
S.D. Codified Laws § 23A-28C-5 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-5
Notice of incarcerated offender's change of status
Status: in_force

Any institution under the control of the Department of Corrections or the Department of Human Services or the Department of Social Services, or any jail or other facility where a person is incarcerated due to the commission of a crime, shall provide notice, as soon as possible, if any of the following occur:

(1) Upon the person's escape from custody and return to custody following escape;

(2) Of any release from custody, including placement in an intensive supervision program or other alternative disposition, such notice to include associated conditions of release;

(3) Upon the granting of parole or revocation of parole;

(4) Prior to the defendant's release from custody due to expiration of sentence;

(5) Of any removal from an intensive supervision program or other alternative disposition;

(6) Of any furlough; and

(7) Of the offender's death.

Source: SL 1995, ch 137, § 3; SL 1999, ch 126, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 134, eff. Apr. 12, 2011; SL 2014, ch 116, § 8.
S.D. Codified Laws § 23A-28A-13 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-13
Legal representation of accused or convicted person--Use of escrowed moneys
Status: in_force

Notwithstanding the foregoing provisions of this chapter, the attorney general shall transfer proceeds from an escrow account to any person accused or convicted of a crime upon the order of a court of competent jurisdiction after a showing by such person that the proceeds shall be used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person, including the appeals process, after first making adequate provisions to protect the victims of the crime pursuant to § 23A-28A-4 .

Source: SL 1982, ch 184, § 11.
S.D. Codified Laws § 23-7-72 — SD Code / Title 23 / Chapter 7 / Section 23-7-72
Concealed carry permit fees--Reimbursement to county
Status: in_force

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.
S.D. Codified Laws § 23A-27-50 — SD Code / Title 23A / Chapter 27 / Section 23A-27-50
Substitution of personal representative for appeal purposes
Status: in_force

If a defendant dies following the entry of a plea of guilty or nolo contendere or a finding of guilt at trial and the time for taking an appeal has not expired, the court may order substitution of the proper parties for the purpose of an appeal. The personal representative of the defendant's estate may make a motion for substitution, together with a notice of hearing, and shall serve the same on the prosecuting attorney.

Source: SL 2008, ch 116, § 2.
S.D. Codified Laws § 23A-3-10 — SD Code / Title 23A / Chapter 3 / Section 23A-3-10
Fresh pursuit felony arrest by officer of another state
Status: in_force

Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal law enforcing unit of this state, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.

Source: SL 1939, ch 139, §§ 1, 3; SDC Supp 1960, §§ 34.16B01, 34.16B03; SDCL, § 23-23-4; SL 1978, ch 178, § 22.
S.D. Codified Laws § 23A-37-12 — SD Code / Title 23A / Chapter 37 / Section 23A-37-12
Chapter supplemental--Disposition as directed by court
Status: in_force

The provisions of this chapter shall not be exclusive, but shall be supplemental to other laws on the subject. Unless otherwise provided by law, all other property shall be disposed of in such manner as the court shall direct.

Source: SL 1978, ch 178, § 471.
S.D. Codified Laws § 23A-37-8 — SD Code / Title 23A / Chapter 37 / Section 23A-37-8
Conditions for release of seized property to owner
Status: in_force

The court shall release all property to its rightful owner, if:

(1) The owner is not prohibited by law from possessing such property;

(2) The property is not needed as evidence in any judicial proceeding;

(3) Satisfactory arrangements have been made to return such property to the court if subsequently needed as evidence.

Upon completion of the proceeding, the circuit court or magistrate judge shall make arrangements for the return or disposition of all property used as evidence.

Source: CCrimP 1877, §§ 539 to 541; CL 1887, §§ 7590 to 7592; RCCrimP 1903, §§ 571 to 573; RC 1919, §§ 4648 to 4650; SDC 1939 & Supp 1960, § 34.0603; SDCL § 23-16-3; SL 1978, ch 178, § 468; SL 1983, ch 189; SL 2014, ch 117, § 1.
S.D. Codified Laws § 23A-14-22 — SD Code / Title 23A / Chapter 14 / Section 23A-14-22
Immunity from process of witness summoned from another state
Status: in_force

If a witness comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of civil or criminal process in connection with matters which arose before his entrance into this state under the summons.

Source: SDC 1939 & Supp 1960, § 34.2504; SDCL, § 23-40-23; SL 1978, ch 178, § 195.
S.D. Codified Laws § 23A-49-11 — SD Code / Title 23A / Chapter 49 / Section 23A-49-11
Attorney general action with respect to seized property
Status: in_force

If property is seized under the provisions of this chapter, the attorney general may:

(1) Place the property under seal;

(2) Remove the property to a place designated by the attorney general; or

(3) Take custody of the property and remove it to an appropriate location for disposition in accordance with law.

Source: SL 2016, ch 138, § 11.
S.D. Codified Laws § 23A-49-8 — SD Code / Title 23A / Chapter 49 / Section 23A-49-8
Seizure of property without court process
Status: in_force

The seizure of any property subject to forfeiture under this chapter may be made without process issued under § 23A-49-7 if:

(1) The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;

(3) The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(4) The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in § 23A-49-20 .

Source: SL 2016, ch 138, § 8.
S.D. Codified Laws § 23A-32-3 — SD Code / Title 23A / Chapter 32 / Section 23A-32-3
Reproduction of brief for indigent defendant--Form and contents
Status: in_force

In any case provided for in § 23A-40-6 , brought before the Supreme Court upon appeal, the brief shall be reproduced as specified in subdivision 15-26A-68(2). In such case, the defendant must file with the clerk of the Supreme Court, the original and fourteen copies of the brief, which brief in all other respects, except that the original may be typewritten, shall conform to the provisions of chapter 15-26A as to the form and contents of the briefs.

Source: Supreme Court Rule 415, 1939; SDC 1939 & Supp 1960, §§ 34.1902, 34.4110; SDCL, §§ 23-51-8, 23-51-9; Supreme Court Rule No. 1, 1972; SL 1978, ch 178, §§ 399, 400; SL 1988, ch 434 (Supreme Court Rule 87-15); SL 1989, ch 30, § 54.
S.D. Codified Laws § 23A-37-1 — SD Code / Title 23A / Chapter 37 / Section 23A-37-1
Property subject to chapter
Status: in_force

For the purposes of this chapter, "seized property" means all property seized with or without a warrant by any law enforcement officer.

Source: SL 1978, ch 178, § 462.
S.D. Codified Laws § 23A-49-5 — SD Code / Title 23A / Chapter 49 / Section 23A-49-5
Item not subject to forfeiture for act or omission without owner's knowledge or consent
Status: in_force

To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner's knowledge or consent.

Source: SL 2016, ch 138, § 5.
S.D. Codified Laws § 23-3-19.3 — SD Code / Title 23 / Chapter 3 / Section 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
Status: in_force

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.
S.D. Codified Laws § 23A-3-1 — SD Code / Title 23A / Chapter 3 / Section 23A-3-1
Definition of arrest
Status: in_force

An arrest is the taking of a person into custody so that he may be held to answer for the alleged commission of a public offense.

Source: SDC 1939 & Supp 1960, § 34.1601; SDCL, § 23-22-1; SL 1978, ch 178, § 14.
S.D. Codified Laws § 23A-38-4 — SD Code / Title 23A / Chapter 38 / Section 23A-38-4
Notice of hearing on contempt by grand jury witness
Status: in_force

No hearing under § 23A-38-3 shall be held unless seventy - two hours' notice is given to the witness who has refused to comply with the court order, except that a witness may be given a shorter notice if the court, upon a showing of special need, so orders.

Source: SL 1978, ch 178, § 477.
S.D. Codified Laws § 23-6-5 — SD Code / Title 23 / Chapter 6 / Section 23-6-5
Information as to particular offenders--Gathering by director--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 23-13-14 — SD Code / Title 23 / Chapter 13 / Section 23-13-14
Failure to report bullet wound--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 23A-51-14 — SD Code / Title 23A / Chapter 51 / Section 23A-51-14
Office of Indigent Legal Services--Contracting with state agencies permitted
Status: in_force

The Office of Indigent Legal Services may enter into joint powers agreements pursuant to chapter 1-24 with state agencies for administrative support, accounting, payroll, and personnel services.

Source: SL 2024, ch 95, § 14, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-48-13 — SD Code / Title 23A / Chapter 48 / Section 23A-48-13
Response grid oversight committee
Status: in_force

There is hereby established a response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine members and be composed of two judges, two chief court services officers, one deputy chief court services officer, two court services officers that are not chief or deputy chief court services officers, one state's attorney and one defense attorney. The director of trial court services shall also serve as a non-voting member of the committee. The committee shall meet within 180 days from appointment and at least annually thereafter.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 10), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-1A-22 — SD Code / Title 23 / Chapter 1A / Section 23-1A-22
Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit
Status: in_force

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.
S.D. Codified Laws § 23A-27-10 — SD Code / Title 23A / Chapter 27 / Section 23A-27-10
Return of presentence report to court services officer--Filing with board of pardons and paroles, state correctional facility, sheriffs, and jail administrators--Use of information upon written order of judge
Status: in_force

Immediately following the imposition of sentence or the granting of probation, the defendant or the defendant's counsel and the prosecuting attorney shall return to the court services officer any presentence investigation report made available to the parties. When a person is sentenced to a state correctional facility, the court shall file a copy of the person's presentence report with the Board of Pardons and Paroles and the state correctional facility. Department of Corrections officials and the Board of Pardons and Paroles may utilize information contained in the report, including any pre - plea report being used as the presentence investigation report, for the development of a rehabilitation program for the individual. If a person is sentenced to jail on felony charges, the court shall file a copy of the presentence report with the sheriff or administrator of the jail. Jail officials may utilize information contained in the report, including any pre - plea report being used as the presentence investigation report for the safety and protection of the inmate, rehabilitation programs for the inmate, and assignments to various programs offered by the jail. However, the contents of the reports may not be disclosed to the individual without a written order from the sentencing judge or the sentencing judge's successor.

Source: SL 1978, ch 178, § 342; SL 1987, ch 176; SL 1995, ch 133; SL 2023, ch 82, § 24.
S.D. Codified Laws § 23A-9-6 — SD Code / Title 23A / Chapter 9 / Section 23A-9-6
(Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal
Status: in_force

Evidence of an intention to rely upon an alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.

Source: SL 1978, ch 178, § 122.
S.D. Codified Laws § 23A-22-7 — SD Code / Title 23A / Chapter 22 / Section 23A-22-7
Discharge of defendant to testify against codefendant
Status: in_force

When two or more persons are included in the same indictment or information, a court may on the application of the prosecuting attorney, at any time before the defendants have gone into their defense, direct any defendant to be discharged from the indictment or information, in order that he may be a witness for the prosecution.

Source: SDC 1939 & Supp 1960, § 34.3626; SDCL, § 23-44-7; SL 1978, ch 178, § 290.
S.D. Codified Laws § 23-5A-21 — SD Code / Title 23 / Chapter 5A / Section 23-5A-21
Third party contractors--Subject to restrictions and requirements of this chapter
Status: in_force

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.
S.D. Codified Laws § 23A-27A-19 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-19
Investigation by Governor
Status: in_force

The Governor may make such investigation of the case as the Governor may deem proper and may require the assistance of the attorney general.

Source: SL 1939, ch 135, § 4; SDC Supp 1960, § 34.27A04; SDCL § 23-49-5; SL 1979, ch 160, § 21; SL 2008, ch 117, § 6.
S.D. Codified Laws § 23-24B-6 — SD Code / Title 23 / Chapter 24B / Section 23-24B-6
Habeas corpus provisions applicable
Status: in_force

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.
S.D. Codified Laws § 23A-19-8 — SD Code / Title 23A / Chapter 19 / Section 23A-19-8
Examination of officers on trial of challenge to panel
Status: in_force

Upon the trial of a challenge to the panel, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.

Source: SDC 1939 & Supp 1960, § 34.3613; SDCL, § 23-43-18; SL 1978, ch 178, § 269.
S.D. Codified Laws § 23A-8-6 — SD Code / Title 23A / Chapter 8 / Section 23A-8-6
(Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use specified evidence
Status: in_force

At an arraignment, or as soon thereafter as is practical, the prosecuting attorney may give notice to the defendant of his intention to use specified evidence at the trial, in order to afford the defendant an opportunity to raise objections to such evidence prior to the trial in accordance with subdivision § 23A-8-3(4).

Source: SL 1978, ch 178, § 110; SL 1979, ch 159, § 47.
S.D. Codified Laws § 23-5A-4 — SD Code / Title 23 / Chapter 5A / Section 23-5A-4
Persons required to provide DNA sample--Retroactivity of requirement
Status: in_force

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.
S.D. Codified Laws § 23A-12-5 — SD Code / Title 23A / Chapter 12 / Section 23A-12-5
Sealing and endorsement of deposition--Transmittal to court
Status: in_force

A deposition taken pursuant to this chapter shall be enclosed, sealed, and endorsed with the title of the action and the name of the officer taking it. Such officer shall address and transmit it to the clerk of the court where the action is pending. It shall remain under seal until opened by the clerk by order of the court, or at the request of a party to the action or his attorney or the prosecuting attorney.

Source: SDC 1939 & Supp 1960, § 34.2703; SDCL, § 23-41-19; SL 1978, ch 178, § 135.
S.D. Codified Laws § 23A-38-9 — SD Code / Title 23A / Chapter 38 / Section 23A-38-9
Subsequent punishment for contempt permitted on subsequent refusal to provide information
Status: in_force

A person fined or imprisoned under § 23A-38-2 or 23A-38-5 for refusal to testify or provide other information concerning any transaction, set of transactions, event, or events in a proceeding before a court or grand jury of this state, may be again fined, imprisoned, or both, under § 23A-38-2 or 23A-38-5 for a subsequent refusal to testify or provide other information concerning the same transaction, set of transactions, event, or events.

Source: SL 1978, ch 178, § 479.
S.D. Codified Laws § 23A-37-14 — SD Code / Title 23A / Chapter 37 / Section 23A-37-14
Photographing and return of property of victim seized as evidence--Admissibility of photographs
Status: in_force

Any property, which is not contraband, seized or confiscated by law enforcement personnel, ostensibly for use as evidence in a criminal prosecution, shall be preserved, maintained, or stored at the expense of the county where the criminal offense occurred. If the property is not contraband and is owned by a victim of the crime being investigated, the property shall be photographed by the appropriate law enforcement personnel and returned to the victim of the crime within thirty days of completion of forensic analysis unless the prosecuting attorney deems it essential to the prosecution of the case to retain the evidence. The photographs shall accurately and correctly represent the property and are admissible evidence pursuant to article X of chapter 19-19 in any resulting criminal proceeding.

Source: SL 1985, ch 198, § 1.
S.D. Codified Laws § 23A-6-28 — SD Code / Title 23A / Chapter 6 / Section 23A-6-28
(Rule 9(b)(2)) Form and contents of summons--Time of required appearance--Signature
Status: in_force

A summons shall be in the same form as a warrant except that it shall summon the defendant to appear before a circuit court judge or magistrate judge, as the case may be, at a stated time and place. The time stated may not be more than ten days from the date the indictment was presented to the court. The summons shall be signed by the judge.

Source: SL 1978, ch 178, § 87; SL 1999, ch 121, § 4.
S.D. Codified Laws § 23-14-18.3 — SD Code / Title 23 / Chapter 14 / Section 23-14-18.3
Investigation of uncertified deaths
Status: in_force

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.
S.D. Codified Laws § 23A-28C-1 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-1
Rights of crime victim
Status: in_force

Consistent with § 23A-28C-4 , victims of the crime, including victims of driving under the influence vehicle accidents and victims of any vehicle accident resulting in death, have the following rights:

(1) To be notified of scheduled bail hearings and release from custody, to be notified by the prosecutor's office when the case is received and to whom the case is assigned, and to be notified in advance of the date of preliminary hearing and trial;

(2) To be informed of what the charges mean and the elements necessary for conviction;

(3) To testify at scheduled bail or bond hearings regarding any evidence indicating whether the offender represents a danger to the victim or the community if released;

(4) To be protected from intimidation by the defendant, including enforcement of orders of protection;

(5) To offer written input into whether plea bargaining or sentencing bargaining agreements should be entered into;

(6) To be present during all scheduled phases of the trial or hearings, except where otherwise ordered by the judge hearing the case or by contrary policy of the presiding circuit judge;

(7) To be prepared as a witness, including information about basic rules of evidence, cross-examination, objections, and hearsay;

(8) To provide to the court a written or oral victim impact statement prior to sentencing regarding the financial and emotional impact of the crime on the victim and his or her family as well as recommendations for restitution and sentencing and § 23A-28-8 notwithstanding, the right to appear at any hearing during which a change in the plan of restitution is to be considered;

(9) To receive restitution, whether the convicted criminal is probated or incarcerated, unless the court or parole board provides to the victim on the record specific reasons for choosing not to require it;

(10) To provide written input at parole and clemency hearings or with respect to clemency by the Governor, should those options be considered;

(11) In a case in which the death penalty may be authorized, to provide to the court or to the jury, as appropriate, testimony about the victim and the impact of the crime on the victim's family;

(12) To be notified of the defendant's release from custody, which notice includes:

(a) Notice of the defendant's escape from custody and return to custody following escape;

(b) Notice of any other release from custody, including placement in an intensive supervision program or other alternative disposition, and any associated conditions of release;

(c) Notice of parole; and

(d) Notice of pending release of an inmate due to expiration of sentence;

(13) To be notified of the victim's right to request testing for infection by blood-borne pathogens pursuant to § 23A-35B-2 ;

(14) To be provided a copy of any report of law enforcement that is related to the crime, at the discretion of the state's attorney, or upon motion and order of the court. However, no victim may be given the criminal history of any defendant or any witness; and

(15) To be notified of a petition by the sex offender for removal from the sex offender registry and to provide written input with respect to the removal request.

Source: SL 1991, ch 202, § 1; SL 1992, ch 173, § 1; SL 1995, ch 137, § 1; SL 1996, ch 156; SL 1997, ch 143, § 4; SL 2003, ch 136, § 1; SL 2005, ch 120, § 426; SL 2012, ch 138, § 2; SL 2020, ch 100, § 1.
S.D. Codified Laws § 23A-27A-9 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-9
Review by Supreme Court required when death penalty imposed--Procedure
Status: in_force

If the death penalty is imposed, and if the judgment becomes final in the trial court, the sentence shall be reviewed on the record by the South Dakota Supreme Court. The clerk of the trial court, within ten days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The Supreme Court shall consider the punishment as well as any errors enumerated by way of appeal.

Source: SL 1939, ch 137, §§ 1 to 3; SDC Supp 1960, § 34.37A16; SDCL, §§ 23-49-31, 23-49-32; SL 1979, ch 160, § 9.
S.D. Codified Laws § 23A-26-3 — SD Code / Title 23A / Chapter 26 / Section 23A-26-3
General verdict required--Special verdict permitted
Status: in_force

Except as provided in this section, jurors shall render a general verdict. Special verdicts are hereby abolished, except the verdicts of "guilty but mentally ill" and "not guilty by reason of insanity."

Source: Supreme Court Rule 405, 1939; SDC 1939 & Supp 1960, § 34.3661; SDCL, § 23-45-9; SL 1978, ch 178, § 321; SL 1983, ch 174, § 14.
S.D. Codified Laws § 23A-20-28 — SD Code / Title 23A / Chapter 20 / Section 23A-20-28
(Rule 24(c)) Impaneling of alternate jurors--Replacement of regular jurors--Qualifications and oaths
Status: in_force

A court may direct that not more than six jurors in addition to the regular jury members be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they were called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be disqualified, discharged, or unable to perform their duties. Alternate jurors shall be drawn at the same time and in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities, and privileges as regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict.

Source: SL 1923, ch 150; SL 1929, ch 100; SDC 1939 & Supp 1960, § 34.3607; SL 1963, ch 227; SDCL, §§ 23-43-21, 23-43-22; SL 1978, ch 178, § 259; SL 1979, ch 159, § 49.
S.D. Codified Laws § 23-7-62 — SD Code / Title 23 / Chapter 7 / Section 23-7-62
Gold card permit--Renewal--Requirements
Status: in_force

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.
S.D. Codified Laws § 23-7-7.5 — SD Code / Title 23 / Chapter 7 / Section 23-7-7.5
Active duty military personnel and spouses
Status: in_force

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.
S.D. Codified Laws § 23A-9-2 — SD Code / Title 23A / Chapter 9 / Section 23A-9-2
(Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense
Status: in_force

Within ten days thereafter, but in no event less than ten days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the state intends to rely to establish the defendant's presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant's alibi witnesses.

Source: SDCL, § 23-37-6 as enacted by SL 1974, ch 168, § 2; SDCL Supp, § 23-37-5.1; SL 1978, ch 178, § 118.
S.D. Codified Laws § 23A-51-10 — SD Code / Title 23A / Chapter 51 / Section 23A-51-10
Chief defender--Qualifications
Status: in_force

(1) Experience in indigent representation services in criminal cases;

(2) Commitment to ensuring effective assistance of counsel to all the indigent people of the state; and

(3) Demonstrated experience or potential in management, budget, and the state legislative process.

Source: SL 2024, ch 95, § 10, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-43-2.1 — SD Code / Title 23A / Chapter 43 / Section 23A-43-2.1
Defendants charged with offense punishable by death
Status: in_force

A person who is charged with an offense punishable by death shall be treated in accordance with the provisions of § 23A-43-3 , unless the committing magistrate has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or pose a danger to any other person or to the community. If such a risk of flight or danger is believed to exist, the person may be ordered detained.

Source: SL 1980, ch 183, § 2.
S.D. Codified Laws § 23A-27-12.2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-12.2
Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension
Status: in_force

Upon receiving a verdict or plea of guilty for a misdemeanor, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for such period and upon such terms and conditions as the court may deem best. No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a misdemeanor, is eligible to be granted a second suspended imposition of sentence for a misdemeanor. A court may revoke such suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period.

Source: SL 2016, ch 136, § 2.
S.D. Codified Laws § 23A-14-28 — SD Code / Title 23A / Chapter 14 / Section 23A-14-28
Sanctions for oppressive subpoenas
Status: in_force

The court may impose appropriate sanctions including the quashing of a subpoena upon a showing by the subpoenaed person that:

(1) If called for any purpose, compliance with the subpoena would be for punitive purposes;

(2) If called before a grand jury, a primary purpose or effect of requiring such person to so testify or to produce such objects to the grand jury is or will be to secure for trial testimony or to secure other information regarding the activities of any person who is already under indictment for those activities in this state, or of any person who is held to answer by information for those activities.

Source: SL 1978, ch 178, § 202.
S.D. Codified Laws § 23A-16-2 — SD Code / Title 23A / Chapter 16 / Section 23A-16-2
State jurisdiction of offense commenced outside state and consummated within state
Status: in_force

When the commission of a public offense commenced outside this state is consummated within this state, the defendant may be punished in this state, even if he were out of the state at the time of the commission of the offense charged, if he consummated it in this state through the intervention of an innocent or guilty agent or by any other means proceeding directly from himself.

Source: SDC 1939 & Supp 1960, § 34.0801; SDCL, § 23-9-10; SL 1978, ch 178, § 208.
S.D. Codified Laws § 23A-13-3 — SD Code / Title 23A / Chapter 13 / Section 23A-13-3
(Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence
Status: in_force

Upon written request of the defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the prosecuting attorney and which are material to the preparation of his defense or intended for use by the prosecuting attorney as evidence in chief at the trial, or were obtained from or belong to the defendant.

Source: SL 1978, ch 178, § 143.
S.D. Codified Laws § 23A-12-4 — SD Code / Title 23A / Chapter 12 / Section 23A-12-4
(Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness
Status: in_force

Subject to such additional conditions as the court may provide, a deposition shall be taken and filed in the manner provided in civil actions except as otherwise provided in this title; provided that:

(1) In no event shall a deposition be taken of a party defendant without his consent; and

(2) The scope and manner of examination and cross - examination shall be such as would be allowed in the trial itself.

The prosecuting attorney shall make available to the defendant or his counsel for examination and use at the taking of the deposition any statement of the witness being deposed which is in the possession of the prosecuting attorney and to which the defendant would be entitled at the trial.

Source: SL 1978, ch 178, § 134.
S.D. Codified Laws § 23-14-18.4 — SD Code / Title 23 / Chapter 14 / Section 23-14-18.4
Compensation of special death investigators
Status: in_force

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.
S.D. Codified Laws § 23-24A-8 — SD Code / Title 23 / Chapter 24A / Section 23-24A-8
Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence
Status: in_force

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.
S.D. Codified Laws § 23-24A-31 — SD Code / Title 23 / Chapter 24A / Section 23-24A-31
Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law
Status: in_force

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.
S.D. Codified Laws § 23-24B-8 — SD Code / Title 23 / Chapter 24B / Section 23-24B-8
Temporary detention of fugitive being transported--Expense
Status: in_force

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.
S.D. Codified Laws § 23A-28B-39 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-39
Assistant attorney general to advise department and commission--Litigation assistance
Status: in_force

The attorney general shall appoint an assistant attorney general to act as legal advisor to the department and to the commission toward administration of this chapter. Upon request by the department or commission, such assistant attorney general shall represent the department or commission in litigation in which the department or commission is a party or has an interest.

Source: SL 1991, ch 201, § 39.
S.D. Codified Laws § 23-3-55 — SD Code / Title 23 / Chapter 3 / Section 23-3-55
Annual appropriation from fund--Allocation
Status: in_force

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.
S.D. Codified Laws § 23A-28B-33 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-33
Promulgation of rules for administration of chapter
Status: in_force

The department may promulgate rules, pursuant to chapter 1-26 , relating to administration of this chapter, which rules may include:

(1) Procedures for investigating a claim to determine whether compensation eligibility requirements have been satisfied;

(2) Procedures for verifying claimed losses or expenses;

(3) Standards for compensation, as provided in § 23A-28B-20 ;

(4) Standards to insure that payment of an award will not unjustly benefit an offender or an accomplice; and

(5) Procedures to be utilized to decide requests for emergency awards.

Source: SL 1991, ch 201, § 33.
S.D. Codified Laws § 23A-28B-10 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-10
No right to compensation--Availability of funds
Status: in_force

The provisions of this chapter do not create a right to receive victims' compensation. Such compensation is only payable to the extent that funds for such purpose are available within the crime victims' compensation fund.

Source: SL 1991, ch 201, § 10.
S.D. Codified Laws § 23A-2-5.1 — SD Code / Title 23A / Chapter 2 / Section 23A-2-5.1
Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature
Status: in_force

A committing magistrate may, by means of facsimile transmission, receive a complaint or indictment in request of the issuance of an arrest warrant and may issue an arrest warrant by the same method. All applicable procedural and statutory requirements for the issuance of an arrest warrant shall be met. For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original. The original documents shall be filed with the court within five working business days.

The officer executing the arrest warrant shall receive proof that the committing magistrate has signed the warrant before the warrant is executed. Proof that the committing magistrate has signed the warrant may consist of receipt of the facsimile of the arrest warrant.

Source: SL 1991, ch 451 (Supreme Court Rule 91-17).
S.D. Codified Laws § 23A-27-35 — SD Code / Title 23A / Chapter 27 / Section 23A-27-35
Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights
Status: in_force

A sentence of imprisonment in a state correctional facility for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury. Any such person so sentenced forfeits all public offices and all private trusts, authority, or power during the term of such imprisonment. Any person who is serving a term in any state correctional facility shall be a competent witness in any action now pending or hereafter commenced in the courts of this state, and the person's deposition may be taken in the same manner prescribed by statute or rule relating to taking of depositions. After a suspension of sentence pursuant to § 23A-27-18 , upon the termination of the time of the original sentence or the time extended by order of the court, a defendant's rights withheld by this section are restored. However, the voting rights of any person sentenced to imprisonment in a state correctional facility shall be governed by Title 12.

Source: SDC 1939, § 34.3708 as added by SL 1939, ch 132; SL 1943, ch 128; SDCL §§ 23-48-35, 23-57-7; SL 1978, ch 178, § 352; SL 2012, ch 82, § 2; SL 2023, ch 82, § 33.
S.D. Codified Laws § 23A-28A-1 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-1
Contracts with accused or convicted persons for publications regarding crime--Attorney general to receive copy of contract and moneys owed
Status: in_force

Every person, firm, corporation, limited liability company, partnership, association, or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this state, with respect to the reenactment of such crime, by way of any movie, book, magazine article, tape recording, phonograph record, radio, or television presentation, live entertainment of any kind, or from the expression by the accused or convicted person's thoughts, feelings, opinion, or motions regarding such crime, shall submit a copy of such contract to the attorney general and pay over to the attorney general any moneys or other personal property which would otherwise, by terms of such contract, be owing to the person so accused or convicted, the person's representatives or assignees.

Source: SL 1982, ch 184, § 1; SL 1994, ch 351, § 43.
S.D. Codified Laws § 23A-6-17 — SD Code / Title 23A / Chapter 6 / Section 23A-6-17
Statutory words not required in indictment or information--Interpretation of words and phrases
Status: in_force

Words used in a statute to describe a public offense need not be strictly recited in an indictment or information, but other words conveying the same meaning may be used. Words used in an indictment or information shall be interpreted according to their usual meaning in common language, except words and phrases defined by law, which shall be interpreted according to their legal meaning.

Source: SDC 1939 & Supp 1960, §§ 34.3003, 34.3005; SDCL, §§ 23-32-18, 23-32-19; SL 1978, ch 178, § 76.
S.D. Codified Laws § 23A-49-7 — SD Code / Title 23A / Chapter 49 / Section 23A-49-7
Seizure of property by court process
Status: in_force

Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property.

Source: SL 2016, ch 138, § 7.
S.D. Codified Laws § 23A-48-2 — SD Code / Title 23A / Chapter 48 / Section 23A-48-2
Methods used in adult probation supervision
Status: in_force

Adult probation supervision shall include:

(1) Use of a normed and validated risk and needs assessment measuring criminal risk factors, specific individual needs and driving variable supervision levels;

(2) Use of assessment results to guide targeted supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;

(3) Collateral and personal contacts, including unscheduled contacts, with the offender and community and with a frequency consistent with the probationer's supervision level and risk of re-offense, staying informed of the probationer's conduct, compliance with conditions, and progress in community based intervention;

(4) Use of adult probation change plans for each probationer assessed as medium-risk, high-risk or intensive risk to reoffend;

(5) Use of an automated call-in system for each probationer assessed as administrative or low risk to reoffend unless otherwise approved by the chief court services officer for the judicial circuit; and

(6) Use of practical and suitable supervision methods that are consistent with evidence-based practices to aid and encourage the probationer to improve his or her conduct and circumstances and to reduce the risk of recidivism through the use of incentives and rewards for positive behavior and swift and certain sanctions for noncompliance.

Source: SL 2014, ch 256 (Supreme Court Rule 13-14 , § 2), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-6-10 — SD Code / Title 23 / Chapter 6 / Section 23-6-10
Reports by director--Contents--Distribution--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 23A-17-3 — SD Code / Title 23A / Chapter 17 / Section 23A-17-3
(Rule 20(c)) Return of papers to original county when defendant pleads not guilty
Status: in_force

If, after the proceeding has been transferred pursuant to § 23A-17-1 , the defendant pleads not guilty, the clerk of the court or the court shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. The defendant's statement that he wishes to plead guilty or nolo contendere shall not be used against him without his consent.

Source: SL 1978, ch 178, § 223.
S.D. Codified Laws § 23A-28-7 — SD Code / Title 23A / Chapter 28 / Section 23A-28-7
Compliance with restitution plan as condition of probation or suspension--Payments to clerk
Status: in_force

Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or suspension. Restitution payments shall be made to the office of the clerk unless otherwise ordered by the court.

Source: SL 1978, ch 177, § 2; SDCL Supp, § 23-48A-2; SL 1978, ch 178, § 357.
S.D. Codified Laws § 23A-14-25 — SD Code / Title 23A / Chapter 14 / Section 23A-14-25
(Rule 17(g)) Disobedience of subpoena as contempt of court
Status: in_force

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.

Source: SDC 1939 & Supp 1960, § 34.2405; SDCL, § 23-40-10; SL 1978, ch 178, § 203.
S.D. Codified Laws § 23A-28B-18 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-18
Circumstances permitting compensation
Status: in_force

The department may order payment of compensation:

(1) For the benefit of the injured person;

(2) In the event of personal injury to or death of the victim, to any person responsible for maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of such injury or death; and

(3) In the event of death of the victim, for the benefit of one or more dependents of the victim. If two or more such dependents are entitled to an award of compensation, the award shall be apportioned by the department among the dependents in a manner which the department determines to be fair and equitable.

Source: SL 1991, ch 201, § 18.
S.D. Codified Laws § 23A-32-16 — SD Code / Title 23A / Chapter 32 / Section 23A-32-16
Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant
Status: in_force

Appeal to the Supreme Court shall be taken by a written notice of appeal, signed by the appellant or his attorney, specifying the order or judgment, or both, appealed from and whether the appeal is taken from the whole or a part thereof, and if from a part only, specifying the part appealed from. Notice of such appeal, when by the defendant shall be served upon the attorney general and upon the prosecuting attorney of the county where the judgment was entered and, when by the state, upon the defendant or his attorney. The appeal shall be deemed perfected by filing the notice with the clerk together with proof of service thereof, and by depositing the appeal fee for the clerk of the Supreme Court, as in civil cases, except that when the appeal is by the state, no such fee shall be required. Whenever an appeal is taken by an indigent, assigned counsel pursuant to § 23A-40-6 , no filing fee need be paid and no undertaking need be furnished to perfect such appeal.

Source: SDC 1939 & Supp 1960, § 34.4102; SDCL, § 23-51-4; SL 1978, ch 178, § 394; SL 1980, ch 26, § 23.
S.D. Codified Laws § 23-6-17 — SD Code / Title 23 / Chapter 6 / Section 23-6-17
Coroners--Transmission of information required by director--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 23A-9-3 — SD Code / Title 23A / Chapter 9 / Section 23A-9-3
(Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi
Status: in_force

If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under § 23A-9-1 or 23A-9-2 , he shall promptly notify the other party or his attorney of the existence and identity of such additional witness.

Source: SL 1978, ch 178, § 119.
S.D. Codified Laws § 23-5A-29 — SD Code / Title 23 / Chapter 5A / Section 23-5A-29
Expungement of record--Receipt of court order--Exception
Status: in_force

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.
S.D. Codified Laws § 23A-3-26 — SD Code / Title 23A / Chapter 3 / Section 23A-3-26
Definition of expungement
Status: in_force

Terms used in §§ 23A-3-27 to 23A-3-33 , inclusive, mean:

(1) "Expungement," the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Expungement does not imply the physical destruction of records.

Source: SL 2010, ch 126, § 1.
S.D. Codified Laws § 23-7-54.2 — SD Code / Title 23 / Chapter 7 / Section 23-7-54.2
Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty
Status: in_force

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.
S.D. Codified Laws § 23A-49-20 — SD Code / Title 23A / Chapter 49 / Section 23A-49-20
Attorney general's disposition of forfeited property
Status: in_force

If property is forfeited under this chapter, the attorney general may:

(1) Retain the property for official use;

(2) Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs. All money seized or remaining proceeds from the sale of any forfeited property shall be paid into the following funds:

(a) If seized pursuant to a violation of chapters 34-20B or 22-42 , proceeds shall go to the drug control fund;

(b) If seized pursuant to a violation of chapters 22-24A , 22-23 , 22-19A , 22-24B , 43-43B , or 23A-27 , proceeds shall be used to reimburse the actual costs of the criminal investigation and prosecution, and any amount over those costs shall be used to satisfy any civil judgments received by the victims. All remaining proceeds shall be paid to the South Dakota internet crimes against children fund; and

(c) If not otherwise specified by this chapter, proceeds shall go to the general fund; or

(3) If property is seized pursuant to a violation of chapters 34-20B or 22-42 , the attorney general may forward it to the Division of Criminal Investigation for disposition. Such disposition may include delivery for medical or scientific use to any federal or state agency under regulations of the United States attorney general.

Source: SL 2016, ch 138, § 20.
S.D. Codified Laws § 23A-6-24 — SD Code / Title 23A / Chapter 6 / Section 23A-6-24
(Rule 8(b)) Joinder of two or more defendants in same indictment or information
Status: in_force

Two or more defendants may be charged in the same indictment or information, if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately, and all of the defendants need not be charged in each count.

Source: SL 1978, ch 178, § 83.
S.D. Codified Laws § 23A-28B-26 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-26
Relative or household member of offender eligible for compensation
Status: in_force

No victim or dependent may be denied compensation solely because he is a relative of the offender or was living with the offender as a family or household member at the time of the personal injury or death.

Source: SL 1991, ch 201, § 26.
S.D. Codified Laws § 23-6-9 — SD Code / Title 23 / Chapter 6 / Section 23-6-9
Copy of available information--Furnishing to law enforcement agencies--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 23A-28B-13 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-13
Documentation required with application--Notice of rejection
Status: in_force

The department may require that documentation substantiating the facts stated in an application for compensation be submitted with the application. If the department determines that an application does not contain the required information or that the facts stated in the application have not been substantiated, it shall notify the applicant in writing of the specific additional documentation required and that the applicant has thirty days from the date of the notice in which to furnish such information to the department. The department shall reject the application of a claimant who fails to file the requested information within the time specified unless the applicant requests, and the department grants, an extension of time in which to furnish such information.

Source: SL 1991, ch 201, § 13.
S.D. Codified Laws § 23A-26-12.6 — SD Code / Title 23A / Chapter 26 / Section 23A-26-12.6
Failure to comply with regimen--Notice--Arrest--Court determination
Status: in_force

The director of a medical facility responsible for administering the regimen imposed on an acquitted person conditionally discharged under § 23A-26-12.5 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another.

Source: SL 1985, ch 192, § 18.
S.D. Codified Laws § 23-5B-2 — SD Code / Title 23 / Chapter 5B / Section 23-5B-2
Notice to attorney general and state's attorney of motion for testing--Response
Status: in_force

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.
S.D. Codified Laws § 23A-45-2 — SD Code / Title 23A / Chapter 45 / Section 23A-45-2
(Rule 54(a)) Proceedings to which title applies
Status: in_force

This title applies to all criminal proceedings and to all proceedings for the violation of an ordinance, bylaw, or police regulation of a unit of local government in this state before the circuit courts and the magistrate courts except in cases of those minor offenses triable under § 23A-4-2 .

Source: SL 1978, ch 178, § 550.
S.D. Codified Laws § 23A-8-3 — SD Code / Title 23A / Chapter 8 / Section 23A-8-3
(Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial
Status: in_force

Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised prior to trial:

(1) Defenses and objections based on defects in the institution of the prosecution;

(2) Defenses and objections based upon prior conviction or acquittal;

(3) Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings);

(4) Motions to suppress evidence;

(5) Requests for discovery under chapter 23A-13 ; or

(6) Requests for a severance of charges or defendants under § 23A-11-2 .

Source: SL 1978, ch 178, § 108.
S.D. Codified Laws § 23A-14-7.1 — SD Code / Title 23A / Chapter 14 / Section 23A-14-7.1
Expenses paid for out-of-county or indigent witness produced by state pursuant to subpoena or undertaking
Status: in_force

When a person attends before a magistrate, grand jury, or court, as a witness on behalf of the state, upon a subpoena or pursuant to an undertaking, and it appears that he has come from a place out of the county or that he is indigent, the court, if the attendance of a witness is for a trial, by an order entered upon its minutes, or in any other case, the circuit judge, by a written order, may direct the county treasurer to pay the witness a reasonable sum, to be specified in the order, for his expenses. Upon the production of the order, or a certified copy thereof, the county treasurer must pay the witness the sum specified therein, out of the county treasury.

Source: SL 1979, ch 159, § 11.
S.D. Codified Laws § 23A-3-28 — SD Code / Title 23A / Chapter 3 / Section 23A-3-28
Service of motion--Fee
Status: in_force

At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney may contest the motion in writing and at the hearing on the motion.

When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court's satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee.

Source: SL 2010, ch 126, § 3.
S.D. Codified Laws § 23A-1-1 — SD Code / Title 23A / Chapter 1 / Section 23A-1-1
Proceedings governed by title
Status: in_force

This title governs the procedure to be used in the courts of this state in any:

(1) Criminal proceeding; and

(2) Prosecution for the violation of an ordinance, resolution, or the bylaws of a unit of local government of this state, which authorizes a criminal penalty.

Source: SL 1978, ch 178, § 1; SL 2026, ch 33, § 57.
S.D. Codified Laws § 23A-49-2 — SD Code / Title 23A / Chapter 49 / Section 23A-49-2
Conveyance used in common carrier business not subject to forfeiture--Exception
Status: in_force

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of any crime in the chapters listed in § 23A-49-20 .

Source: SL 2016, ch 138, § 2.
S.D. Codified Laws § 23A-28B-17 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-17
Subpoenas authorized for investigation of eligibility
Status: in_force

The department or commission may issue subpoenas for persons or documents as provided by § 15-6-45 for any investigation or hearing conducted pursuant to this chapter. Failure to comply with a subpoena issued pursuant to this chapter is punishable as contempt in court as provided by chapter 21-34 .

Source: SL 1991, ch 201, § 17.
S.D. Codified Laws § 23A-25-3.1 — SD Code / Title 23A / Chapter 25 / Section 23A-25-3.1
Instruction on presumption of innocence required
Status: in_force

In each criminal case, the judge shall instruct the jury that the defendant is presumed innocent.

Source: SL 1984, ch 179.
S.D. Codified Laws § 23A-32-2 — SD Code / Title 23A / Chapter 32 / Section 23A-32-2
Defendant's right to appeal
Status: in_force

An appeal to the Supreme Court may be taken by the defendant from final judgment of conviction.

Source: SDC 1939 & Supp 1960, § 34.4101; SDCL, § 23-51-1; SL 1978, ch 178, § 398.
S.D. Codified Laws § 23A-38-7 — SD Code / Title 23A / Chapter 38 / Section 23A-38-7
Bail pending appeal from order of confinement--Expeditious disposition of appeal
Status: in_force

Any person confined pursuant to § 23A-38-1 or 23A-38-2 shall be admitted to bail or released in accordance with chapter 23A-43 , pending the determination of an appeal taken by him from the order of his confinement unless it affirmatively appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, and in no event more than thirty days from the filing of such appeal.

Source: SL 1978, ch 178, § 475.
S.D. Codified Laws § 23A-4-7 — SD Code / Title 23A / Chapter 4 / Section 23A-4-7
(Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense
Status: in_force

If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not preclude a prosecuting attorney from instituting a subsequent prosecution for the same offense.

Source: SDC 1939 & Supp 1960, § 34.1406; SDCL, § 23-27-13; SL 1978, ch 178, § 42.
S.D. Codified Laws § 23A-40-9 — SD Code / Title 23A / Chapter 40 / Section 23A-40-9
Compensation of assigned counsel for services after judgment and conviction
Status: in_force

If proceedings after judgment and conviction are taken, by motion in arrest of judgment, motion for a new trial or any presentence or post - sentence proceedings, or an appeal to the Supreme Court, an allowance for a sum as may be reasonable and just for the services rendered and for necessary expenses and cost incident to the proceedings shall be allowed to counsel assigned by the court pursuant to § 23A-40-6 and subdivision 23A-40-7(2), in an amount to be set by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.

Source: SDC 1939, § 34.1901; SL 1957, ch 182; SDCL, §§ 23-2-2, 23-2-3; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, § 493; SDCL Supp, § 23A-40-4; SL 1979, ch 159, § 35; SL 1983, ch 191, § 2.
S.D. Codified Laws § 23A-25-6 — SD Code / Title 23A / Chapter 25 / Section 23A-25-6
Retirement for deliberation--Room provided--Food and lodging during deliberation
Status: in_force

After hearing the charge, the jury shall retire for deliberation. A suitable room, equipped for such purpose, must be provided by each county for the use of a jury upon its retirement for deliberation. While a jury is kept together, either during the progress of a trial or after its retirement for deliberation, the jurors must be provided with suitable and sufficient food and lodging by the bailiff upon an order of court, at the expense of the county.

Source: SDC 1939 & Supp 1960, § 34.3653; SDCL, § 23-43-47; SL 1978, ch 178, §§ 311, 313.
S.D. Codified Laws § 23A-48-12 — SD Code / Title 23A / Chapter 48 / Section 23A-48-12
Term of probation
Status: in_force

A sanction cannot extend the term of probation.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 9), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-49-23 — SD Code / Title 23A / Chapter 49 / Section 23A-49-23
Seized property--Information to be public
Status: in_force

The attorney general, no more than 120 days after the close of the fiscal year, shall post on a searchable public website a report containing an itemized list of each property seized and forfeited for the preceding fiscal year as provided in § 23A-49-22 .

The attorney general shall include in the report an itemized list of the expenditures and disbursements made by the attorney general under §§ 23A-49-20 and 34-20B-64 .

The attorney general may include in the report recommendations to improve statutes, rules, and policies to better ensure that seizure, forfeiture, and expenditures are done and reported in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, law enforcement and taxpayers.

The data and report compiled hereunder are public records under chapter 1-27 .

Source: SL 2022, ch 76, § 3.
S.D. Codified Laws § 23A-35B-3 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-3
Victim's request for testing of defendant or juvenile--Hearing--Search warrant for blood sample--Time for testing
Status: in_force

A victim or a law enforcement officer may request in writing to the state's attorney that the defendant or the juvenile be tested for blood-borne pathogen infection by the Department of Health and that a search warrant be obtained for the purpose of taking a blood sample from the defendant or the juvenile for testing for such infection. The written request shall state that the victim or law enforcement officer believes there was an exchange of blood, semen, or other bodily fluids from the defendant or the juvenile to the victim or law enforcement officer and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the victim or law enforcement officer and the defendant or the juvenile may be present. If the court finds probable cause to believe that the defendant or the juvenile committed the offense and that there was an exchange of blood, semen, or other bodily fluids from the defendant or the juvenile to the victim or from the defendant or the juvenile to the law enforcement officer, the court may order a search warrant for the purpose of taking a blood sample from the defendant or the juvenile for testing for blood-borne pathogen infection. If the court orders a search warrant, the Department of Health shall initiate the test for blood-borne pathogen infection within forty-eight hours after the department receives the blood sample.

Source: SL 1991, ch 203, § 2; SL 1992, ch 172, § 3; SL 1993, ch 184, § 3; SL 2009, ch 126, § 1.
S.D. Codified Laws § 23A-42-6 — SD Code / Title 23A / Chapter 42 / Section 23A-42-6
No limitation during time of mental incompetence
Status: in_force

No time during which the defendant is determined to be mentally incompetent to proceed pursuant to chapter 23A-10A is part of any limitation pursuant to this chapter.

Source: SL 2021, ch 107, § 3.
S.D. Codified Laws § 23A-43-19 — SD Code / Title 23A / Chapter 43 / Section 23A-43-19
Order for commitment or better security from person about to abscond--Order of arrest
Status: in_force

When proof is made to any committing magistrate that a person previously released on the execution of an appearance bail bond with one or more sureties is about to abscond, and that his bail is insufficient, the committing magistrate shall require such person to give better security or, for default thereof, cause him to be committed. An order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued, by such committing magistrate, setting forth the cause thereof.

Source: SDC 1939 & Supp 1960, § 34.1807; SDCL, § 23-26-8; SL 1978, ch 178, § 520.
S.D. Codified Laws § 23A-28B-37 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-37
Application hearing open to public--Exceptions
Status: in_force

Any hearing held on an application is open to the public. The record of such hearing is a public record, unless the commission determines that a closed hearing is necessary because:

(1) The alleged offender has not been brought to trial and a public hearing would adversely affect the alleged offender's apprehension or trial;

(2) The victim or alleged offender is a minor;

(3) A public hearing would cause trauma for the victim; or

(4) A public hearing would frustrate rather than further the interests of justice.

Source: SL 1991, ch 201, § 37; SL 2004, ch 167, § 4.
S.D. Codified Laws § 23A-6-13 — SD Code / Title 23A / Chapter 6 / Section 23A-6-13
Allegations in indictment or information for perjury
Status: in_force

In an indictment or information for perjury or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in which the offense was committed, the court or person before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.

Source: CCrimP 1877, § 229; CL 1887, § 7256; RCCrimP 1903, § 236; RC 1919, § 4732; Supreme Court Rule 376, 1939; SDC 1939 & Supp 1960, § 34.3019; SDCL, § 23-32-25; SL 1978, ch 178, § 70.
S.D. Codified Laws § 23A-43-29 — SD Code / Title 23A / Chapter 43 / Section 23A-43-29
Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety
Status: in_force

Any defendant who is released on the execution of an appearance bail bond with one or more sureties may, if he violates the conditions of his release, in vacation, be arrested by his surety, delivered to a law enforcement officer, and brought before any committing magistrate. At the request of such surety, the committing magistrate shall recommit the defendant to the custody of the law enforcement officer, and endorse on the recognizance, or certified copy thereof, the discharge and exoneretur of the surety. The person so committed shall be held in custody until discharged by due course of law.

Source: SDC 1939 & Supp 1960, § 34.1808; SDCL, §§ 23-26-9, 23-26-10; SL 1978, ch 178, § 530.
S.D. Codified Laws § 23A-3-34 — SD Code / Title 23A / Chapter 3 / Section 23A-3-34
Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement
Status: in_force

Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant's public record after five years if all court-ordered conditions on the case have been satisfied and the defendant has not been convicted of any further offenses within those five years. However, the case record remains available to court personnel or as authorized by order of the court and may be used as an enhancement in the prosecution of subsequent offenses as provided by law.

Source: SL 2016, ch 134, § 1; SL 2021, ch 106, § 1.
S.D. Codified Laws § 23A-28B-9 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-9
Preponderance of evidence required for receipt of compensation
Status: in_force

The department or commission, as applicable, shall award victims' compensation as authorized by the provisions of this chapter if it finds by a preponderance of the evidence that the requirements for compensation have been met.

Source: SL 1991, ch 201, § 9.
S.D. Codified Laws § 23A-44-5 — SD Code / Title 23A / Chapter 44 / Section 23A-44-5
Subsequent prosecution not barred by dismissal
Status: in_force

A dismissal under § 23A-44-2 , 23A-44-3 , or 23A-44-4 is not a bar to another prosecution for the same offense.

Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-6; SL 1978, ch 178, § 538.
S.D. Codified Laws § 23A-3-2 — SD Code / Title 23A / Chapter 3 / Section 23A-3-2
Law enforcement officer's power to arrest without warrant
Status: in_force

A law enforcement officer may, without a warrant, arrest a person:

(1) For a public offense, other than a petty offense, committed or attempted in his presence; or

(2) Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested committed it, although not in the officer's presence.

Source: SDC 1939 & Supp 1960, § 34.1609; SDCL, § 23-22-7; SL 1978, ch 178, § 15; SL 1979, ch 159, § 1.
S.D. Codified Laws § 23A-14A-9 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-9
Uniformity of interpretation
Status: in_force

The provisions of §§ 23A-14A-1 to 23A-14A-10 , inclusive, shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.

Source: SL 2002, ch 119, § 9.
S.D. Codified Laws § 23A-27-25 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25
Fines and penalties paid into county treasury--Exceptions--Use for schools
Status: in_force

Except as provided below, all fines and pecuniary penalties collected for the violation of any state law must be paid into the treasury of the proper county, the net proceeds of which must be applied and used each year for the benefit of the public schools of this state. This section does not apply to forfeitures provided for in § 23A-43-23 , costs as provided in §§ 23-3-52 , 23A-27-25.9 , 23A-27-26 , and 23A-27-27 , and restitution and civil penalties assessed under the state's environmental laws.

Source: SDC 1939, § 13.0113; SDCL, § 23-48-30; SL 1975, ch 162, § 14; SL 1978, ch 178, § 367; SL 1982, ch 186, § 3; SL 1988, ch 291, § 25; SL 1989, ch 211, § 3; SL 2024, ch 92, § 2.
S.D. Codified Laws § 23-3-44 — SD Code / Title 23 / Chapter 3 / Section 23-3-44
Certification of qualified officer trained in another state
Status: in_force

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).
S.D. Codified Laws § 23-7-7.3 — SD Code / Title 23 / Chapter 7 / Section 23-7-7.3
Reciprocity with other states--Conditions
Status: in_force

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.
S.D. Codified Laws § 23-5B-15 — SD Code / Title 23 / Chapter 5B / Section 23-5B-15
Motion for new trial where testing excludes petitioner as source of DNA evidence
Status: in_force

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.
S.D. Codified Laws § 23A-16-16 — SD Code / Title 23A / Chapter 16 / Section 23A-16-16
Venue of prosecution of accessory where principal offense committed in another county
Status: in_force

In the case of an accessory in the commission of a public offense as defined in § 22-3-5 , where the principal offense is committed in one county and the offense of the accessory is committed in another county, the venue is in either of the counties where the prosecution is first commenced.

Source: SDC 1939 & Supp 1960, § 34.0807; SDCL, § 23-9-22; SL 1978, ch 178, § 216.
S.D. Codified Laws § 23-7-69 — SD Code / Title 23 / Chapter 7 / Section 23-7-69
Notice to secretary of state of change of name or address--Issuance of new permit
Status: in_force

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.
S.D. Codified Laws § 23A-33-6 — SD Code / Title 23A / Chapter 33 / Section 23A-33-6
Bail pending appeal
Status: in_force

Admission to bail shall be as provided in chapter 23A-43 .

Source: SL 1978, ch 178, § 411.
S.D. Codified Laws § 23A-43-14 — SD Code / Title 23A / Chapter 43 / Section 23A-43-14
Motion for amendment by circuit judge of conditions of release
Status: in_force

A defendant who is detained, or whose release on a condition requiring him to return to custody after specified hours is continued, after review of his application pursuant to § 23A-43-7 , 23A-43-8 , 23A-43-9 , or 23A-43-10 by a committing magistrate, other than a judge of the court having original jurisdiction over the offense with which he is charged or a justice of the Supreme Court, may move the circuit court having original jurisdiction over the offense with which he is charged to amend the order.

Source: SL 1978, ch 178, § 515.
S.D. Codified Laws § 23A-27-15 — SD Code / Title 23A / Chapter 27 / Section 23A-27-15
Suspension of sentence as conviction for purposes of habitual offender law
Status: in_force

For the sole purposes of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is an habitual offender under chapter 22-7 , the fact of suspension of imposition of sentence under § 23A-27-13 , whether or not discharge and dismissal have occurred, shall be considered a prior conviction.

Source: SDCL, § 23-57-4; SL 1977, ch 197; SL 1978, ch 178, § 345.
S.D. Codified Laws § 23A-20-16 — SD Code / Title 23A / Chapter 20 / Section 23A-20-16
Trial by court of challenges
Status: in_force

All challenges, whether to a panel or to an individual juror, shall be tried by the court.

Source: Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, § 34.3621; SDCL, § 23-43-37; SL 1978, ch 178, § 247.
S.D. Codified Laws § 23A-27-4.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-4.1
Relief from judgment--Grounds--Time of motion
Status: in_force

Within a reasonable time but not more than one year after final judgment, a court on motion of a defendant or upon its own motion may relieve a defendant from final judgment if required in the interest of justice. If the original trial was by a court without a jury, the court on motion of a defendant or upon its own motion, may vacate the judgment if entered, order a new trial or take additional testimony and direct the entry of a new judgment.

A motion under this section does not affect the finality of a judgment or suspend its operation.

If an appeal is pending, the court may grant a motion under this section only upon remand of the case.

Source: SL 1987, ch 410 (Supreme Court Rule 86-36).
S.D. Codified Laws § 23A-27A-1 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-1
Mitigating and aggravating circumstances considered by judge or jury
Status: in_force

Pursuant to §§ 23A-27A-2 to 23A-27A-6 , inclusive, in all cases for which the death penalty may be authorized, the judge shall consider, or shall include in instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may be supported by the evidence:

(1) The offense was committed by a person with a prior record of conviction for a Class A or Class B felony, or the offense of murder was committed by a person who has a felony conviction for a crime of violence as defined in subdivision 22-1-2(9);

(2) The defendant by the defendant's act knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(3) The defendant committed the offense for the benefit of the defendant or another, for the purpose of receiving money or any other thing of monetary value;

(4) The defendant committed the offense on a judicial officer, former judicial officer, prosecutor, or former prosecutor while such prosecutor, former prosecutor, judicial officer, or former judicial officer was engaged in the performance of such person's official duties or where a major part of the motivation for the offense came from the official actions of such judicial officer, former judicial officer, prosecutor, or former prosecutor;

(5) The defendant caused or directed another to commit murder or committed murder as an agent or employee of another person;

(6) The offense was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim. Any murder is wantonly vile, horrible, and inhuman if the victim is less than thirteen years of age;

(7) The offense was committed against a law enforcement officer, employee of a corrections institution, or firefighter while engaged in the performance of such person's official duties;

(8) The offense was committed by a person in, or who has escaped from, the lawful custody of a law enforcement officer or place of lawful confinement;

(9) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of the defendant or another; or

(10) The offense was committed in the course of manufacturing, distributing, or dispensing substances listed in Schedules I and II in violation of § 22-42-2 .

Source: SL 1979, ch 160, § 7; SL 1981, ch 186, § 3; SL 1989, ch 206; SL 1992, ch 173, § 2; SL 1994, ch 178, § 1; SL 1995, ch 132.
S.D. Codified Laws § 23A-28B-8 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-8
Compensation and expenses for commission members
Status: in_force

Each member of the commission shall be paid mileage at the same rate as allowed for state employees and shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for time spent attending commission meetings. However, no per diem may be paid to any commission member who is a state employee. The per diem shall be paid on vouchers verified and approved by the secretary of the department.

Source: SL 1991, ch 201, § 8.
S.D. Codified Laws § 23A-28C-16 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-16
Office of Liaison for Missing and Murdered Indigenous Persons established--Duties--Budget
Status: in_force

The Office of the Attorney General shall establish the Office of Liaison for Missing and Murdered Indigenous Persons (MMIP) to assist with and provide training for locating missing or murdered indigenous persons. The Office of the Attorney General shall staff the MMIP with a full-time missing person specialist, pursue federal funding for the MMIP, provide guidance to the MMIP, and coordinate the functions of the MMIP with the United States Attorney's Office, the United States Department of Justice, state law enforcement agencies, and tribal law enforcement agencies. All agencies within the state shall cooperate with the Office of the Attorney General in order to establish the MMIP, undergo any required training, and report to the MMIP as required. This office shall be budgeted through the normal budget process.

Source: SL 2021, ch 110, § 1.
S.D. Codified Laws § 23A-36-1 — SD Code / Title 23A / Chapter 36 / Section 23A-36-1
Determination by magistrate whether probable cause exists for search warrant--Notice of hearing to person in possession
Status: in_force

Upon the filing of an affidavit for a search warrant to search for obscene material, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the matter, or by such other manner or means that he deems necessary, if probable cause exists for a hearing upon the question of the issuance of a search warrant. If the magistrate determines that probable cause exists for a hearing, he shall issue notice to the person or persons in possession of the matter, setting a time and place for a hearing to determine if a search warrant shall issue.

Source: SL 1974, ch 165, § 7; SDCL Supp, § 22-24-39; SL 1978, ch 178, § 452.
S.D. Codified Laws § 23A-35A-6 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-6
Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry
Status: in_force

Upon proper application, a judge may enter an ex parte order, as requested or with any appropriate modifications, authorizing wiretapping or eavesdropping if the judge determines based on the facts submitted by the applicant that:

(1) There is probable cause to believe that a person is committing, has committed, or is about to commit a particular crime pursuant to § 23A-35A-2 ;

(2) There is probable cause to believe that particular communications concerning that offense will be obtained through the interception;

(3) Normal investigative procedures have been tried and have failed, reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and

(4) There is probable cause to believe that the facilities from which or the place where the wire, electronic, or oral communications are to be used, in connection with the commission of the offense, or are leased to, listed in the name of or commonly used by the person.

Source: SL 1980, ch 181, § 11; SL 2017, ch 108, § 6.
S.D. Codified Laws § 23A-20-2 — SD Code / Title 23A / Chapter 20 / Section 23A-20-2
Alternative methods of selecting jurors
Status: in_force

When prospective jurors are called for examination, the court shall allow selection by either § 23A-20-3 or 23A-20-4 .

Source: SL 1978, ch 178, § 234.
S.D. Codified Laws § 23-3-36 — SD Code / Title 23 / Chapter 3 / Section 23-3-36
Commission supported by appropriations
Status: in_force

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).
S.D. Codified Laws § 23A-26-12.3 — SD Code / Title 23A / Chapter 26 / Section 23A-26-12.3
Burden of proof
Status: in_force

In a hearing pursuant to § 23A-26-12.2 , a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.

Source: SL 1985, ch 192, § 15.
S.D. Codified Laws § 23-5A-28 — SD Code / Title 23 / Chapter 5A / Section 23-5A-28
Request for expungement--Grounds
Status: in_force

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.
S.D. Codified Laws § 23A-5-1 — SD Code / Title 23A / Chapter 5 / Section 23A-5-1
(Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors
Status: in_force

The circuit court shall order one or more grand juries to be summoned only when it appears to the circuit judge's satisfaction that a grand jury is necessary or desirable for the investigation of public offenses or misconduct in office. A grand jury shall consist of not less than six nor more than ten members. The court shall direct that a sufficient number of legally qualified persons be summoned to meet this requirement.

Source: SDC 1939, § 34.1201; SL 1959, ch 233; SDCL, § 23-29-1; SL 1978, ch 178, § 44; SL 1979, ch 159, § 4; SL 1994, ch 176.
S.D. Codified Laws § 23A-27A-2 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-2
Presentence hearing required--Relevant evidence
Status: in_force

In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted to hear additional evidence in mitigation and aggravation of punishment. At such hearing the jury shall receive all relevant evidence, including:

(1) Evidence supporting any of the aggravating circumstances listed under § 23A-27A-1 ;

(2) Testimony regarding the impact of the crime on the victim's family;

(3) Any prior criminal or juvenile record of the defendant and such information about the defendant's characteristics, the defendant's financial condition, and the circumstances of the defendant's behavior as may be helpful in imposing sentence;

(4) All evidence concerning any mitigating circumstances.

Source: SL 1979, ch 160, § 5; SL 1994, ch 178, § 2.
S.D. Codified Laws § 23A-14-23 — SD Code / Title 23A / Chapter 14 / Section 23A-14-23
Immunity from process of witness passing through under interstate summons
Status: in_force

If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of civil or criminal process in connection with matters which arose before his entrance into this state under summons.

Source: SDC 1939 & Supp 1960, § 34.2504; SDCL, § 23-40-24; SL 1978, ch 178, § 196.
S.D. Codified Laws § 23A-48-10 — SD Code / Title 23A / Chapter 48 / Section 23A-48-10
Factors for imposition of sanction
Status: in_force

Court services officers shall consider the risk the probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer's compliance with the conditions of supervision and completion of benchmarks during the term of supervision.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 7), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-24A-24 — SD Code / Title 23 / Chapter 24A / Section 23-24A-24
Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody
Status: in_force

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.
S.D. Codified Laws § 23A-27A-33 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-33
Place for persons and equipment provided at correctional facility
Status: in_force

The Department of Corrections shall arrange for and provide a proper and suitable place at a state correctional facility for the custody of persons awaiting sentence of death and for the execution of the death sentence together with any and all proper equipment and appliances for the infliction of such punishment.

Source: SL 1939, ch 135, § 12; SDC Supp 1960, § 34.37A12; SDCL, § 23-49-21; SL 1979, ch 160, § 35; SL 1989, ch 20, § 68; SL 2023, ch 82, § 42.
S.D. Codified Laws § 23A-9-5 — SD Code / Title 23A / Chapter 9 / Section 23A-9-5
(Rule 12.1(e)) Exception granted to notice requirements
Status: in_force

For good cause shown, a court may grant an exception to any of the requirements of §§ 23A-9-1 to 23A-9-4 , inclusive.

Source: SL 1978, ch 178, § 121.
S.D. Codified Laws § 23A-7-8.1 — SD Code / Title 23A / Chapter 7 / Section 23A-7-8.1
Victim's failure to comment--Effect
Status: in_force

If a victim or his designee fails to exercise the right granted by § 23A-7-8 or 23A-7-9 , the failure is not grounds for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction.

Source: SL 1985, ch 194, § 3.
S.D. Codified Laws § 23A-35A-5 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-5
Circuit judge to authorize interception
Status: in_force

Only a judge of a circuit court of the State of South Dakota may grant orders authorizing the interception of wire, electronic, or oral communications.

Source: SL 1969, ch 158, § 3; SDCL Supp, § 23-13A-5 ; SL 1980, ch 181, § 4; SL 2017, ch 108, § 5.
S.D. Codified Laws § 23A-12-7 — SD Code / Title 23A / Chapter 12 / Section 23A-12-7
(Rule 15(f)) Time of objecting to testimony in deposition--Objections to receiving in evidence
Status: in_force

Objections to deposition testimony or evidence or parts thereof and the grounds for the objection shall be stated at the time of the taking of the deposition. Objections to receiving in evidence a deposition or part thereof may be made on the basis that the conditions of § 23A-12-6 are no longer applicable.

Source: SL 1978, ch 178, § 137.
S.D. Codified Laws § 23-5B-6 — SD Code / Title 23 / Chapter 5B / Section 23-5B-6
Testing laboratory
Status: in_force

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.
S.D. Codified Laws § 23A-28C-7 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-7
Victim or witness assistant--Appointment and compensation
Status: in_force

The board of county commissioners may appoint, with the concurrence of the state's attorney or county sheriff, a victim or witness assistant to assist victims of crime if authorized by the board of county commissioners by resolution entered upon its minutes. The board of county commissioners shall set the compensation for the victim or witness assistant.

Source: SL 1986, ch 192, § 1; SDCL § 22-1-10 ; SL 2005, ch 120, § 366.
S.D. Codified Laws § 23A-22-11 — SD Code / Title 23A / Chapter 22 / Section 23A-22-11
(Rule 28) Appointment and compensation of interpreter
Status: in_force

A court may appoint an interpreter or translator of its own selection and may set reasonable compensation for him.

Source: SL 1978, ch 178, § 296.
S.D. Codified Laws § 23A-27A-26.2 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26.2
Intellectual disability defined
Status: in_force

As used in §§ 23A-27A-26.1 to 23A-27A-26.7 , inclusive, intellectual disability means significant subaverage general intellectual functioning existing concurrently with substantial related deficits in applicable adaptive skill areas. An intelligence quotient exceeding seventy on a reliable standardized measure of intelligence is presumptive evidence that the defendant does not have significant subaverage general intellectual functioning.

Source: SL 2000, ch 112, § 2; SL 2018, ch 148, § 2.
S.D. Codified Laws § 23A-7-12 — SD Code / Title 23A / Chapter 7 / Section 23A-7-12
(Rule 11(e)(5)) Time of notification to court of plea agreement
Status: in_force

Notification to the court of the existence of a plea agreement shall be given at the arraignment or at such other time, prior to trial, as may be fixed by the court.

Source: SL 1978, ch 178, § 103.
S.D. Codified Laws § 23A-27-16 — SD Code / Title 23A / Chapter 27 / Section 23A-27-16
Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record
Status: in_force

Any discharge and dismissal under § 23A-27-14 shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 . The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing such person for subsequent offenses and in determining whether or not, in subsequent proceedings, a person qualifies for suspension under § 23A-27-13 or chapter 22-7 .

Source: SDCL, § 23-57-4; SL 1976, ch 158, § 43-3 ; SL 1977, ch 197; SL 1978, ch 178, § 345.
S.D. Codified Laws § 23A-20-7.1 — SD Code / Title 23A / Chapter 20 / Section 23A-20-7.1
Affirmation permitted in lieu of oath
Status: in_force

Any person required to take an oath pursuant to §§ 15-14-11 , 23A-5-7 , 23A-20-7 , and 23A-25-5.1 , who, having conscientious scruples against oath-taking, shall be allowed to make affirmation. Such person may also substitute the words, "under pains and penalties of perjury," for the words "so help you God."

Source: SL 2007, ch 131, § 5.
S.D. Codified Laws § 23A-23-1 — SD Code / Title 23A / Chapter 23 / Section 23A-23-1
(Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or without motion on close of evidence for either side--Defendant's right to offer evidence after denial of motion
Status: in_force

Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. A court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more offenses charged in an indictment or information after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of the offense or offenses. If a defendant's motion for judgment of acquittal at the close of the evidence offered by the prosecuting attorney is not granted, the defendant may offer evidence without having reserved the right.

Source: SDC 1939 & Supp 1960, § 34.3650; SDCL, § 23-45-5; SL 1978, ch 178, § 297.
S.D. Codified Laws § 23-3-70 — SD Code / Title 23 / Chapter 3 / Section 23-3-70
Immunity from civil liability for certain good faith conduct
Status: in_force

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.
S.D. Codified Laws § 23-1A-9 — SD Code / Title 23 / Chapter 1A / Section 23-1A-9
Resisting service or refusal to give information as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 23A-3-5 — SD Code / Title 23A / Chapter 3 / Section 23A-3-5
Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest
Status: in_force

An arrest is made by an actual or attempted restraint of the person arrested or by his submission to the custody of the person making the arrest. No person shall subject an arrested person to more physical restraint than is reasonably necessary to effect the arrest. Any person making an arrest may take from the arrested person all dangerous weapons and property as defined in § 23A-35-3 which the arrested person may have about his person.

Any law enforcement officer having authority to make an arrest may break open an outer or inner door or window of a dwelling house or other structure for the purpose of making the arrest if, after giving reasonable notice of his intention, he is refused admittance, and if:

(1) The law enforcement officer has obtained an arrest warrant; or

(2) Exigent circumstances justify a warrantless arrest.

Source: SDC 1939 & Supp 1960, §§ 34.1603, 34.1605, 34.1606; SDCL, §§ 23-22-4, 23-22-17, 23-22-18; SL 1978, ch 178, § 18; SL 1985, ch 193.
S.D. Codified Laws § 23-5-1 — SD Code / Title 23 / Chapter 5 / Section 23-5-1
Criminal identifying information--Procurement and filing by attorney general
Status: in_force

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.
S.D. Codified Laws § 23A-27A-26.7 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26.7
Inseparability of §§23A-27A-26.1to23A-27A-26.7, inclusive
Status: in_force

The provisions of §§ 23A-27A-26.1 to 23A-27A-26.7 , inclusive, are essentially and inseparably connected and interdependent.

Source: SL 2000, ch 112, § 7.
S.D. Codified Laws § 23A-28B-44 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-44
No awards before July 1, 1992
Status: in_force

No award of compensation may be made for a crime that occurs before July 1, 1992.

Source: SL 1991, ch 201, § 44; SL 2018, ch 145, § 5.
S.D. Codified Laws § 23-1A-20 — SD Code / Title 23 / Chapter 1A / Section 23-1A-20
Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety
Status: in_force

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.
S.D. Codified Laws § 23A-37-13.1 — SD Code / Title 23A / Chapter 37 / Section 23A-37-13.1
Money from sale to be deposited in law enforcement officers training fund
Status: in_force

Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or firearms pursuant to § 23A-37-13 shall be deposited in the law enforcement officers training fund.

Source: SL 2006, ch 137, § 2.
S.D. Codified Laws § 23-14-9 — SD Code / Title 23 / Chapter 14 / Section 23-14-9
Physician summoned to make examination--Compensation
Status: in_force

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.
S.D. Codified Laws § 23A-21-2 — SD Code / Title 23A / Chapter 21 / Section 23A-21-2
Magistrate pro tempore to replace magistrate disqualified for bias or prejudice
Status: in_force

If a defendant or prosecuting attorney in a criminal action prosecuted by information or complaint in a magistrate court makes an affidavit that he cannot have an impartial trial by reason of the bias or prejudice of the magistrate, the presiding circuit judge of the circuit in which the magistrate court is situated shall appoint a magistrate pro tempore for the trial of such action. The magistrate pro tempore shall preside at the trial and do any other act with reference thereto, as though he were the presiding magistrate of that magistrate court.

Source: SL 1978, ch 178, § 277.
S.D. Codified Laws § 23A-35A-34 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-34
Good faith reliance on court order as complete defense
Status: in_force

A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, or any other law.

Source: SL 1988, ch 194, § 14.
S.D. Codified Laws § 23A-35A-16 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-16
Appropriate use of contents of intercepted communication by investigative or law enforcement officer
Status: in_force

Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived from the contents may use the contents to the extent appropriate to the proper performance of the officer's official duties.

Source: SL 1969, ch 158, § 5 (2); SDCL Supp, § 23-13A-7; SL 1980, ch 181, § 6; SL 2017, ch 108, § 12.
S.D. Codified Laws § 23A-28C-3 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-3
Enforcement of constitutional or statutory rights
Status: in_force

A victim may seek a cause of action for injunctive relief to enforce the victim's rights under S.D. Const., Art. VI, § 29 or this chapter. No other cause of action exists against any person for a failure to comply with the terms of this chapter. If a victim asserts in writing to the court with jurisdiction over the case that a violation of this chapter has occurred, the court shall act promptly to ensure the victim's rights and interests are protected in a manner no less vigorous than the protections afforded to the defendant. The court, in its discretion, may determine if additional hearings or orders are necessary to ensure compliance with the chapter. The court shall clearly enter on the record the reasons for any decision regarding the disposition of a victim's rights. A violation of any right set forth in § 23A-28C-1 does not constitute grounds for an appeal from conviction by a defendant or for any other relief from such conviction.

Source: SL 1991, ch 202, § 3; SL 2018, ch 146, § 2.
S.D. Codified Laws § 23A-16-10 — SD Code / Title 23A / Chapter 16 / Section 23A-16-10
Venue of offense on state boundary water--Change of venue
Status: in_force

When an offense is committed in this state on a boundary water between this state and another state, the venue is in any county which bounds on the body of water. Upon a showing of good cause, the court in which such prosecution is commenced may order the case transferred to any other county bounding on the body of water as is more appropriate under the general venue provisions of § 23A-16-5 .

Source: SDC 1939 & Supp 1960, § 34.0805; SDCL, § 23-9-19; SL 1978, ch 178, § 214.
S.D. Codified Laws § 23A-51-9 — SD Code / Title 23A / Chapter 51 / Section 23A-51-9
Chief defender--Appointment--Duty--Term--Removal
Status: in_force

The commission shall appoint a chief defender by a majority vote. The chief defender shall head and maintain the Office of Indigent Legal Services. The chief defender shall serve for a term of four years. The commission may reappoint the chief defender to successive terms of four years. There are no term limits. The commission may remove the chief defender during an unexpired term by a two-thirds vote of the commission.

Source: SL 2024, ch 95, § 9, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-43-32 — SD Code / Title 23A / Chapter 43 / Section 23A-43-32
Contempt powers of courts unimpaired
Status: in_force

Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt.

Source: SL 1978, ch 178, § 532.
S.D. Codified Laws § 23A-27-33 — SD Code / Title 23A / Chapter 27 / Section 23A-27-33
Duties of court reporter and clerk on execution of sentence to state correctional facility
Status: in_force

It shall be the duty of the court reporter, when directed by the judge, to write the official statements of the judge and state's attorney referred to in § 23A-27-32 .

It shall be the duty of the clerk of the court to cause such official statements to be attached to the certified copy of the judgment of conviction to be delivered by the sheriff to the warden of the state correctional facility at the time of the delivery of the convict.

Source: SDC 1939 & Supp 1960, § 34.3711; SDCL, § 23-48-38; SL 1978, ch 178, § 375; SL 2023, ch 82, § 32.
S.D. Codified Laws § 23A-27A-22.3 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-22.3
Psychiatric report
Status: in_force

Any psychiatric report ordered pursuant to § 23A-27A-22.1 shall be prepared by the psychiatrist designated to conduct the psychiatric examination, shall be filed with the court with copies provided to the counsel for the defendant and to the prosecuting attorney, and shall include:

(1) The defendant's history and present symptoms;

(2) A description of the psychiatric, psychological, and medical tests that were employed and their results; and

(3) The psychiatrist's determination whether the defendant is mentally competent to be executed as defined in § 23A-27A-22.1 .

Source: SL 2008, ch 117, § 12.
S.D. Codified Laws § 23-14-14 — SD Code / Title 23 / Chapter 14 / Section 23-14-14
Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint
Status: in_force

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.
S.D. Codified Laws § 23A-35-3 — SD Code / Title 23A / Chapter 35 / Section 23A-35-3
(Rule 41(b)) Property for which warrant may be issued
Status: in_force

A warrant may be issued under this chapter to search for and seize any:

(1) Property that constitutes evidence of the commission of a criminal offense;

(2) Contraband, the fruits of crime, or things otherwise criminally possessed; or

(3) Property designed or intended for use in, or which is or has been used as the means of, committing a criminal offense.

Source: SDC 1939 & Supp 1960, § 34.1103 (1) to (3); SDCL, §§ 23-15-3 to 23-15-5; SL 1978, ch 178, § 440.
S.D. Codified Laws § 23-24A-9 — SD Code / Title 23 / Chapter 24A / Section 23-24A-9
Escape voids request for final disposition
Status: in_force

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.
S.D. Codified Laws § 23A-27-25.3 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.3
Failure to comply with conditions of suspended sentence--Defendant to show cause
Status: in_force

If a defendant sentenced to be imprisoned or jailed has part or all of the imprisonment or jail time suspended upon conditions that include that he pay a fine, costs, or restitution and fails to comply with any of these conditions, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for failure to comply with the conditions of the sentence. The court may issue a warrant of arrest, bench warrant, or order to show cause for the convicted defendant's appearance.

Source: SL 1989, ch 211, § 6.
S.D. Codified Laws § 23A-5-2 — SD Code / Title 23A / Chapter 5 / Section 23A-5-2
New grand jury ordered after discharge of original jury--Other causes
Status: in_force

If a grand jury is discharged by an allowance of a challenge to the panel, or if an offense is committed during the sitting of the court after the discharge of a grand jury, or if after such discharge a new indictment becomes requisite by reason of an arrest of judgment or by the setting aside of an indictment, or if for any other good and sufficient cause another grand jury may become necessary, a court may in its discretion order that another grand jury be summoned, and the court may to that end make an order to summon another grand jury according to the provisions of chapter 16-13 .

Source: CCrimP 1877, § 175; CL 1887, § 7202; RCCrimP 1903, § 174; RC 1919, § 4668; SDC 1939 & Supp 1960, § 34.1202; SDCL, § 23-29-15; SL 1978, ch 178, § 44.
S.D. Codified Laws § 23-3-30 — SD Code / Title 23 / Chapter 3 / Section 23-3-30
Ex officio members of commission
Status: in_force

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).
S.D. Codified Laws § 23A-27-53 — SD Code / Title 23A / Chapter 27 / Section 23A-27-53
Probation for violation of §22-42-5or22-42-5.1--Treatment--Revocation
Status: in_force

After receiving a plea of guilty for a violation of § 22-42-5 or 22-42-5.1 , a court that has jurisdiction of the defendant may, without entering a judgment of guilt, and with the consent of the defendant, defer the imposition of sentence and place the defendant on probation for a period, terms, and conditions as the court deems best. The conditions shall include that the defendant complete a drug and alcohol evaluation and complete any recommended course of treatment. If after one year, the defendant has successfully completed the course of treatment and complied with all conditions of probation, the court shall dismiss the charge under § 22-42-5 or 22-42-5.1 upon the defendant pleading guilty to ingestion under § 22-42-15 or possession under § 22-42-15.1 . If the defendant violates any conditions of probation, the court shall revoke the deferred imposition of sentence and impose and execute the sentence. No person who has previously been granted a deferred imposition of sentence is eligible to be granted a second deferred imposition of sentence. A defendant is ineligible for the deferred imposition of sentence under this section if aggravating circumstances exist as defined by § 22-6-11 . A defendant serving a sentence under the supervision of the executive branch is not eligible for a deferred imposition of sentence.

Source: SL 2017, ch 92, § 2; SL 2019, ch 116, § 1.
S.D. Codified Laws § 23-26A-8 — SD Code / Title 23 / Chapter 26A / Section 23-26A-8
Uniformity of construction
Status: in_force

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.
S.D. Codified Laws § 23A-35A-12 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-12
Sealing of applications and orders--Custody--Disclosure for good cause
Status: in_force

After the termination of the authorized eavesdropping, applications made and orders granted under this statute shall within ten days be returned to and sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction or as otherwise provided.

Source: SL 1980, ch 181, § 15.
S.D. Codified Laws § 23-24A-20 — SD Code / Title 23 / Chapter 24A / Section 23-24A-20
Limitation on purpose of temporary custody--Type of jail used for prisoner
Status: in_force

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.
S.D. Codified Laws § 23A-32-11 — SD Code / Title 23A / Chapter 32 / Section 23A-32-11
Scope of review when denial of new trial assigned as error
Status: in_force

When an order denying a new trial is assigned as error, the Supreme Court may on such assignment, review all matters properly and timely presented to the trial court by the application for new trial.

Source: SDC 1939 & Supp 1960, § 34.4109; SDCL, § 23-51-17; SL 1978, ch 178, § 389.
S.D. Codified Laws § 23-5A-27 — SD Code / Title 23 / Chapter 5A / Section 23-5A-27
Confidentiality of software and databases used by state laboratory
Status: in_force

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.
S.D. Codified Laws § 23A-47-6 — SD Code / Title 23A / Chapter 47 / Section 23A-47-6
Failure to comply with plan of restitution or plan for financial obligations
Status: in_force

Failure of any individual in this system to comply with the plan of restitution or plan for financial obligations as approved or modified by the court constitutes a violation of the conditions within this system. Without limitation, the court may modify the plan of restitution or financial obligation, extend the period of time for restitution or financial obligation, or continue the individual in the administrative financial accountability system. If the individual fails to make payment as ordered by the court, the individual may be held in contempt of the court's order.

Source: SL 2013, ch 101, § 48, eff. Jan. 1, 2014; SL 2015, ch 142, § 4.
S.D. Codified Laws § 23A-6-27 — SD Code / Title 23A / Chapter 6 / Section 23A-6-27
(Rule 9(b)(1)) Form of warrant--Contents--Endorsement as to bail
Status: in_force

A warrant shall be in the form prescribed by § 23A-2-4 . It shall describe the offense charged in the indictment, and it shall command that the defendant be arrested and brought before the court. The amount of bail, if any, shall be fixed by the court and endorsed on the warrant.

Source: SL 1978, ch 178, § 86; SL 1999, ch 121, § 3.
S.D. Codified Laws § 23A-31-2 — SD Code / Title 23A / Chapter 31 / Section 23A-31-2
(Rule 36) Correction of clerical mistakes
Status: in_force

Clerical mistakes in judgments, orders, or other parts of a record and errors in a record arising from oversight or omission may be corrected by a court at any time and after such notice, if any, as the court orders.

Source: SL 1978, ch 178, § 385.
S.D. Codified Laws § 23A-20-29 — SD Code / Title 23A / Chapter 20 / Section 23A-20-29
Grounds for excuse of juror during trial
Status: in_force

If, before the jury retires, a juror or alternate or a member of his immediate family dies, or if he or a member of his immediate family becomes ill, or upon other good cause shown to the court, the court may order him discharged.

Source: SDC 1939 & Supp 1960, § 34.3607; SL 1963, ch 227; SDCL, § 23-43-24; SL 1978, ch 178, § 260; SL 1979, ch 159, § 50.
S.D. Codified Laws § 23A-35B-1 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Assault," an offense described in § 22-18-1 , in which the facts show a possibility of exchange of bodily fluids;

(2) "Blood-borne pathogens," any of a family of pathogenic micro-organisms that are present in and may be transmitted by human blood, including hepatitis B and HIV;

(3) "Crime of violence," any of the offenses described in subdivision 22-1-2(9);

(4) "Defendant," a person as described in subdivision 23A-45-9(4);

(5) "Emergency medical services person," a person who renders emergency care or assistance including:

(a) A person employed or receiving compensation to provide out-of-hospital emergency medical services such as a firefighter, paramedic, emergency medical technician, licensed nurse, rescue squad person, or other person who serves as an employee or volunteer of an ambulance service or other first responder, who provides out-of-hospital emergency medical services during the performance of the person's duties;

(b) A person employed as a law enforcement officer;

(c) A person employed as a coroner or a funeral director;

(d) A person employed as a forensic crime laboratory worker while working outside the laboratory and involved in a criminal investigation; or

(e) A person who renders emergency care or assistance at the scene of an emergency or while an injured person is being transported to receive medical care and who is acting as an unpaid volunteer also known as a good samaritan;

(6) "HIV," the human immunodeficiency virus or any other identified causative agent of acquired immune deficiency syndrome (AIDS);

(7) "Juvenile," a minor charged in juvenile court with being a delinquent child as the result of actions that would constitute a sexual assault, an assault or a crime of violence in criminal court;

(8) "Law enforcement officer," any person described in subdivision 23A-45-9(9) or (14);

(9) "Sexual assault," an offense described in chapter 22-22 in which the facts show a possibility of exchange of bodily fluids;

(10) "Source individual," any person, living or dead, whose blood, tissue, or potentially infectious body fluids may be a source of blood-borne pathogen exposure to an emergency medical services person;

(11) "Test," "testing," any medically recognized test for determining the presence of blood-borne pathogens; and

(12) "Victim," any person who is the direct subject of an alleged act which would constitute a crime of violence as defined by subdivision 22-1-2(9), a violation of chapter 22-22 , an assault as defined by § 22-18-1 , a violation of § 22-18-26 , or a motor vehicle accident which involved a violation of chapter 32-23 or the parent or guardian of such a person if the person is under age eighteen. Except for § 23A-35B-3 , a victim also includes any emergency medical services person who has potentially been exposed to a blood-borne pathogen while rendering aid to a source individual. If a victim is unable to make a request, a member of the victim's immediate family may make such request upon the victim's behalf.

Source: SL 1991, ch 203, § 1; SL 1992, ch 172, § 1; SL 1993, ch 184, § 1; SL 2002, ch 121, § 1; SL 2010, ch 132, § 1.
S.D. Codified Laws § 23A-6-20 — SD Code / Title 23A / Chapter 6 / Section 23A-6-20
Amendment to correct name of defendant
Status: in_force

When a defendant is prosecuted by a fictitious name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, with reference to the fact that he was prosecuted by the name mentioned in the indictment, information, or complaint. When a defendant is prosecuted by an erroneous name, and in any stage of the proceedings his correct name is discovered, it must be inserted in the subsequent proceedings without reference to the fact that he was prosecuted by any other name.

Source: Supreme Court Rule 369, 1939; SDC 1939 & Supp 1960, § 34.3012; SDCL, § 23-32-13; SL 1978, ch 178, § 78.
S.D. Codified Laws § 23-3-37 — SD Code / Title 23 / Chapter 3 / Section 23-3-37
Acceptance of donations and grants--Report and deposit
Status: in_force

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).
S.D. Codified Laws § 23A-14A-3 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-3
Issuance of order to attend
Status: in_force

If at the hearing the judge determines:

(1) That the witness may be material and necessary;

(2) That the witness's attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness;

(3) That the laws of the state in which the witness is required to testify will give the witness protection from arrest and the service of civil and criminal process because of any act committed prior to the witness's arrival in the state under the order; and

(4) That as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which the witness may pass; the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce the witness in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and prescribing such conditions as the judge shall determine.

Source: SL 2002, ch 119, § 3.
S.D. Codified Laws § 23A-14-15 — SD Code / Title 23A / Chapter 14 / Section 23A-14-15
Hearing on certification from another state as to witness required from this state
Status: in_force

If a judge of a court of record in any state which by its laws has made provisions commanding persons within that state to attend and testify in this state, certifies under the seal of such court that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person in this state is a material witness in such prosecution or grand jury investigation, and that his presence will be required for a specified number of days, a South Dakota circuit judge of the county in which such person is, shall, upon presentation of such certificate, fix a time and place for a hearing, and shall make an order directing the witness to appear at the hearing.

Source: SDC 1939 & Supp 1960, § 34.2502; SDCL, § 23-40-15; SL 1978, ch 178, § 187.
S.D. Codified Laws § 23-13-1 — SD Code / Title 23 / Chapter 13 / Section 23-13-1
Prevention of offenses by officers of justice--Methods
Status: in_force

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.
S.D. Codified Laws § 23A-13-2 — SD Code / Title 23A / Chapter 13 / Section 23A-13-2
(Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request
Status: in_force

Upon written request of the defendant, the prosecuting attorney shall furnish to the defendant such copy of his prior criminal record, if any, as is within the possession, custody, or control of the prosecuting attorney, and the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney.

Source: SL 1978, ch 178, § 142.
S.D. Codified Laws § 23A-4-6 — SD Code / Title 23A / Chapter 4 / Section 23A-4-6
(Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received
Status: in_force

If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the committing magistrate shall forthwith hold him to answer in the trial court of the county having jurisdiction of the offense. The defendant may cross - examine witnesses against him and may introduce evidence in his own behalf. The rules of evidence shall apply, except that an objection to evidence on the ground that it was acquired by unlawful means is not properly made at the preliminary hearing. Motions to suppress such evidence must be made to the trial court as provided in §§ 23A-8-3 to 23A-8-9 , inclusive.

Source: SDC 1939 & Supp 1960, §§ 34.1404, 34.1407; SDCL, §§ 23-27-9, 23-27-16; SL 1978, ch 178, § 41; SL 1979, ch 159, § 2.
S.D. Codified Laws § 23A-23-4 — SD Code / Title 23A / Chapter 23 / Section 23A-23-4
Renewal of motion not required for review on appeal
Status: in_force

Once a motion for judgment of acquittal is made it need not be renewed to be reviewed on appeal.

Source: SL 1978, ch 178, § 300.
S.D. Codified Laws § 23A-13-10 — SD Code / Title 23A / Chapter 13 / Section 23A-13-10
Kinds of prior statements subject to discovery by defendant
Status: in_force

The term "statement" as used in §§ 23A-13-7 to 23A-13-9 , inclusive, in relation to any witness called by the prosecuting attorney, means:

(1) A written statement made by such witness and signed or otherwise adopted or approved by him;

(2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by such witness and recorded contemporaneously with the making of such oral statement;

(3) A statement, however taken or recorded, or a transcription thereof, if any, made by such witness to a grand jury;

(4) A summary of an oral declaration made by someone other than the witness that has been reduced to writing, except for a summary written by a prosecuting attorney.

Source: SL 1978, ch 178, § 148-B; SL 1979, ch 159, § 10B; SL 2018, ch 290 (Supreme Court Rule 17-11), eff. Sept. 1, 2017.
S.D. Codified Laws § 23A-40-10 — SD Code / Title 23A / Chapter 40 / Section 23A-40-10
Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien
Status: in_force

If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the state, county, or municipal treasurer, to be placed in the state, county, or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7 (1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A , 26-8A , 26-8B , and 26-8C . The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant.

Source: SL 1979, ch 159, § 40; SL 1983, ch 192, § 1; SL 1997, ch 146, § 1; SL 2001, ch 123, § 1; SL 2024, ch 94, § 3.
S.D. Codified Laws § 23A-51-6 — SD Code / Title 23A / Chapter 51 / Section 23A-51-6
Commission on Indigent Legal Services--Duties--Promulgation of rules
Status: in_force

(1) Appoint a chief defender to head the Office of Indigent Legal Services, as provided in § 23A-51-9 ;

(2) Explore mechanisms for the state to ensure adequate funding for indigent representation services statewide, including state and local governments sharing the cost of such services;

(3) Advocate for resources and policies necessary to ensure effective indigent representation services statewide; and

(4) Promulgate rules pursuant to chapter 1-26 to:

(a) Establish minimum training standards, maximum caseloads allowed, and procedures to reassign conflict cases;

(b) Monitor, evaluate, and enforce compliance with the standards established in subsection (4)(a);

(c) Establish hourly rates and travel reimbursement rates for attorneys appointed or contracted by the Office of Indigent Legal Services that are comparable to those paid to other attorneys for similar case types;

(d) Provide auditing and monitoring of billings for private appointed attorneys and vendor compensation to standardize compensation rates established in subsection (4)(c); and

(e) Provide for the collection of data from state and local systems to inform the oversight duties of the commission.

Source: SL 2024, ch 95, § 6, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-14-13 — SD Code / Title 23A / Chapter 14 / Section 23A-14-13
Record of John Doe testimony--Warrant for arrest of offender
Status: in_force

The testimony of a witness attending pursuant to § 23A-14-11 shall be reduced to writing by the committing magistrate or some person under his direction. If the offense complained of appears to have been committed, a warrant for the arrest of the offender shall be issued and further proceedings shall then be had as provided by law.

Source: SDC 1939 & Supp 1960, § 34.0901; SDCL, § 23-20-11; SL 1978, ch 178, § 484.
S.D. Codified Laws § 23A-51-4 — SD Code / Title 23A / Chapter 51 / Section 23A-51-4
Commission on Indigent Legal Services--Member removal--Vacancy
Status: in_force

The commission may remove a member for good cause by a two-thirds vote of the commission. The appointing authority that made the initial appointment shall appoint a member to fill the vacancy for the length of the unexpired term.

Source: SL 2024, ch 95, § 4, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-28B-12 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-12
Furnishing application forms
Status: in_force

The department shall furnish law enforcement agencies with victims' compensation application forms. A law enforcement agency investigating a crime shall provide forms to any person who may be eligible to file a claim pursuant to this chapter.

Source: SL 1991, ch 201, § 12.
S.D. Codified Laws § 23-24B-3 — SD Code / Title 23 / Chapter 24B / Section 23-24B-3
Written request required--Contents--Copy of arrest warrant and judgment--Sworn statement from reservation judicial officer
Status: in_force

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.
S.D. Codified Laws § 23-3-28 — SD Code / Title 23 / Chapter 3 / Section 23-3-28
Law Enforcement Officers Standards Commission--Appointment--Terms of members
Status: in_force

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.
S.D. Codified Laws § 23A-27A-32 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-32
Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to secretary of corrections or designee without prescription
Status: in_force

The punishment of death must be inflicted within the walls of some building at a state correctional facility. The punishment of death must be inflicted by the intravenous injection of a substance or substances in a lethal quantity. The secretary of corrections or a designee of the secretary shall determine the substances and the quantity of substances used for the punishment of death. Only persons trained to administer the injection, selected by the secretary or a designee of the secretary, may perform an execution carried out by intravenous injection. The persons administering the intravenous injection need not be physicians, registered nurses, licensed practical nurses, or other medical professionals licensed or registered under the laws of this or any other state. Any infliction of the punishment of death by intravenous injection of a substance or substances in the manner required by this section may not be construed to be the practice of medicine. Any pharmacist or pharmaceutical supplier is authorized to dispense to the secretary or a designee of the secretary the substance or substances used to inflict the punishment of death without prescription, for carrying out the provisions of this section, notwithstanding any other provision of law.

Source: SL 1939, ch 135, § 11; SDC Supp 1960, § 34.37A11; SDCL § 23-49-20; SL 1979, ch 160, § 34; SL 1984, ch 181; SL 2007, ch 151, § 1; SL 2008, ch 117, § 26; SL 2023, ch 82, § 40.
S.D. Codified Laws § 23A-27-20.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-20.1
Modification of terms and conditions of probation
Status: in_force

The court, upon notice to the probationer, a hearing and good cause, shown, may modify the terms and conditions of a probation which may include extending the probationary period.

Source: SL 1979, ch 159, § 20B.
S.D. Codified Laws § 23A-51-13 — SD Code / Title 23A / Chapter 51 / Section 23A-51-13
Commission of Indigent Legal Services subject to chapter1-26
Status: in_force

The Commission on Indigent Legal Services is subject to chapter 1-26 . The commission shall serve a copy of a proposed rule and any publication described in § 1-26 -6.6 upon the chair of the commission to which it is attached for the chair's written approval to proceed. After receiving the written approval of the chair, the commission shall serve the director of the Legislative Research Council and the commissioner of the Bureau of Finance and Management as required pursuant to subdivision 1-26 -4(2).

Source: SL 2024, ch 95, § 13, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-37-5 — SD Code / Title 23A / Chapter 37 / Section 23A-37-5
Time of hearing on claim for return of seized property
Status: in_force

All claims for the return of seized property shall be set for a hearing which shall be held not less than five nor more than thirty days after the filing of the first claim.

Source: SL 1978, ch 178, § 467.
S.D. Codified Laws § 23A-16-9 — SD Code / Title 23A / Chapter 16 / Section 23A-16-9
Venue of offense on or near county boundary
Status: in_force

When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the venue is in either county.

Source: SDC 1939 & Supp 1960, § 34.0804; SDCL, § 23-9-18; SL 1978, ch 178, § 211.
S.D. Codified Laws § 23A-13-1 — SD Code / Title 23A / Chapter 13 / Section 23A-13-1
(Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants
Status: in_force

Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph:

(1) Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody, or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney;

(2) The substance of any oral statement, which the prosecuting attorney intends to offer in evidence at the trial, made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be an employee of a law enforcement agency; and

(3) Notwithstanding § 23A-5-16 , recorded testimony of the defendant before a grand jury which relates to the offense charged.

Where the defendant is a corporation, partnership, association, or labor union, the court may grant the defendant, upon its motion, discovery of relevant recorded testimony of any witness before a grand jury who was, at the time of his testimony, so situated as an officer or employee as to have been able legally to bind the defendant in respect to conduct constituting the offense, or who was at the time of the offense, personally involved in the alleged conduct constituting the offense and so situated as an officer or employee as to have been able legally to bind the defendant in respect to that alleged conduct in which he was involved.

Source: SL 1978, ch 178, § 140.
S.D. Codified Laws § 23-6-3 — SD Code / Title 23 / Chapter 6 / Section 23-6-3
Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation
Status: in_force

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.
S.D. Codified Laws § 23A-49-17 — SD Code / Title 23A / Chapter 49 / Section 23A-49-17
Answer by party in interest
Status: in_force

Within thirty days after the service of the notice pursuant to § 23A-49-14 or 23A-49-15 , the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings.

Source: SL 2016, ch 138, § 17.
S.D. Codified Laws § 23A-35B-9 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-9
Time for HIV testing
Status: in_force

After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for testing and forward them to the Department of Health. The Department of Health shall initiate the test for HIV within forty-eight hours after the department receives the blood sample. If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.

Source: SL 2012, ch 134, § 2.
S.D. Codified Laws § 23A-40-16 — SD Code / Title 23A / Chapter 40 / Section 23A-40-16
Correction of mistake in lien record at request of adversely affected person
Status: in_force

If, in the record of a lien made under the provisions of this chapter, the name of the person or persons for whose benefit any payment was made, or the name of a person or persons against whose property a lien may appear to have been created, is shown or stated to have been made by mistake or incorrectly or in such manner as not to identify easily the owner or owners of property, or the amount of such lien is incorrectly stated or recorded, any person whose interests are adversely affected thereby may apply to the board of county commissioners for correction of the record to conform to the facts. The board may grant the relief sought and direct the correction of the record accordingly.

Source: SL 1979, ch 159, § 38.
S.D. Codified Laws § 23A-44-1 — SD Code / Title 23A / Chapter 44 / Section 23A-44-1
(Rule 47) Application for order to be by motion--When writing required--Contents--Supporting affidavit
Status: in_force

An application to a court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by an affidavit.

Source: SL 1978, ch 178, § 534.
S.D. Codified Laws § 23-26A-9 — SD Code / Title 23 / Chapter 26A / Section 23-26A-9
Severability of provisions
Status: in_force

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.
S.D. Codified Laws § 23A-3-32 — SD Code / Title 23A / Chapter 3 / Section 23A-3-32
Effect of order of expungement
Status: in_force

The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person's arrest or indictment or information. No person as to whom an order of expungement has been entered shall be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of the person's failure to recite or acknowledge the person's arrest, indictment or information, or trial in response to any inquiry made of the person for any purpose.

Source: SL 2010, ch 126, § 7.
S.D. Codified Laws § 23A-42-1 — SD Code / Title 23A / Chapter 42 / Section 23A-42-1
No limitation on prosecution for Class A, Class B, or Class C felonies
Status: in_force

There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.

Source: SDC 1939 & Supp 1960, § 34.0701; SDCL, § 23-8-1; SL 1978, ch 178, § 500; SL 1981, ch 186, § 2; SL 2005, ch 120, § 149.
S.D. Codified Laws § 23-14-1 — SD Code / Title 23 / Chapter 14 / Section 23-14-1
Duty of coroner to inquire into cause of death
Status: in_force

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.
S.D. Codified Laws § 23A-43-15 — SD Code / Title 23A / Chapter 43 / Section 23A-43-15
Appeal to Supreme Court for amendment of conditions of release--Disposition by court
Status: in_force

In any case in which a defendant is detained after a court denies a motion under § 23A-43-14 to amend an order imposing conditions of release, or after conditions of release have been imposed or amended by a judge of the court having original jurisdiction over the offense charged, an appeal may be taken to the Supreme Court. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not so supported, the Supreme Court may remand the case for a further hearing, or may, with or without additional evidence, order the defendant released pursuant to §§ 23A-43-2 and 23A-43-3 .

Source: SL 1978, ch 178, § 516.
S.D. Codified Laws § 23A-27A-7 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-7
Sentence of death--Copies of judgment provided to officials
Status: in_force

Upon a verdict or judgment of death made by a jury or a judge, the judge presiding at the trial shall sentence the convicted person to death and make the sentence in writing. The judgment of death shall be filed with the papers in the case against the convicted person and certified copies provided to the Governor, the secretary of corrections, the sheriff of the county where the crime was committed, and the warden.

Source: SL 1979, ch 160, § 8; SL 2008, ch 117, § 1.
S.D. Codified Laws § 23A-27A-26 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26
Defendant mentally competent to be executed--Warrant of death sentence and execution--Time of execution
Status: in_force

If the sentencing court determines the defendant is mentally competent to be executed, the sentencing court shall certify the fact to the Governor, the secretary of corrections, and the warden having custody of the defendant. The sentencing court, upon determination the defendant is mentally competent to be executed, shall issue a warrant of death sentence and execution appointing a week beginning within a period of not less than thirty nor more than ninety days from the date of the warrant, for the execution of the defendant pursuant to the defendant's sentence unless the sentence has been commuted or the defendant pardoned. In no case may the appointed week of execution be sooner than the week appointed by the sentencing court pursuant to § 23A-27A-15 .

Source: SL 1939, ch 135, § 8; SDC Supp 1960, § 34.37A08; SDCL § 23-49-14; SL 1979, ch 160, § 28; SL 2008, ch 117, § 16.
S.D. Codified Laws § 23A-32-20 — SD Code / Title 23A / Chapter 32 / Section 23A-32-20
Time for appeal by personal representative of deceased defendant's estate
Status: in_force

The personal representative of a deceased defendant's estate, if substituted as a party pursuant to chapter 23A-27 , may commence an appeal on behalf of the defendant subject to the time limits of § 23A-32-15 .

Source: SL 2008, ch 116, § 3.
S.D. Codified Laws § 23A-2-8 — SD Code / Title 23A / Chapter 2 / Section 23A-2-8
(Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for violation of local ordinance or bylaw
Status: in_force

Except as provided in this section and § 23A-3-7 , a warrant may be executed or a summons may be served at any place within the state.

A warrant or summons issued for the violation of a municipal ordinance may be executed or served at any place within a county in which such municipality is located, except that a warrant or summons issued for a parking violation may be executed or served only within the territorial jurisdiction of such unit of local government.

Source: SL 1978, ch 178, § 11; SL 1979, ch 159, § 1A.
S.D. Codified Laws § 23A-13-8 — SD Code / Title 23A / Chapter 13 / Section 23A-13-8
Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant
Status: in_force

If the prosecuting attorney claims that any statement ordered to be produced under §§ 23A-13-6 to 23A-13-10 , inclusive, contains matter which does not relate to the subject matter of the testimony of the witness, the court shall order the prosecuting attorney to deliver such statement for the inspection of the court in camera. Upon such delivery the court shall excise the portions of such statement which do not relate to the subject matter of the testimony of the witness. With such material excised, the court shall then direct delivery of such statement to the defendant for his use. If, pursuant to such procedure, any portion of such statement is withheld from the defendant and the defendant objects to such withholding, and the trial is continued to an adjudication of the guilt of the defendant, the entire text of such statement shall be preserved by the prosecuting attorney and, in the event the defendant appeals, shall be made available to the appellate court for the purpose of determining the correctness of the ruling of the trial judge. Whenever any statement is delivered to a defendant pursuant to this section, the court in its discretion, upon application of the defendant, may recess proceedings in the trial for such time as it may determine to be reasonably required for the examination of the statement by the defendant and his preparation for its use in the trial.

Source: SL 1978, ch 178, § 148.
S.D. Codified Laws § 23-3-39.9 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.9
Response to resistance training
Status: in_force

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.
S.D. Codified Laws § 23A-39-1 — SD Code / Title 23A / Chapter 39 / Section 23A-39-1
(Rule 43 (a)) Presence required at all times except as provided
Status: in_force

A defendant shall be present at his arraignment, at the time of his plea, at every stage of his trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as provided by §§ 23A-39-2 and 23A-39-3 .

Source: SDC 1939 & Supp 1960, §§ 34.3501, 34.3602; SDCL, §§ 23-35-2, 23-42-1; SL 1978, ch 178, § 485.
S.D. Codified Laws § 23A-27-24 — SD Code / Title 23A / Chapter 27 / Section 23A-27-24
Execution against property of organization for collection of fine--Duty of officers to pay
Status: in_force

When a fine is imposed upon an organization, it may be collected by virtue of the sentence imposing it, by the sheriff of the county, out of the real and personal property of the organization, in the same manner as upon execution in a civil action. It is the duty of the individuals authorized to make disbursements of the assets of the organization to pay the fine.

Source: SDC 1939 & Supp 1960, § 34.3805; SDCL, § 23-48-25; SL 1978, ch 178, § 366.
S.D. Codified Laws § 23A-28C-13 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-13
Victim request for notification
Status: in_force

The victim may request to be notified by the Department of Corrections through the SAVIN system if:

(1) The offender is considered for early final discharge or partial early final discharge from parole;

(2) The offender is placed on or removed from work release, a global positioning system, or a community transition program; or

(3) The offender on parole absconds supervision.

Source: SL 2014, ch 116, § 5; SL 2017, ch 107, § 5.
S.D. Codified Laws § 23A-28C-12 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-12
Notice of discretionary parole hearing--Contents
Status: in_force

The Department of Corrections, through the SAVIN system, shall provide notice to the victim before the date of a discretionary parole hearing. The notice shall provide the inmate's parole eligibility date and the parole hearing date. The notice shall advise the victim that the victim may be present at the hearing and may state an opinion regarding the possible parole of the inmate.

Source: SL 2014, ch 116, § 4; SL 2017, ch 107, § 4.
S.D. Codified Laws § 23-3-18.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-18.1
Guidelines and procedures for reporting and investigation of missing persons, murdered indigenous women and children, and runaways--Training programs
Status: in_force

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.
S.D. Codified Laws § 23A-13-12 — SD Code / Title 23A / Chapter 13 / Section 23A-13-12
(Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution
Status: in_force

If the defendant requests disclosure under § 23A-13-3 or 23A-13-4 , upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in chief at the trial.

Source: SL 1978, ch 178, § 151.
S.D. Codified Laws § 23-24-28 — SD Code / Title 23 / Chapter 24 / Section 23-24-28
Fugitives from this state--Governor to issue warrant
Status: in_force

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.
S.D. Codified Laws § 23A-6-30 — SD Code / Title 23A / Chapter 6 / Section 23A-6-30
(Rule 9(c)(2)) Return of warrant or summons to court--Cancellation or delivery to another of unexecuted warrant or summons
Status: in_force

A law enforcement officer executing a warrant shall make return thereof to the court. At the request of a prosecuting attorney any unexecuted warrant may be returned and canceled by the court. On or before the return day the person to whom a summons was delivered for service shall make a return thereof. At the request of a prosecuting attorney made at any time while an indictment is pending, a warrant returned unexecuted and not canceled or a summons returned unserved, or a duplicate thereof, may be delivered to a law enforcement officer or other person for execution or service.

Source: SL 1978, ch 178, § 89; SL 1999, ch 121, § 5.
S.D. Codified Laws § 23A-36-10 — SD Code / Title 23A / Chapter 36 / Section 23A-36-10
Order for destruction of obscene material seized
Status: in_force

Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter in respect whereof the accused stands convicted, and which remains in the possession or under the control of the prosecuting attorney or any law enforcement agency, to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.

Source: SL 1968, ch 29, § 12; SDCL Supp, § 22-24-23; SL 1974, ch 165, § 16; SDCL Supp, § 22-24-51; SL 1978, ch 178, § 461.
S.D. Codified Laws § 23A-6-6 — SD Code / Title 23A / Chapter 6 / Section 23A-6-6
Additional allegations not required against accessory before fact
Status: in_force

No additional facts need be alleged in an indictment or information against an accessory before the fact than are required in an indictment against his principal.

Source: SDC 1939 & Supp 1960, § 34.0504; SDCL, § 23-10-4; SL 1978, ch 178, § 66.
S.D. Codified Laws § 23-3-48 — SD Code / Title 23 / Chapter 3 / Section 23-3-48
Legislative finding of necessity for law enforcement training center and other law enforcement facilities
Status: in_force

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.
S.D. Codified Laws § 23A-17-6 — SD Code / Title 23A / Chapter 17 / Section 23A-17-6
(Rule 21(b)) Change of county for convenience on consent of parties
Status: in_force

Upon the consent of both parties and for the convenience of parties and witnesses, and in the interest of justice, a court may transfer proceedings or any one or more of the counts thereof to another county.

Source: SL 1978, ch 178, § 226.
S.D. Codified Laws § 23-5A-15 — SD Code / Title 23 / Chapter 5A / Section 23-5A-15
Mistaken collection or placement of sample does not invalidate sample's use in database
Status: in_force

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.
S.D. Codified Laws § 23-3-18.2 — SD Code / Title 23 / Chapter 3 / Section 23-3-18.2
Collection and sharing of information on missing and murdered indigenous persons
Status: in_force

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.
S.D. Codified Laws § 23A-28-8 — SD Code / Title 23A / Chapter 28 / Section 23A-28-8
Failure to comply as violation of conditions of probation--Modification of plan by court--Contempt
Status: in_force

Failure of the defendant to comply with § 23A-28-3 or to comply with the plan of restitution as approved or modified by the court constitutes a violation of the conditions of probation. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, regardless of whether the defendant is no longer on probation. If the defendant fails to make payment as ordered by the court, the defendant may be held in contempt of the court's order.

Source: SL 1978, ch 177, § 4; SDCL Supp, § 23-48A-6; SL 1978, ch 178, § 360; SL 2001, ch 121, § 1.
S.D. Codified Laws § 23A-27A-28 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-28
Suspension of sentence if defendant pregnant
Status: in_force

If the examination under § 23A-27A-27 finds that the defendant is pregnant the execution of the sentence shall be suspended by the sentencing court. The defendant may not be executed until a new warrant of death sentence and execution is received from the sentencing court so directing.

Source: SL 1939, ch 135, § 9; SDC Supp 1960, § 34.37A09; SDCL § 23-49-16; SL 1979, ch 160, § 30; SL 2008, ch 117, § 20.
S.D. Codified Laws § 23A-49-9 — SD Code / Title 23A / Chapter 49 / Section 23A-49-9
Time for instituting proceedings
Status: in_force

If a seizure pursuant to § 23A-49-7 or subdivisions 23A-49-8(1), (3), or (4) occurs, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to § 23A-49-14 or 23A-49-15 .

Source: SL 2016, ch 138, § 9.
S.D. Codified Laws § 23A-51-1 — SD Code / Title 23A / Chapter 51 / Section 23A-51-1
Definitions
Status: in_force

(1) "Attorney," a person licensed to practice law in this state as provided in chapter 16-16 , with active membership and in good standing of the State Bar of South Dakota;

(2) "Chief defender," the attorney appointed by the commission to head the Office of Indigent Legal Services;

(3) "Commission," the Commission of Indigent Legal Services;

(4) "Effective assistance of counsel," legal defense services in a criminal case that comply with the standards required by state and federal law;

(5) "Indigent," a person who does not have sufficient money, credit, or property to employ an attorney and pay for the necessary expenses of representation;

(6) "Indigent representation services," legal defense services provided by an attorney to an indigent person where there is a right to counsel under state or federal law;

(7) "Office of Indigent Legal Services," or "office," a state government entity that provides direct indigent representation services and implements the objectives of the commission;

(8) "Private appointed attorney," an attorney who is not employed by the government and who provides indigent representation services; and

(9) "Public defender," an attorney employed by the government who provides indigent representation services.

Source: SL 2024, ch 95, § 1, eff. Mar. 18, 2024.
S.D. Codified Laws § 23-5B-5 — SD Code / Title 23 / Chapter 5B / Section 23-5B-5
Preservation of evidence in state custody
Status: in_force

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.
S.D. Codified Laws § 23-24-17 — SD Code / Title 23 / Chapter 24 / Section 23-24-17
Commitment to await requisition
Status: in_force

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.
S.D. Codified Laws § 23A-35-8 — SD Code / Title 23A / Chapter 35 / Section 23A-35-8
Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant
Status: in_force

The officer executing a search warrant may break open any building, structure, or container or anything therein to execute the warrant if, after giving notice of his authority and purpose, he is refused admittance. An officer executing a search warrant may break open any building, structure, or container or anything therein for the purpose of liberating a person who, having entered to aid him in the execution of a warrant, is detained therein, or when necessary for his own liberation.

Source: SDC 1939 & Supp 1960, § 34.1107; SDCL, §§ 23-15-14, 23-15-15; SL 1978, ch 178, § 445.
S.D. Codified Laws § 23-3-42.2 — SD Code / Title 23 / Chapter 3 / Section 23-3-42.2
Unified Judicial System to provide access to juvenile adjudications and dispositions
Status: in_force

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.
S.D. Codified Laws § 23A-25-11 — SD Code / Title 23A / Chapter 25 / Section 23A-25-11
New trial when jury discharged before verdict
Status: in_force

In all cases where a jury is discharged or prevented from giving a verdict, by reason of an accident or other cause except where the defendant is discharged during the progress of the trial or after the case is submitted to them, the case may be again tried at the same or another term, as the court may direct.

Source: SDC 1939 & Supp 1960, § 34.3658; SDCL, § 23-42-9; SL 1978, ch 178, § 318.
S.D. Codified Laws § 23A-20-26 — SD Code / Title 23A / Chapter 20 / Section 23A-20-26
Peremptory challenges exercised as in civil trials
Status: in_force

When prospective jurors are called for examination pursuant to § 23A-20-4 , peremptory challenges shall be exercised in the same manner prescribed in § 15-14-10 .

Source: SL 1978, ch 178, § 257; Supreme Court Rule 97-40.
S.D. Codified Laws § 23A-45-7 — SD Code / Title 23A / Chapter 45 / Section 23A-45-7
(Rule 54(b)(5)) Proceedings to which title not applicable
Status: in_force

This title is not applicable to the following proceedings in the South Dakota Codified Laws:

(1) Chapter 21-27 , habeas corpus;

(2) Chapter 23-13 , prevention and investigation of crimes;

(3) Chapter 23A-35A , interception of communications;

(4) Chapter 23-14 , coroners' inquests;

(5) Chapter 23-24 , extradition proceedings;

(6) Chapter 23-24A , interstate agreement on detainers;

(7) Chapter 24-13 , Board of Pardons and Paroles;

(8) Chapter 24-14 , executive clemency;

(9) Chapter 24-15 , paroles from the penitentiary;

(10) Chapter 24-16 , interstate parolee supervision;

(11) Chapter 26-11 , criminal proceedings against minors.

Source: SL 1978, ch 178, § 540; SL 1985, ch 15, § 35.
S.D. Codified Laws § 23A-27-18.7 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18.7
Inmate under suspended sentence considered parolee
Status: in_force

If an inmate is under the supervision of the Department of Corrections and the Board of Pardons and Paroles as directed in §§ 23A-27-18.4 and 23A-27-19 , the inmate is considered a parolee and is governed by the supervision and revocation provisions of chapters 24-15 and 24-15A .

Source: SL 2016, ch 137, § 3.
S.D. Codified Laws § 23A-28A-14 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-14
Acts by accused or convicted person to defeat purpose of chapter void
Status: in_force

Any action taken by any person accused or convicted of a crime, whether by way of execution of a power of attorney, creation of corporate entities or otherwise, to defeat the purpose of this chapter is void as against the public policy of this state.

Source: SL 1982, ch 184, § 12.
S.D. Codified Laws § 23A-43-2 — SD Code / Title 23A / Chapter 43 / Section 23A-43-2
Release of defendant on personal recognizance or unsecured bond--Exceptions
Status: in_force

Except for a defendant charged with an offense punishable by death or a defendant who is currently released on personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court be ordered released pending trial on his personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the committing magistrate or court, unless the magistrate or court determines in the exercise of his discretion, that such a release will not reasonably assure the appearance of the defendant as required or that the defendant may pose a danger to any other person or to the community.

Source: SL 1978, ch 178, § 506; SL 1980, ch 183, § 1; SL 1982, ch 187.
S.D. Codified Laws § 23-14-20 — SD Code / Title 23 / Chapter 14 / Section 23-14-20
Certificate prepared by coroner
Status: in_force

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.
S.D. Codified Laws § 23A-43-17 — SD Code / Title 23A / Chapter 43 / Section 23A-43-17
(Rule 46(c)) Burden of proof as to risk of flight or danger
Status: in_force

On a motion pursuant to § 23A-43-16 , the burden of establishing that a defendant will not flee or pose a danger to any other person or to the community rests with the defendant.

Source: SL 1978, ch 178, § 518; SL 1985, ch 200, § 3.
S.D. Codified Laws § 23A-28B-42 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-42
Compensation surcharge for certain crimes--Waiver
Status: in_force

In any criminal action for a violation of state law or county or municipal ordinance, in addition to any other liquidated cost, penalty, assessment, surcharge, or fine provided by law, there shall be levied a crime victims' compensation surcharge on each Class 2 misdemeanor, Class 1 misdemeanor, or felony conviction of five dollars.

However, the surcharge imposed by this section does not apply to violations relating to parking of vehicles. In a case of clear financial hardship when a fine is suspended in whole or in part, the surcharge provided for in this section may be waived.

Source: SL 1991, ch 201, § 42; SL 2018, ch 145, § 6.
S.D. Codified Laws § 23-3-39.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.1
Airport security training to be provided--Maximum duration
Status: in_force

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.
S.D. Codified Laws § 23A-5-3 — SD Code / Title 23A / Chapter 5 / Section 23A-5-3
(Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge
Status: in_force

Either the prosecuting attorney or a defendant may challenge the array of grand jurors on the ground that a grand jury was not selected, drawn or summoned in accordance with law and may challenge an individual grand juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be tried by the circuit court.

Source: SDC 1939 & Supp 1960, §§ 34.1204, 34.1205; SDCL, §§ 23-29-2, 23-29-5; SL 1978, ch 178, § 46.
S.D. Codified Laws § 23A-46-4 — SD Code / Title 23A / Chapter 46 / Section 23A-46-4
Reports of director of facility where person hospitalized
Status: in_force

The director of the facility in which a person is hospitalized pursuant to:

(1) Section 23A-10-4 , shall prepare semiannual reports; or

(2) Section 23A-26-12.1 , 23A-27-43 , or 23A-46-9 , shall prepare an annual report concerning the mental condition of the person and containing recommendations concerning the need for his continued hospitalization. The reports shall be submitted to the court that ordered the person's commitment to the facility and copies of the report shall be submitted to such other persons as the court may direct.

Source: SL 1985, ch 192, § 33.
S.D. Codified Laws § 23A-32-17 — SD Code / Title 23A / Chapter 32 / Section 23A-32-17
Service of notice of appeal and papers on attorney general--Control of case by attorney general
Status: in_force

When an appeal is taken, the notice of appeal and all briefs, papers, and notices, either in the Supreme Court or trial court, shall be served on the attorney general as well as the prosecuting attorney, but after the appeal is perfected the attorney general shall otherwise control the case in behalf of the state, and thereafter no stipulation shall be valid unless made in writing with the attorney general and filed with the clerk of the Supreme Court within ten days after the date thereof.

Source: SDC 1939 & Supp 1960, § 34.4111; SDCL, § 23-51-10; SL 1978, ch 178, § 395; SL 1980, ch 26, § 24.
S.D. Codified Laws § 23A-14A-1 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-1
Definitions
Status: in_force

Terms used in §§ 23A-14A-1 to 23A-14A-10 , inclusive, mean:

(1) "Witness," a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by grand jury or in any criminal action before a court;

(2) "Penal institution," includes any jail, prison, penitentiary, house of correction, or other place of penal detention;

(3) "State," includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.

Source: SL 2002, ch 119, § 1.
S.D. Codified Laws § 23A-6-18 — SD Code / Title 23A / Chapter 6 / Section 23A-6-18
(Rule 7(d)) Surplusage stricken on motion
Status: in_force

A circuit court upon motion may strike surplusage from an indictment or information.

Source: SL 1978, ch 178, § 77.
S.D. Codified Laws § 23A-28B-34 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-34
Department subrogated to claimant's cause of action--Action against party liable for claimant's injury
Status: in_force

If an award of compensation has been paid pursuant to this chapter, the department is subrogated to the cause of action of a claimant against the person responsible for the injury or death and the department may bring an action against such person in the amount of the damages sustained by the claimant. The department is also subrogated to the cause of action of the claimant against one or more third parties liable for the acts of the person responsible for such injury or death. If the department brings an action pursuant to this section and the judgment is greater than the amount of compensation paid to the claimant plus the costs incurred by the department in pursuing such action, the balance of the judgment shall be paid to the claimant.

In addition to the authority of the department to bring an action under this section, the claimant may bring an action to recover damages. In any such action, the department holds subrogation rights and the claimant shall join the department as a party to such action.

If any judgment or verdict pursuant to an action under this section indicates separate awards for economic loss and noneconomic loss, payments on such judgment or verdict shall be allocated between the losses in proportion to the amounts indicated. In any such action, the judge, upon timely motion, shall direct the jury to return a special verdict, which verdict shall indicate separately the awards for noneconomic loss, punitive damages, and economic loss.

Source: SL 1991, ch 201, § 34.
S.D. Codified Laws § 23A-32-12 — SD Code / Title 23A / Chapter 32 / Section 23A-32-12
Discretionary appeal from intermediate order before trial--Procedure
Status: in_force

As to any intermediate order made before trial, as to which an appeal is not allowed as a matter of right, either the state or the defendant may be permitted to appeal to the Supreme Court, not as a matter of right, but of sound judicial discretion, such appeal to be allowed by the Supreme Court only when the court considers that the ends of justice will be served by the determination of the questions involved without awaiting the final determination of the action. The procedure as to the taking of such appeal, petition for allowance thereof, and allowance thereof, shall be as set forth in §§ 15-26A-13 to 15-26A-17 , inclusive, so far as the same are applicable.

Source: SDC 1939 & Supp 1960, § 34.4103; SDCL, § 23-51-5; SL 1978, ch 178, § 390; SL 1980, ch 26, § 22.
S.D. Codified Laws § 23A-27-9 — SD Code / Title 23A / Chapter 27 / Section 23A-27-9
(Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties
Status: in_force

Any material disclosed to a defendant or his counsel shall also be disclosed to the prosecuting attorney. Any material disclosed to the prosecuting attorney shall also be disclosed to the defendant or his counsel.

Source: SL 1978, ch 178, § 341; SL 1979, ch 159, § 15.
S.D. Codified Laws § 23-24A-21 — SD Code / Title 23 / Chapter 24A / Section 23-24A-21
Escape while in another state
Status: in_force

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.
S.D. Codified Laws § 23A-19-7 — SD Code / Title 23A / Chapter 19 / Section 23A-19-7
Trial of sufficiency of challenge--Trial of fact issues
Status: in_force

A court must first try the sufficiency of a challenge, assuming the facts alleged therein to be true. If the court determines that the facts alleged, if true, constitute sufficient grounds for challenge to the panel, the objecting party may then deny the facts alleged in the challenge. The denial may be oral and must be entered on the record. The court must then proceed to try the issue of fact.

Source: SDC 1939 & Supp 1960, § 34.3613; SDCL, §§ 23-43-15, 23-43-16; SL 1978, ch 178, § 268.