S.D. Codified Laws § 23-7-49 — SD Code / Title 23 / Chapter 7 / Section 23-7-49
Petition for restoration of right to possess firearm
Status: in_force

A person who is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. The petitioner shall serve a copy of the petition for restoration on the state's attorney of the county in which the petition is filed. The state's attorney shall represent the state at the hearing on the petition.

Source: SL 2014, ch 113, § 4.
S.D. Codified Laws § 23A-27-11 — SD Code / Title 23A / Chapter 27 / Section 23A-27-11
(Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere
Status: in_force

A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice a court after sentence may set aside a judgment of conviction and permit the defendant to withdraw his plea.

Source: Supreme Court Rule 391, 1939; SDC 1939 & Supp 1960, § 34.3522; SDCL, § 23-35-22; SL 1978, ch 178, § 343.
S.D. Codified Laws § 23A-26-14 — SD Code / Title 23A / Chapter 26 / Section 23A-26-14
Guilty but mentally ill verdict--Required findings
Status: in_force

If the defendant raises the defense of "not guilty and not guilty by reason of insanity," he may be found "guilty but mentally ill" if the trier of fact finds all of the following beyond a reasonable doubt:

(1) The defendant is guilty of an offense; and

(2) The defendant was mentally ill when he committed the offense.

Source: SL 1983, ch 174, § 16; SL 1986, ch 25.
S.D. Codified Laws § 23A-28C-14 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-14
Request for notification by parent or guardian
Status: in_force

If the victim is a minor, the victim's parent or guardian may request notification pursuant to this chapter.

Source: SL 2014, ch 116, § 6.
S.D. Codified Laws § 23A-28A-6 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-6
Reimbursement of governmental entities for costs of prosecution and imprisonment--Crediting of proceeds
Status: in_force

Moneys or personal property obtained by governmental entities pursuant to this chapter shall be reimbursement for actual costs of prosecution and imprisonment and shall be reimbursed to the agency account from which funds were originally expended.

Source: SL 1982, ch 184, § 13.
S.D. Codified Laws § 23A-27-18.5 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18.5
Continuing jurisdiction to revoke probation or suspended execution of sentence
Status: in_force

Any court granting probation or a suspended execution of sentence retains jurisdiction to revoke the probation or suspended execution of sentence for violation of its terms and conditions.

Source: SL 2010, ch 129, § 1.
S.D. Codified Laws § 23A-43-10 — SD Code / Title 23A / Chapter 43 / Section 23A-43-10
Review by another magistrate when committing magistrate unavailable
Status: in_force

If the magistrate or court that imposed the conditions of release is not available for review pursuant to § 23A-43-8 or 23A-43-9 , any other committing magistrate or court in the circuit may review such conditions.

Source: SL 1978, ch 178, § 511.
S.D. Codified Laws § 23A-14-2 — SD Code / Title 23A / Chapter 14 / Section 23A-14-2
Attorneys' subpoena for witnesses within state
Status: in_force

A prosecuting attorney may issue subpoenas, subscribed by him, for witnesses within the state, in support of a prosecution, or for such witnesses as a grand jury may direct. An attorney for a defendant may issue subpoenas subscribed by him for witnesses the defendant may require.

Source: SDC 1939 & Supp 1960, § 34.2401; SDCL, § 23-40-3; SL 1978, ch 178, § 178.
S.D. Codified Laws § 23-7-8.1 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.1
Form and contents of permit, enhanced permit, and gold card permit
Status: in_force

The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to § 23-7-8 . Each permit shall list the applicant's name, address, the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol shall clearly designate that the permit is enhanced and the gold card permit shall clearly designate that it is a gold card permit to carry a concealed pistol. Nothing in this section prevents any law enforcement officer, Department of Corrections employee, parole agent, security guard employed on the premises, or any other public official, with the written permission of the sheriff, from carrying a concealed weapon in the performance of that person's duties.

Source: SL 1985, ch 190, § 11; SL 1989, ch 210, § 3; SL 2009, ch 114, § 2; SL 2015, ch 137, § 10; SL 2016, ch 122, § 2; SL 2016, ch 132, § 2, eff. Jan. 1, 2017; SL 2019, ch 113, § 11.
S.D. Codified Laws § 23A-44-14 — SD Code / Title 23A / Chapter 44 / Section 23A-44-14
(Rule 52(a)) Defects not affecting substantial rights disregarded
Status: in_force

Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded.

Source: SDC 1939 & Supp 1960, §§ 34.2902, 34.3002; SDCL, §§ 23-1-2, 23-32-20; SL 1978, ch 178, § 547.
S.D. Codified Laws § 23A-48-6 — SD Code / Title 23A / Chapter 48 / Section 23A-48-6
Incentives for compliance
Status: in_force

Court services officers are encouraged to provide incentives for compliance with the conditions of probation and acknowledge achievements to reinforce positive behavior.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 3), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-47-4 — SD Code / Title 23A / Chapter 47 / Section 23A-47-4
Promulgation of rules for collection of outstanding court-ordered financial obligations
Status: in_force

The Supreme Court shall promulgate rules for the collection of outstanding court-ordered financial obligations through the administrative financial accountability system. The rules shall include graduated responses to noncompliance and a policy for the termination or adjustment of the financial obligations.

Source: SL 2013, ch 101, § 46, eff. Jan. 1, 2014; SL 2015, ch 142, § 3.
S.D. Codified Laws § 23A-7-3 — SD Code / Title 23A / Chapter 7 / Section 23A-7-3
(Rule 11(b)) Consent required for nolo contendere plea--Considerations by court
Status: in_force

A defendant may plead nolo contendere only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interests of the public in the effective administration of justice.

Source: SL 1978, ch 178, § 93.
S.D. Codified Laws § 23-7-66 — SD Code / Title 23 / Chapter 7 / Section 23-7-66
Surrender to court of revoked gold card or enhanced concealed pistol permits
Status: in_force

If any person is convicted of any offense which results in the automatic revocation of a gold card or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by the person convicted. The court shall forward all gold card and enhanced concealed pistol permits to the sheriff of the defendant's county of residence.

Source: SL 2016, ch 132, § 13, eff. Jan. 1, 2017.
S.D. Codified Laws § 23A-13-7 — SD Code / Title 23A / Chapter 13 / Section 23A-13-7
Prior statements of prosecution witnesses subject to discovery after direct examination
Status: in_force

After a witness called by the prosecuting attorney has testified on direct examination, the court shall, on motion of the defendant, order the prosecuting attorney to produce any statement, as defined in § 23A-13-10 , of the witness in the possession of the prosecuting attorney which relates to the subject matter as to which the witness has testified. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use.

Source: SL 1978, ch 178, § 147.
S.D. Codified Laws § 23A-49-12 — SD Code / Title 23A / Chapter 49 / Section 23A-49-12
Property subject to security interest--Action by attorney general
Status: in_force

Any property, as described in subdivisions 34-20B-70(4), (6), and (7) or 22-24A-15(4), (6), and (7), or § 23A-49-1 , that is subject to a bona fide perfected security interest at the time of seizure of the personal property, at the time the offense was committed, and is forfeited under the provisions of §§ 23A-49-7 to 23A-49-19 , inclusive, shall be taken by the attorney general subject to the security interest. The attorney general shall, within sixty days of the forfeiture of the property:

(1) Return the property to the possession of the secured party;

(2) Satisfy fully all indebtedness to the secured party secured by the property; or

(3) Return the property to the possession of the secured party and require the secured party to sell the property within sixty days of receipt of the property from the attorney general at public or private sale and retain all proceeds necessary to satisfy fully all indebtedness of the secured party secured by the property together with all reasonable costs of the sale and remit to the attorney general all excess proceeds within thirty days of the sale.

If the secured party knew or should have known, that the property was being used or intended for use to facilitate in the commission of a crime, the provisions of this section do not apply to the property.

Source: SL 2016, ch 138, § 12.
S.D. Codified Laws § 23A-4-3 — SD Code / Title 23A / Chapter 4 / Section 23A-4-3
(Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing--Charges requiring preliminary hearing--Waiver or scheduling of hearing--Extension of time
Status: in_force

If a charge against a defendant requires a preliminary hearing, the defendant may not be called on to plead. The committing magistrate shall inform the defendant of the complaint against the defendant and of any affidavit filed therewith, of the defendant's right to retain counsel and to request assignment of counsel if the defendant is unable to obtain counsel, and of the general circumstances under which the defendant may secure pretrial release. The committing magistrate shall inform the defendant that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant. The committing magistrate shall also inform the defendant of the defendant's right to a preliminary hearing. The committing magistrate shall allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail in the amount set pursuant to § 23A-2-4 or chapter 23A-43 , or as otherwise provided by law. If the offense charged is a Class 1 misdemeanor, and the circuit in which the offense is charged has a magistrate court presided over by a magistrate judge, the defendant shall be held to answer before the magistrate judge or the circuit court.

No defendant is entitled to a preliminary hearing unless charged with an offense punishable as a felony. If the defendant waives the preliminary hearing, the committing magistrate shall forthwith hold the defendant to answer in circuit court if the offense charged is a felony. If the defendant does not waive the preliminary hearing, the committing magistrate shall schedule a preliminary hearing. The hearing shall be held within a reasonable time, but in any event not later than fifteen days following the initial appearance if the defendant is in custody, and not later than forty-five days if the defendant is not in custody. However, the preliminary hearing may not be held if the defendant is indicted before the date set for the preliminary hearing. With the consent of the defendant and with a showing of good cause, taking into account the public interest and the proper disposition of criminal cases, time limits specified in this section may be extended one or more times by the committing magistrate. In the absence of consent by the defendant, time limits may be extended by the committing magistrate only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.

Source: SDC 1939 & Supp 1960, § 34.1401; SDCL § 23-27-1; SL 1978, ch 178, § 38; SL 1991, ch 187, § 5; SL 2000, ch 263 (Supreme Court Rule 00-9); SL 2007, ch 304 (Supreme Court Amended Rule 06-72), eff. Nov. 1, 2006; SL 2013, ch 101, § 52.
S.D. Codified Laws § 23-3-41 — SD Code / Title 23 / Chapter 3 / Section 23-3-41
Probationary appointment of officers until training completed--Maximum probationary employment
Status: in_force

At the earliest practicable time, the commission shall provide, by regulation, that no person shall be appointed as a law enforcement officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of law enforcement training at a school approved by the commission. No law enforcement officer who lacks the education and training qualifications required by the commission may have his temporary or probationary employment extended beyond one year by renewal of appointment or otherwise. However, in municipalities of the third class, the probationary period may be extended for one additional year.

Source: SL 1970, ch 145, § 5 (b); SL 1981, ch 184.
S.D. Codified Laws § 23A-27A-26.3 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26.3
Procedures for determining intellectual disability of defendant
Status: in_force

Not later than ninety days before the commencement of trial, the defendant may upon a motion alleging reasonable cause to believe the defendant was intellectually disabled at the time of the commission of the offense, apply for an order directing that an intellectual disability hearing be conducted before trial. If, upon review of the defendant's motion and any response to the defendant's motion, the court finds reasonable cause to believe the defendant was intellectually disabled, the court shall promptly conduct a hearing without a jury to determine whether the defendant was intellectually disabled. If the court finds after the hearing that the defendant was not intellectually disabled at the time of the commission of the offense, the court shall, before commencement of trial, enter an order stating the court's finding. Nothing in this paragraph precludes the defendant from presenting mitigating evidence of an intellectual disability at the sentencing phase of the trial. If the court finds after the hearing that the defendant established an intellectual disability by a preponderance of the evidence, the court shall before commencement of trial, enter an order stating the court's finding. Unless the order is reversed on appeal, a separate sentencing proceeding under this section may not be conducted if the defendant is thereafter convicted of murder in the first degree. If a separate sentencing proceeding is not conducted, the court, upon conviction of a defendant for the crime of murder in the first degree, shall sentence the defendant to life imprisonment.

Source: SL 2000, ch 112, § 3; SL 2018, ch 148, § 3.
S.D. Codified Laws § 23A-27-47 — SD Code / Title 23A / Chapter 27 / Section 23A-27-47
Confidentiality of records--Court order
Status: in_force

Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized by order of the court. The court may order that the records be provided to a person on its own motion. Records received by a person pursuant to court order must be held confidential by the receiving party unless otherwise authorized by the court.

Source: SL 1994, ch 217, § 2; SL 2022, ch 74, § 1.
S.D. Codified Laws § 23-5A-8 — SD Code / Title 23 / Chapter 5A / Section 23-5A-8
Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application
Status: in_force

The requirements of this chapter apply regardless of whether a court advises a person that a DNA sample must be provided to the State DNA Databank and Database as a condition of probation or parole. No person who has been sentenced to death or life without the possibility of parole, or to any life or indeterminate term of incarceration is exempt from the requirements of this chapter. Any person subject to this chapter, who has not provided a DNA sample for any reason, including the person's release prior to July 1, 2003, an oversight or error, or because of the person's transfer from another jurisdiction, shall give a DNA sample for inclusion in the State DNA Database after being notified by the South Dakota Division of Criminal Investigation. If a person's DNA sample is not adequate for any reason, the person shall provide another DNA sample for analysis.

Source: SL 2003, ch 133, § 8.
S.D. Codified Laws § 23-13-5 — SD Code / Title 23 / Chapter 13 / Section 23-13-5
Neglect of gambling investigation and enforcement--Investigation and prosecution by attorney general
Status: in_force

The attorney general shall have authority and it shall be his duty whenever any peace officer or state's attorney of any county has neglected the investigation and enforcement of chapter 22-25 , to make the investigations and complaints and conduct the prosecutions the same as the state's attorney might do, and for such services there shall be paid into the state treasury by the county where the offense was committed the sum of fifty dollars for each case so prosecuted and such sum shall be deducted from the salary of the state's attorney neglecting such duty.

Source: SDC 1939, § 24.0101.
S.D. Codified Laws § 23-26A-6 — SD Code / Title 23 / Chapter 26A / Section 23-26A-6
Release of accused person pending hearing
Status: in_force

The committing magistrate may impose conditions of release authorized by the laws of this state which will reasonably assure the appearance at the hearing of the person whose removal is sought.

Source: SL 1978, ch 174, § 6.
S.D. Codified Laws § 23A-6-10 — SD Code / Title 23A / Chapter 6 / Section 23A-6-10
Endorsement of witnesses on information--Calling other witnesses
Status: in_force

The prosecuting attorney shall endorse upon each information the names of the witnesses known to him at the time of its filing. Any further endorsement of names upon the information shall be done only with permission of the court. This section shall not preclude calling any witnesses whose names or the materiality of whose testimony is first learned by the prosecuting attorney during the trial. This section does not require the endorsement of names of witnesses which are to be used only in rebuttal.

Source: SL 1978, ch 178, § 64.
S.D. Codified Laws § 23-24-10 — SD Code / Title 23 / Chapter 24 / Section 23-24-10
Authority of arresting officer
Status: in_force

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.

Source: SDC 1939, § 34.1709; SL 1953, ch 200, § 9.
S.D. Codified Laws § 23A-28B-35 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-35
Fraudulent claim prohibited--Violation as misdemeanor or felony
Status: in_force

No person may submit a fraudulent application or claim for a victims' compensation award, may intentionally make or cause to be made any false statement or representation of a material fact in a claim, or may intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such claim or award when reasonably requested to provide such information by the department or the commission.

Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor if the application or claim is in an amount of one thousand dollars or less. Any person who violates the provisions of this section is guilty of a Class 4 felony if the application or claim is in an amount exceeding one thousand dollars.

Any person who violates the provisions of this section forfeits any benefit received under this chapter and shall reimburse the state for any such payments received or paid to or on behalf of that person.

The state has a civil cause of action for relief against any person who violates this section in the amount of damages which the state has sustained as a result of such violation and, in addition, for punitive damages in an amount not more than double the amount of damages which the state has sustained, together with interest, plus the cost of such suit.

Source: SL 1991, ch 201, § 35; SL 2006, ch 130, § 6.
S.D. Codified Laws § 23A-28B-6 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-6
Administration of commission
Status: in_force

The commission shall be administered under the direction and supervision of the department and the secretary thereof, but shall retain the quasi - judicial, quasi - legislative, advisory, other nonadministrative, and special budgetary functions (as defined in § 1-32-1 ) otherwise vested in it and shall exercise those functions independently of the secretary of the department.

Source: SL 1991, ch 201, § 6.
S.D. Codified Laws § 23A-49-6 — SD Code / Title 23A / Chapter 49 / Section 23A-49-6
Victim protected against forfeiture by victim immunity
Status: in_force

Any victim of a crime as described in the provisions of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, and 43-43B-1 to 43-43B-3 , inclusive, is protected against loss of property through forfeiture by victim immunity as described in § 22-48-2 .

Source: SL 2016, ch 138, § 6.
S.D. Codified Laws § 23-24-24 — SD Code / Title 23 / Chapter 24 / Section 23-24-24
Written waiver of extradition proceedings
Status: in_force

Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in §§ 23-24-8 and 23-24-9 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in § 23-24-12 .

Source: SL 1953, ch 200, § 25; SDC Supp 1960, § 34.1724.
S.D. Codified Laws § 23A-28B-30 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-30
Fees and mileage allowance for witness in compensation hearing
Status: in_force

Fees and mileage for attendance as a witness in a compensation hearing before the commission shall be identical to those allowed in circuit court.

Source: SL 1991, ch 201, § 30.
S.D. Codified Laws § 23A-27-43 — SD Code / Title 23A / Chapter 27 / Section 23A-27-43
Mental examination and report before hearing
Status: in_force

Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court pursuant to §§ 23A-46-1 and 23A-46-2 . If the report includes an opinion by the examiner that the defendant is presently suffering from a mental disease or defect but that it is not such as to require his custody for care or treatment in a suitable facility, then the report shall also include an opinion by the examiner concerning the sentencing alternatives that best accord the defendant the kind of treatment he does need.

Source: SL 1985, ch 192, § 20; SL 1986, ch 27, § 7.
S.D. Codified Laws § 23-1A-11 — SD Code / Title 23 / Chapter 1A / Section 23-1A-11
Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor
Status: in_force

Any person who has been served with a petty offense complaint for a violation of a statute relating to the operation and use of a motor vehicle may, if he has a valid South Dakota driver's license in his possession or if the arresting officer is shown satisfactory proof that the person does have a valid South Dakota driver's license although not in his immediate possession, give a written promise to appear at the hearing to the officer who served the complaint on him.

If he does not have a valid South Dakota driver's license, he may immediately either sign an admission and give a deposit in accordance with § 23-1A-12 or file a deposit in accordance with § 23-1A-13 . If he refuses either alternative, he shall be taken immediately to the nearest or most accessible judge or magistrate for a hearing on the complaint.

Any person who intentionally violates his written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.

Source: SL 1977, ch 193, § 9.
S.D. Codified Laws § 23A-18-3 — SD Code / Title 23A / Chapter 18 / Section 23A-18-3
(Rule 23(c)) Findings of fact in trial without jury
Status: in_force

In a case tried without a jury a court shall make a general finding and shall in addition, on request made before submission of the case to the court for decision, find facts specially. Such findings may be oral. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.

Source: SL 1978, ch 178, § 232; SL 1979, ch 159, § 12.
S.D. Codified Laws § 23-7-50 — SD Code / Title 23 / Chapter 7 / Section 23-7-50
Hearing for restoration of right to possess firearm--Confidentiality of record--Order
Status: in_force

Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).

Source: SL 2014, ch 113, § 5.
S.D. Codified Laws § 23A-27-3 — SD Code / Title 23A / Chapter 27 / Section 23A-27-3
(Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea
Status: in_force

After imposing a sentence in a case which has gone to trial on a plea of not guilty, the court shall advise the defendant of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for assignment of counsel under chapter 23A-40 . There is no duty on a court to advise a defendant of any right of appeal after sentence is imposed following a plea of guilty or nolo contendere.

Source: SL 1978, ch 178, § 335.
S.D. Codified Laws § 23A-17-8 — SD Code / Title 23A / Chapter 17 / Section 23A-17-8
(Rule 22) Time for motion to transfer
Status: in_force

A motion to transfer under this title may be made at or before arraignment or at such other time as the court or this title may prescribe.

Source: SL 1978, ch 178, § 229.
S.D. Codified Laws § 23-3-49 — SD Code / Title 23 / Chapter 3 / Section 23-3-49
Attorney general to accept gifts for training center and facilities
Status: in_force

The attorney general is authorized to accept and expend, in addition to any amounts appropriated and for the purpose stated in § 23-3-48 , any funds which may be obtained from federal funds and any gifts or contributions from any source for said purpose.

Source: SL 1972, ch 286, § 4.
S.D. Codified Laws § 23-5-10 — SD Code / Title 23 / Chapter 5 / Section 23-5-10
Definition of terms
Status: in_force

Terms used in §§ 23-5-10 to 23-5-13 , inclusive, mean:

(1) "Confidential criminal justice information," criminal identification information compiled pursuant to chapter 23-5 , criminal intelligence information, criminal investigative information, criminal statistics information made confidential pursuant to § 23-6-14 , and criminal justice information otherwise made confidential by law;

(2) "Criminal history information," arrest information, conviction information, disposition information and correction information compiled by the attorney general pursuant to chapter 23-5 , commonly referred to as a "rap sheet";

(3) "Criminal intelligence information," information associated with an identifiable individual, group, organization, or event compiled by a law enforcement agency: in the course of conducting an investigation into a criminal conspiracy, projecting a potential criminal operation, or producing an estimate of future criminal activities; or in relation to the reliability of information derived from reports of informants or investigators or from any type of surveillance;

(4) "Criminal investigative information," information associated with an individual, group, organization, or event compiled by a law enforcement agency in the course of conducting an investigation of a crime or crimes. This includes information about a crime or crimes derived from reports of officers, deputies, agents, informants, or investigators or from any type of surveillance;

(5) "Call for service," an event occurring in or near the jurisdiction of a law enforcement agency that requires law enforcement response, evaluation, action, or documentation.

Source: SL 1986, ch 189, § 1; SL 2004, ch 161, § 1.
S.D. Codified Laws § 23A-35A-3 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-3
Authority of attorney general or state's attorney to apply for order for interception of communications
Status: in_force

The attorney general or any state's attorney may apply to any circuit judge for an order to authorize or approve the interception of wire, electronic, or oral communications by an investigative or law enforcement officer having the responsibility of investigating the offense for which the application is made and any offense pursuant to § 23A-35A-2 . The attorney general or the state's attorney applying may designate a deputy or assistant to make any subsequent applications or presentations necessary to implement the order or comply with any of the provisions of this chapter.

Source: SL 1969, ch 158, § 4; SDCL Supp, § 23-13A-4; SL 1980, ch 181, § 3; SL 1983, ch 187, § 2; SL 2017, ch 108, § 3.
S.D. Codified Laws § 23A-44-17 — SD Code / Title 23A / Chapter 44 / Section 23A-44-17
Content of record
Status: in_force

The record of any hearing, court trial or jury trial shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions.

Source: SL 2010, ch 255 (Supreme Court Rule 10-02), eff. Feb. 26, 2010.
S.D. Codified Laws § 23-24-21 — SD Code / Title 23 / Chapter 24 / Section 23-24-21
Persons under criminal prosecution in this state at time of requisition
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor may either surrender the person on demand of the executive authority of another state, or hold the person until the person has been tried and discharged or convicted and punished in this state.

Source: SDC 1939, § 34.1718; SL 1953, ch 200, § 19; SL 2023, ch 3, § 32.
S.D. Codified Laws § 23A-22-3 — SD Code / Title 23A / Chapter 22 / Section 23A-22-3
Innocence presumed--Reasonable doubt requires acquittal
Status: in_force

A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt as to whether his guilt is satisfactorily shown, he is entitled to be acquitted.

Source: SDC 1939 & Supp 1960, § 34.3635; SDCL, § 23-44-5; SL 1978, ch 178, § 281.
S.D. Codified Laws § 23-26A-2 — SD Code / Title 23 / Chapter 26A / Section 23-26A-2
Warrant for arrest of accused person
Status: in_force

Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of his release, the committing magistrate shall issue a warrant to a law enforcement officer of this state for the person's arrest.

Source: SL 1978, ch 174, § 2.
S.D. Codified Laws § 23A-8-5 — SD Code / Title 23A / Chapter 8 / Section 23A-8-5
Subsequent hearing on motion to suppress newly discovered evidence
Status: in_force

A court may set a subsequent hearing after the hearing set pursuant to § 23A-8-4 for the purpose of hearing motions to suppress newly discovered evidence.

Source: SL 1978, ch 178, § 112.
S.D. Codified Laws § 23A-5-10 — SD Code / Title 23A / Chapter 5 / Section 23A-5-10
Advice sought from court or prosecuting attorney
Status: in_force

The grand jury may at all reasonable times ask the advice of the court or of the prosecuting attorney.

Source: SDC 1939 & Supp 1960, § 34.1222; SDCL, § 23-30-7; SL 1972, ch 147, § 1; SL 1978, ch 178, § 51.
S.D. Codified Laws § 23A-43-25.1 — SD Code / Title 23A / Chapter 43 / Section 23A-43-25.1
Reinstated bond or undertaking paid to officer with whom originally deposited
Status: in_force

Upon order of the court for the reinstatement of bond or undertaking of bail, previously forfeited, the county treasurer shall pay to the clerk of court or other officer with whom it was originally deposited such bond or undertaking of bail.

Source: SL 1978, ch 173, § 2; SDCL Supp, § 23-26-13.1 ; SL 1979, ch 159, § 43.
S.D. Codified Laws § 23A-27-1.3 — SD Code / Title 23A / Chapter 27 / Section 23A-27-1.3
Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined
Status: in_force

If a defendant has been convicted of an A, B, or C felony, upon request to the court by a victim and before imposing sentence on a defendant, a victim has a right to address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

If a defendant has been convicted of any other felony or misdemeanor, upon request to the court by a victim and before imposing sentence on a defendant, the victim, in the discretion of the court, may address the court in writing concerning the emotional, physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and may comment upon the sentence which may be imposed upon the defendant.

The defendant shall be permitted to respond to such statements and shall be granted a reasonable continuance to refute any inaccurate or false charges or statements.

For the purpose of this section, the term, victim, means anyone adversely impacted emotionally, physically, or monetarily by the defendant's crime.

Source: SL 2012, ch 133, § 2; SL 2013, ch 105, § 5.
S.D. Codified Laws § 23A-51-5 — SD Code / Title 23A / Chapter 51 / Section 23A-51-5
Commission on Indigent Legal Services--Member compensation prohibited--Per diem
Status: in_force

No commission member may receive compensation for services on the commission. A member shall receive per diem as provided by § 4-7-10.4 and travel expenses for attending commission meetings.

Source: SL 2024, ch 95, § 5, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-40-13 — SD Code / Title 23A / Chapter 40 / Section 23A-40-13
Statement of claim filed--Enforceability of lien
Status: in_force

Immediately upon payment by the chargeable county or municipality, or upon the setting of the public defender's lien by a circuit court judge or magistrate judge, a statement of claim showing the name and residence of the recipient shall be filed by the county auditor or municipal, finance officer in the office of the register of deeds in the county where the recipient resides. A certified copy of the lien may be filed in any other county in which the recipient may have or may acquire an interest in real or personal property. The lien is enforceable, until satisfied or compromised.

Source: SL 1979, ch 159, § 37; SL 1980, ch 182; SL 1983, ch 191, § 5; SL 1983, ch 192, § 3.
S.D. Codified Laws § 23A-41-5 — SD Code / Title 23A / Chapter 41 / Section 23A-41-5
(Rule 45 (e)) Time added when papers served by mail
Status: in_force

Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon him and the notice or other paper is served upon him by mail, three days shall be added to the prescribed period.

Source: SL 1978, ch 178, § 499.
S.D. Codified Laws § 23-14-17 — SD Code / Title 23 / Chapter 14 / Section 23-14-17
Forms to be promulgated--Publication--Effect of forms
Status: in_force

The attorney general shall promulgate forms, pursuant to chapter 1-26 , implementing this chapter. The code commission shall publish such forms as an appendix to this chapter when it publishes the pocket parts or revised volumes of the South Dakota Codified Laws. Such forms shall be illustrative and not mandatory.

Source: SL 1978, ch 171, § 14.
S.D. Codified Laws § 23A-27A-22 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-22
Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court
Status: in_force

If a defendant confined under sentence of death does not appear to be mentally competent to be executed, the warden having custody of the defendant shall notify the Governor, the secretary of corrections, and the sentencing court.

Source: SL 1939, ch 135, § 6; SDC Supp 1960, § 34.37A06; SDCL § 23-49-9; SL 1979, ch 160, § 24; SL 2002, ch 135, § 2; SL 2008, ch 117, § 9.
S.D. Codified Laws § 23A-7-11 — SD Code / Title 23A / Chapter 7 / Section 23A-7-11
(Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant
Status: in_force

If a court rejects the plea agreement, it shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in chambers, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, if a plea has been entered, and advise him that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to him than that contemplated by the plea agreement.

Source: SL 1978, ch 178, § 102.
S.D. Codified Laws § 23A-22-4 — SD Code / Title 23A / Chapter 22 / Section 23A-22-4
Facts put in issue by not guilty plea
Status: in_force

A plea of not guilty puts in issue every material fact constituting an offense charged in an indictment, information, or complaint.

Source: Supreme Court Rule 390, 1939; SDC 1939 & Supp 1960, § 34.3521; SDCL, § 23-35-23; SL 1978, ch 178, § 280.
S.D. Codified Laws § 23A-4-1 — SD Code / Title 23A / Chapter 4 / Section 23A-4-1
Arrested person taken before magistrate--Complaint filed on arrest without warrant
Status: in_force

A law enforcement officer shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate. Any person, other than a law enforcement officer, making an arrest shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate or deliver him to the nearest available law enforcement officer. If a person arrested without a warrant is brought before a committing magistrate, a complaint shall be filed forthwith. Unless given a court appearance date and released from custody, a person, arrested with or without a warrant or given a summons, shall appear initially before a committing magistrate in person or via ITV, without unnecessary delay, at which time the committing magistrate shall proceed in accordance with the applicable provisions of §§ 23A-4-2 to 23A-4-5 , inclusive.

Source: SDC 1939 & Supp 1960, §§ 34.1608, 34.1619, 34.1620; SDCL §§ 23-22-16, 23-22-20, 23-22-22; SL 1978, ch 178, § 36; SL 1989, ch 209; SL 1990, ch 174; SL 2018, ch 301 (Supreme Court Rule 18-10), eff. July 1, 2018.
S.D. Codified Laws § 23-5-11 — SD Code / Title 23 / Chapter 5 / Section 23-5-11
Confidential criminal justice information not subject to inspection--Exception
Status: in_force

Confidential criminal justice information and criminal history information are specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclusive, and may be withheld by the lawful custodian of the records. Information, if maintained, about calls for service revealing the date, time, and general location and general subject matter of the call is not confidential criminal justice information and shall be released to the public unless the information contains criminal intelligence, identity information that would jeopardize an ongoing investigation, or identity information associated with a mental health or a chemical dependency or abuse intervention. The provisions of this section do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law.

Source: SL 1986, ch 189, § 2; SL 2004, ch 161, § 2; SL 2009, ch 10, § 18; SL 2014, ch 112, § 1.
S.D. Codified Laws § 23A-3-31 — SD Code / Title 23A / Chapter 3 / Section 23A-3-31
Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records
Status: in_force

Any order of expungement 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 the defendant or arrested person for subsequent offenses.

As part of any order of expungement, the court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the defendant or arrested person's arrest, detention, indictment or information, trial, and disposition.

Source: SL 2010, ch 126, § 6.
S.D. Codified Laws § 23A-28B-24 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-24
Payment of compensation--Lump sum--Exception for protracted disability--Award not subject to process
Status: in_force

An award of victims' compensation under this chapter shall be paid in a lump sum. However, in a case involving death or protracted disability, an award may be paid in periodic payments. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award. An award is not subject to execution, attachment, garnishment, or other process. However, an award for compensation toward a related expense is not exempt from a claim by a creditor to the extent that the creditor provided products, services, or accommodations, the costs of which are recognized and included in the award.

Source: SL 1991, ch 201, § 24.
S.D. Codified Laws § 23-24B-5.1 — SD Code / Title 23 / Chapter 24B / Section 23-24B-5.1
Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor
Status: in_force

No person arrested on the judge's warrant shall be delivered to an agent appointed by the demanding tribe to receive him until he is first taken before a committing magistrate in this state, who shall inform him of the demand for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. Any person violating this section is guilty of a Class 1 misdemeanor.

Source: SL 1978, ch 172, § 5.
S.D. Codified Laws § 23A-27-25.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.1
Provisions for payment of fines, costs and restitution, etc.--Community service
Status: in_force

If a defendant sentenced to be imprisoned or jailed has part or all of his imprisonment or jail time suspended upon conditions that include payment of a fine, costs, and restitution, or any of them, or if a defendant is sentenced to pay a fine, costs, and restitution, or any of them, the lay magistrate, the magistrate judge or circuit court judge may require:

(1) Execution by the defendant of a wage assignment if he is employed in this state, which assignment shall direct his employer to withhold and remit that amount to the clerk of courts up to the total of the fine, costs, and restitution;

(2) A payment schedule. The magistrate judge or circuit court may require the defendant to personally appear before the court or an officer of the court as designated, from time to time, to pay such installments or justify the failure to timely do so. Failure to so appear is a prima facie violation of the suspended sentence of imprisonment, jail, or contempt;

(3) Community service under terms and conditions established by the court. For purposes of computing community service time, eight hours shall be equal to one day of imprisonment. The community service time may not exceed the maximum time authorized for the offense charged.

Subdivisions (1) to (3), inclusive, are not exclusive as to conditions which may be imposed. A defendant is any person who has been convicted of a criminal offense or who has been granted a suspended imposition of sentence.

Source: SL 1989, ch 211, § 4.
S.D. Codified Laws § 23A-35-4.2 — SD Code / Title 23A / Chapter 35 / Section 23A-35-4.2
Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature
Status: in_force

A committing magistrate may, by means of electronic transmission, receive an affidavit in support of the issuance of a search warrant and may issue a search warrant by the same method. All applicable procedural and statutory requirements for the issuance of a warrant shall be met. For all procedural and statutory purposes, the electronic document shall have the same force and effect as the original. Any electronic document transmitted pursuant to this section shall be filed with the court within five business days.

The officer executing the 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 electronic copy of the warrant.

Source: SL 1991, ch 452 (Supreme Court Rule 91-18); SL 2014, ch 259 (Supreme Court Rule 13-17 ), eff. Nov. 8, 2013.
S.D. Codified Laws § 23-6-8.1 — SD Code / Title 23 / Chapter 6 / Section 23-6-8.1
Destruction of records of certain persons, incidents, and offenses
Status: in_force

The director of the Bureau of Criminal Statistics may authorize the destruction of information and records of:

(1) Persons who are dead;

(2) Persons seventy - five years of age or older unless a violation has occurred within the last ten years;

(3) Incidents that are no longer considered crimes under the laws of the State of South Dakota;

(4) Misdemeanor offenses whose final date of disposition occurred at least ten years prior to authorized destruction date.

Source: SL 1979, ch 158, § 7; SL 1984, ch 176.
S.D. Codified Laws § 23-5B-8 — SD Code / Title 23 / Chapter 5B / Section 23-5B-8
Disclosure of test results
Status: in_force

The results of any DNA testing ordered pursuant to § 23-5B-1 shall be disclosed to the court, the petitioner, and the state.

Source: SL 2009, ch 120, § 8.
S.D. Codified Laws § 23-5A-25 — SD Code / Title 23 / Chapter 5A / Section 23-5A-25
Release of record or sample for certain authorized purposes
Status: in_force

Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory may only be released for the following authorized purposes:

(1) For law enforcement identification purposes, including the identification of human remains, to federal, state, or local criminal justice agencies;

(2) For criminal defense and appeal purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged or was convicted;

(3) If personally identifiable information is removed, for forensic validation studies, forensic protocol development or quality control purposes and for establishment or maintenance of a population statistics database, to federal, state, or local forensic laboratories or law enforcement agencies; and

(4) If ordered by the court for determination of parentage and if there is no other available DNA sample and all other reasonable opportunities to locate a known sample have been exhausted.

Source: SL 2003, ch 133, § 25; SL 2010, ch 124, § 2.
S.D. Codified Laws § 23A-25-9 — SD Code / Title 23A / Chapter 25 / Section 23A-25-9
Discharge of jury on disability of member--Exception
Status: in_force

If, after the retirement of a jury, one of them becomes so sick as to prevent the continuance of his duty, or any other accident or cause occurs to prevent its being kept together for deliberation, it may be discharged, except as provided in § 23A-18-2 .

Source: SDC 1939 & Supp 1960, § 34.3656; SDCL, § 23-43-48; SL 1978, ch 178, § 316.
S.D. Codified Laws § 23-13-7 — SD Code / Title 23 / Chapter 13 / Section 23-13-7
Transcription and filing of testimony taken by prosecuting attorney
Status: in_force

A prosecuting attorney may, whenever necessary in his investigations, have the testimony taken by him written out in questions and answers and filed with the papers in the case.

Source: SDC 1939 & Supp 1960, § 34.1505; SL 1978, ch 169, § 3.
S.D. Codified Laws § 23A-47-1 — SD Code / Title 23A / Chapter 47 / Section 23A-47-1
Placement into administrative financial accountability system
Status: in_force

The Department of Corrections or the Unified Judicial System may place any adult offender with an outstanding court-ordered financial obligation into the administrative financial accountability system.

Source: SL 2013, ch 101, § 43, eff. Jan. 1, 2014.
S.D. Codified Laws § 23-24-29 — SD Code / Title 23 / Chapter 24 / Section 23-24-29
Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney
Status: in_force

When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.

Source: SDC 1939, § 34.1722; SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (1).
S.D. Codified Laws § 23A-35A-22 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-22
Use of pen register or trap and trace device without court order prohibited--Violation as misdemeanor
Status: in_force

Except as provided in § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, no person may install or use a pen register or a trap or trace device without first obtaining a court order under § 23A-35A-27 . A violation of this section is a Class 1 misdemeanor.

Source: SL 1988, ch 194, § 2.
S.D. Codified Laws § 23A-35-7 — SD Code / Title 23A / Chapter 35 / Section 23A-35-7
(Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance
Status: in_force

The return of a duplicate original warrant and its original warrant shall be in conformity with §§ 23A-35-8 to 23A-35-10 , inclusive. Upon the return, the magistrate shall require the person who gave the sworn oral testimony establishing the grounds for issuance of the warrant, to sign a copy of it.

Source: SL 1978, ch 178, § 444.
S.D. Codified Laws § 23-13-11 — SD Code / Title 23 / Chapter 13 / Section 23-13-11
Oral report of gunshot wound as soon as possible
Status: in_force

The report shall be made orally as soon as possible by any available means, to the sheriff of the county in which the wound is examined, dressed, or otherwise treated.

Source: SL 1967, ch 111, § 2; SL 1978, ch 169, § 5.
S.D. Codified Laws § 23A-27A-31.2 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-31.2
Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor
Status: in_force

The name, address, qualifications, and other identifying information relating to the identity of any person or entity supplying or administering the intravenous injection substance or substances under chapter 23A-27A are confidential. Disclosure of the foregoing information may not be authorized or ordered. Disclosure of confidential information pursuant to this section concerning the execution of an inmate under chapter 23A-27A is a Class 1 misdemeanor.

Source: SL 2008, ch 117, § 25; SL 2013, ch 113, § 1.
S.D. Codified Laws § 23A-6-19 — SD Code / Title 23A / Chapter 6 / Section 23A-6-19
(Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial
Status: in_force

If trial has not commenced, a prosecuting attorney may amend an information to allege, or to change the allegations regarding, any offense arising out of the same alleged conduct of the defendant that gave rise to any offense alleged in the original information. If the change alleges a new offense, the defendant has the right to a preliminary hearing on the new offense.

After commencement of a trial, the trial court may permit the prosecuting attorney to amend the information at any time before a verdict or finding is made, if no additional or different offense is charged and substantial rights of the defendant are not thereby prejudiced. An amendment may charge an additional or different offense with the express consent of the defendant.

Source: Supreme Court Rule 397, 1939; SDC 1939 & Supp 1960, § 34.3628; SDCL, § 23-39-1; SL 1978, ch 178, § 78.
S.D. Codified Laws § 23A-19-3 — SD Code / Title 23A / Chapter 19 / Section 23A-19-3
Grounds for challenge to panel--Bias of officer summoning additional jurors
Status: in_force

A challenge to a panel may only be based on a material departure from the procedure prescribed by law for the drawing and return of the jury, or on the intentional omission of the board of jury selectors or sheriff to summon one or more of the jurors drawn. However, if the panel is composed of any persons who were summoned to serve as jurors pursuant to § 16-13-42 , a challenge may be taken to the panel based upon the alleged bias of the officer who summoned them if such bias would be sufficient grounds for a challenge to an individual juror under § 23A-20-13.1 . Such challenge must be determined in the same manner as if made to an individual juror for bias.

Source: SDC 1939 & Supp 1960, §§ 34.3611, 34.3612; SDCL, §§ 23-43-11, 23-43-14; SL 1978, ch 178, § 264; SL 2021, ch 86, § 4.
S.D. Codified Laws § 23A-28B-7 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-7
Commission meetings--Quorum
Status: in_force

The commission shall meet as necessary to carry out its functions pursuant to the provisions of this chapter. A meeting may be called by the chairman or upon the request of any three members of the commission. Any meeting shall be held at a place and time fixed by the chairman. A majority of the duly appointed members of the commission constitutes a quorum to transact its business.

Source: SL 1991, ch 201, § 7.
S.D. Codified Laws § 23-5C-4 — SD Code / Title 23 / Chapter 5C / Section 23-5C-4
Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database
Status: in_force

For any rape or sexual assault that is reported by a victim under § 23-5C-2 , the law enforcement agency that receives a sexual assault kit from the health care facility in accordance with §§ 23-5C-2 and 23-5C-3 shall submit the evidence to the Division of Criminal Investigation or another accredited laboratory for analysis no more than fourteen days following the agency's receipt of the sexual assault kit. Any sexual assault kit that is submitted to the Division of Criminal Investigation or another accredited laboratory shall be analyzed within ninety days.

Any DNA record for a sexual assault kit analyzed under this section shall be uploaded into a database specified by the Division of Criminal Investigation. Any failure to comply with this chapter does not constitute grounds for challenging the validity of a DNA database match or of any database information in a criminal proceeding. A DNA record may not be excluded as evidence by a court solely on the grounds of failure to comply with this chapter.

Source: SL 2016, ch 130, § 4; SL 2019, ch 112, § 3.
S.D. Codified Laws § 23A-7-15 — SD Code / Title 23A / Chapter 7 / Section 23A-7-15
(Rule 11(g)) Record of proceedings at which plea entered--Contents
Status: in_force

A verbatim record of the proceedings at which a defendant enters a plea shall be made and, if there is a plea of guilty or nolo contendere, the record shall include, without limitation, the court's advice to the defendant, the inquiry into the voluntariness of the plea including any plea agreement, and the inquiry into the factual basis of a guilty plea. A verbatim record of a proceeding at which a defendant enters a plea to a misdemeanor need not be taken unless requested by the prosecuting attorney or the defendant.

Source: SL 1978, ch 178, § 106; SL 1979, ch 159, § 7.
S.D. Codified Laws § 23A-40-8 — SD Code / Title 23A / Chapter 40 / Section 23A-40-8
Compensation of assigned counsel
Status: in_force

Except as provided below, counsel assigned pursuant to § 23A-40-6 and subdivision 23A-40-7 (2) shall, after the disposition of the cause, be paid by the county in which the action is brought, or, in case of a parole revocation, by the county from which the inmate was sentenced, a reasonable and just compensation for the services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.

If the cause originated from a criminal offense committed by an inmate under confinement in a facility operated by the Department of Corrections, the Department of Corrections must, after the disposition of the cause, pay counsel assigned pursuant to § 23A-40-6 , a reasonable and just compensation for the services and for necessary expenses and costs incident to the proceedings in an amount to be fixed 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, § 34; SL 1983, ch 191, § 1; SL 2024, ch 94, § 2.
S.D. Codified Laws § 23A-35A-25 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-25
Contents of application
Status: in_force

An application under § 23A-35A-24 shall include the identity of the law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation and a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.

Source: SL 1988, ch 194, § 5.
S.D. Codified Laws § 23A-38-3 — SD Code / Title 23A / Chapter 38 / Section 23A-38-3
Order to witness before grand jury to show cause against contempt
Status: in_force

Whenever a witness in any proceeding before a grand jury of this state refuses without just cause to comply with an order to testify or provide other information, the prosecuting attorney may apply to the court for an order directing the witness to show cause why the witness should not be held in contempt.

Source: SL 1978, ch 178, § 476.
S.D. Codified Laws § 23-7-12 — SD Code / Title 23 / Chapter 7 / Section 23-7-12
False information or false evidence of identity to secure pistol or permit as felony
Status: in_force

No person, in purchasing or otherwise securing delivery of a pistol or in applying for a permit to carry a concealed pistol, may give false information or offer false evidence of his identity. A violation of this section is a Class 6 felony.

Source: SDC 1939, §§ 21.0113, 21.9901; SDCL, § 23-7-24 ; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 18.
S.D. Codified Laws § 23A-28C-15 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-15
Sharing of information by interagency multidisciplinary teams
Status: in_force

Nothing in §§ 23A-28C-3 and 23A-28C-4 may prevent interagency multidisciplinary teams from sharing information for the purposes of investigating a crime or providing services to victims, as defined in § 23A-28C-4 , in the course of the team member's speciality or occupation. Any information regarding a victim that a team member shares with other team members shall remain confidential, pursuant to this title and if the victim is a child, pursuant to § 26-8A-13 . A team shall consist of law enforcement personnel, a representative of the prosecuting attorney's office, licensed or certified medical professionals, and any victim advocate. Any interagency multidisciplinary team formed to investigate crimes involving child victims shall also include child advocacy center staff where such staff is available in the region, Department of Social Services child protection staff, and licensed or certified mental health professionals. The team may include additional members at the discretion of the team if the additional member would benefit the victim. Each multidisciplinary team shall have written procedures and guidelines. Multidisciplinary team members shall annually sign a memorandum of understanding acknowledging the procedure and guidelines. The memorandum of understanding shall also include an information sharing and confidentiality agreement, approved by the attorney general, assuring compliance with title 23A. The multidisciplinary team shall file a list of team members and the memorandums of understanding with the Office of the Attorney General and the Department of Social Services as required by § 26-8A-17 .

Source: SL 2018, ch 146, § 3.
S.D. Codified Laws § 23A-28-5 — SD Code / Title 23A / Chapter 28 / Section 23A-28-5
Factors considered in formulating restitution plan
Status: in_force

The court services officer when assisting the defendant in preparing the plan of restitution and the court before approving or modifying the plan of restitution shall consider the physical and mental health and condition of the defendant, the defendant's age, the defendant's education, the defendant's employment circumstances, the defendant's potential for employment and vocational training, the defendant's family circumstances, the defendant's financial condition, the number of victims, the pecuniary damages of each victim, what plan of restitution will most effectively aid the rehabilitation of the defendant, and each victim, and such other factors as may be appropriate.

Source: SL 1978, ch 177, § 2; SDCL Supp, § 23-48A-3; SL 1978, ch 178, § 357; SL 1986, ch 196, § 2; SL 1987, ch 179, § 2; SL 1999, ch 124, § 2.
S.D. Codified Laws § 23-1A-6 — SD Code / Title 23 / Chapter 1A / Section 23-1A-6
Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent
Status: in_force

A minor may be sued for the commission of a petty offense without the appointment of a guardian ad litem. A state's attorney may dismiss a petty offense complaint issued to a minor any time before judgment is entered and try the minor instead as a juvenile delinquent.

Source: SL 1977, ch 193, § 19.
S.D. Codified Laws § 23-24A-10 — SD Code / Title 23 / Chapter 24A / Section 23-24A-10
Request for disposition includes all untried accusations
Status: in_force

Any request for final disposition made by a prisoner pursuant to § 23-24A-3 shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed.

Source: SL 1972, ch 150, § 6.
S.D. Codified Laws § 23-14-18.2 — SD Code / Title 23 / Chapter 14 / Section 23-14-18.2
Jurisdiction and duties of special death investigators
Status: in_force

At the request of a county coroner having jurisdiction over a dead body, or at the request of a state's attorney in deaths which may have occurred by unlawful means, the special death investigator may directly assume jurisdiction over any dead body when determination of the cause and manner of death may be in the public interest, with the same duties and responsibilities as a county coroner. With the concurrence of the county coroner, a special death investigator may issue subpoenas for witnesses or records pertaining to deaths investigated pursuant to § 23-14-18 .

Source: SL 1989, ch 204, § 2; SL 1998, ch 145, § 2.
S.D. Codified Laws § 23A-6-4 — SD Code / Title 23A / Chapter 6 / Section 23A-6-4
(Rule 7(c)(1)) Allegations contained in indictment or information--Incorporation by reference--Citation of law--Error in citation
Status: in_force

The indictment or the information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. The information must be signed by the prosecuting attorney to be valid. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement.

Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown, but, if it is alleged that he committed it by more than one specified means, each means shall be stated in a separate count.

The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation, or other provision of law which the defendant is alleged to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.

Source: Supreme Court Rule 365, 1939; SDC 1939 & Supp 1960, § 34.3008; SDCL, § 23-32-5; SL 1978, ch 178, § 64.
S.D. Codified Laws § 23A-27A-24 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-24
Defendant incompetent to be executed--Suspension of sentence--Confinement--Periodic review
Status: in_force

If the sentencing court finds the defendant is not mentally competent to be executed the sentencing court shall suspend the execution of sentence until the defendant is mentally competent to be executed. The defendant shall remain confined under the physical custody of the Department of Corrections. The sentencing court shall review the defendant's mental condition at least once every six months during the period that the execution of sentence is suspended.

Source: SL 1939, ch 135, § 6; SDC Supp 1960, § 34.37A06; SDCL § 23-49-11; SL 1979, ch 160, § 26; SL 2008, ch 117, § 15.
S.D. Codified Laws § 23A-32-10 — SD Code / Title 23A / Chapter 32 / Section 23A-32-10
New trial motion not required to preserve grounds for appeal
Status: in_force

Such of the matters specified in § 23A-29-1 as may have been timely presented to the trial court by motion for judgment of acquittal, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for a new trial.

Source: SDC 1939 & Supp 1960, §§ 34.4007, 34.4109; SDCL, §§ 23-51-3, 23-51-18; SL 1978, ch 178, § 388.
S.D. Codified Laws § 23A-12-1 — SD Code / Title 23A / Chapter 12 / Section 23A-12-1
(Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail
Status: in_force

Depositions shall not be ordered for discovery or any other purpose except as specifically provided by statute or rule.

Whenever due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the parties order that testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged, be produced at the same time and place. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his deposition be taken. After the deposition has been subscribed the court may discharge the witness.

Source: SL 1978, ch 178, § 131; SL 1979, ch 159, § 10.
S.D. Codified Laws § 23A-38-8 — SD Code / Title 23A / Chapter 38 / Section 23A-38-8
Place of confinement of person held in contempt
Status: in_force

Any confinement shall be at a suitable correctional facility within the circuit in which the sentencing court is located. Upon a showing of need or hardship the court ordering confinement may grant a request by the witness to be imprisoned at a suitable correctional facility near the place of residence or employment of the witness, or the witness' family or relatives or the attorney of the witness.

Source: SL 1978, ch 178, § 474.
S.D. Codified Laws § 23-26A-10 — SD Code / Title 23 / Chapter 26A / Section 23-26A-10
Citation of chapter
Status: in_force

This chapter may be cited as the Uniform Rendition of Accused Persons Act.

Source: SL 1978, ch 174, § 10.
S.D. Codified Laws § 23A-12-2 — SD Code / Title 23A / Chapter 12 / Section 23A-12-2
(Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend
Status: in_force

The party at whose instance a deposition is to be taken in the state shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce him at the examination and keep him in the presence of the witness during the examination, unless, after being warned by the court that disruptive conduct will cause him to be removed from the place of the taking of the deposition, he persists in conduct which is such as to justify his being excluded from that place. A defendant not in custody shall have the right to be present at the examination upon request subject to such terms as may be fixed by the court, but his failure, absent good cause shown, to appear after notice and tender of expenses in accordance with § 23A-12-3 shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.

Source: SL 1978, ch 178, § 132.
S.D. Codified Laws § 23A-27-46 — SD Code / Title 23A / Chapter 27 / Section 23A-27-46
Recovery of defendant--Notice--Final sentencing
Status: in_force

When the administrator of the human services center determines that the defendant has recovered from his mental disease or defect to such an extent that he is no longer in need of custody for care or treatment in such a facility, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to defendant's counsel and to the prosecuting attorney. If, at the time of the filing of the certificate, the provisional sentence imposed pursuant to § 23A-27-45 has not expired, the court shall proceed finally to sentencing and may modify the provisional sentence.

Source: SL 1985, ch 192, § 23.
S.D. Codified Laws § 23A-44-15 — SD Code / Title 23A / Chapter 44 / Section 23A-44-15
(Rule 52(b)) Plain error noticed though not brought to court's attention
Status: in_force

Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of a court.

Source: SL 1978, ch 178, § 548.
S.D. Codified Laws § 23-14-9.2 — SD Code / Title 23 / Chapter 14 / Section 23-14-9.2
Autopsy fees--Physician, surgeon, or coroner performing autopsy--Responsibility for costs--Recovery from perpetrator’s estate
Status: in_force

A physician or surgeon appointed under § 23-14-9.1 , or the coroner if the coroner is a physician or surgeon providing services pursuant to § 23-14-9.1 , shall receive a reasonable fee for services rendered, as approved by the board of county commissioners. The board shall pay the fee out of the general fund of the county.

The decedent's county of residence must reimburse the county in which the autopsy occurred for the cost of the autopsy if:

(1) The death occurred in a county other than the decedent's county of residence; and

(2) The county of residence requested the autopsy or is the site where the accident or injury leading to the death occurred.

If a perpetrator of a crime dies during the commission of the crime, or the perpetrator commits suicide subsequent to the commission of the crime, the county that paid for the autopsy may recover the cost of the autopsy and any other related expenses from the perpetrator's estate.

Source: SL 1951, ch 188, § 1; SDC Supp 1960, § 34.1015; SL 1961, ch 184, § 1; SL 1967, ch 103, § 2; SDCL, § 23-13-9; SL 1978, ch 171, § 13; SL 1987, ch 172; SL 2025, ch 101, § 1.
S.D. Codified Laws § 23A-20-19 — SD Code / Title 23A / Chapter 20 / Section 23A-20-19
Peremptory challenge defined--Either party
Status: in_force

A peremptory challenge is an objection to a juror for which no reason need be given. It can be taken by either party and may be oral. A court must exclude a juror on a peremptory challenge.

Source: SDC 1939 & Supp 1960, § 34.3615; SDCL, § 23-43-27; SL 1978, ch 178, § 250.
S.D. Codified Laws § 23-3-9 — SD Code / Title 23 / Chapter 3 / Section 23-3-9
Expenditures of division limited to appropriation
Status: in_force

Nothing contained in this chapter, however, shall authorize the attorney general to expend more than the appropriation provided by law for the maintenance and operation of the Division of Criminal Investigation.

Source: SDC 1939, § 55.1601 as added by SL 1966, ch 161, § 1.
S.D. Codified Laws § 23A-27A-34 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-34
Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by secretary of corrections
Status: in_force

The secretary of corrections shall request, by at least two days' previous notice, the presence of the attorney general, the trial judge before whom the conviction was had or the judge's successor in office, the state's attorney and sheriff of the county where the crime was committed, representatives of the victim, at least one member of the news media, and a number of reputable adult citizens to be determined by the secretary. All witnesses and persons present at an execution are subject to approval by the secretary.

Source: SL 1939, ch 135, § 13; SL 1939, ch 136; SDC Supp 1960, § 34.37A13; SDCL § 23-49-22; SL 1979, ch 160, § 36; SL 2007, ch 152, § 1; SL 2008, ch 117, § 27; SL 2023, ch 82, § 43.
S.D. Codified Laws § 23-14-18.1 — SD Code / Title 23 / Chapter 14 / Section 23-14-18.1
Designation of special death investigators
Status: in_force

The secretary of health may designate physicians, physician's assistants, or certified nurse practitioners with competency in the field of forensic pathology as special death investigators.

Source: SL 1989, ch 204, § 1; SL 1991, ch 198, § 2; SL 2017, ch 171, § 50.
S.D. Codified Laws § 23A-27-41 — SD Code / Title 23A / Chapter 27 / Section 23A-27-41
Facilities providing treatment for mentally ill probationer--Payment of expense
Status: in_force

The treatment required by § 23A-27-40 shall be provided by local mental health agencies, if available, or by a facility under the jurisdiction of the Department of Social Services. The defendant is responsible for payment for his treatment unless he is indigent. If the defendant is indigent and no other source of payment is available, payment for his treatment shall be paid by the county of his residence. With the court's approval, treatment at the defendant's expense may be provided by private agencies, private physicians, or other mental health personnel.

Source: SL 1983, ch 174, § 22; SL 1989, ch 21, § 48; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 23A-14-3 — SD Code / Title 23A / Chapter 14 / Section 23A-14-3
(Rule 17(b)) Subpoenas for indigent defendant--Payment of costs
Status: in_force

If a defendant has received court appointed counsel pursuant to chapter 23A-40 , the court shall order at any time that a subpoena be issued upon the application of the defendant to the court. The defendant must state that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed by the process shall be paid in the same manner in which similar costs and fees are paid in the case of a witness subpoenaed in behalf of the state. Such motion may be made ex parte.

Source: SL 1978, ch 178, § 179.
S.D. Codified Laws § 23A-20-30 — SD Code / Title 23A / Chapter 20 / Section 23A-20-30
Degree of kindred--Direct and collateral line--Descending and ascending direct line--Degrees in collateral line
Status: in_force

The degree of kindred is established by the number of generations, and each generation is called a degree. The series of degrees form the line; the series of degrees between persons who descend from one another is called direct or lineal consanguinity; and the series of degrees between persons who do not descend from one another, but spring from a common ancestor, is called the collateral line or collateral consanguinity.

The direct line is divided into a direct line descending and a direct line ascending. The first is that which connects the ancestor with those who descend from that ancestor. The second is that which connects a person with those from whom that person descends. In the direct line there are as many degrees as there are generations. Thus the son is, with regard to the father, in the first degree; the grandson in the second; and vice versa with regard to the father and grandfather toward the sons and grandsons.

In the collateral line the degrees are counted by generations from one of the relations up to the common ancestor, and from the common ancestor to the other relations. In such computation the person whose consanguinity or affinity is being determined is excluded, the relative included, and the ancestor counted but once. Thus brothers are related in the second degree, uncle and nephew in the third degree, cousins germane in the fourth degree, and so on.

Source: SL 1998, ch 148, § 3.
S.D. Codified Laws § 23-1A-4 — SD Code / Title 23 / Chapter 1A / Section 23-1A-4
Complaint and summons as only complaint necessary
Status: in_force

Whenever the complaint and summons promulgated pursuant to § 23-1A-2 are used, the attorney for the plaintiff need not make or file any other complaint for the offense charged.

Source: SL 1977, ch 193, § 3.
S.D. Codified Laws § 23A-5-11.1 — SD Code / Title 23A / Chapter 5 / Section 23A-5-11.1
Recording of testimony of witness before grand jury
Status: in_force

The testimony of any witness appearing before a grand jury in any case shall be recorded. Such testimony may be recorded by means of an electronic recording device.

Source: SL 1987, ch 173; SL 1998, ch 147, § 1.
S.D. Codified Laws § 23-7-46 — SD Code / Title 23 / Chapter 7 / Section 23-7-46
Prohibited transfer of firearms and ammunition to juveniles--Felony
Status: in_force

No person may sell, transfer, give, loan, furnish, or deliver a firearm or firearm ammunition to any person under the age of eighteen years if such person knows or reasonably believes that the minor recipient of the transfer intended, at the time of transfer, to use the firearm or ammunition in the commission or attempted commission of a crime of violence as defined in subdivision 22-1-2(9). The affirmative defenses contained in chapter 23-7 do not apply to a prosecution under this section. A violation of this section is a Class 5 felony.

Source: SL 1994, ch 173.
S.D. Codified Laws § 23-3-39.8 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.8
Policies on response to domestic abuse situations
Status: in_force

Each law enforcement agency shall adopt and implement written policies on its response to domestic abuse situations. The policies shall include standards of a felony, misdemeanor, and citizen's arrest; verification and enforcement of restraining and stay away orders; cite and release policies; emergency assistance to victims including medical care, transportation to shelter, and police standbys for removing personal property; assistance to victims in pursuing criminal prosecution; notification to victims of their rights; and incident report writing.

Source: SL 1994, ch 171, § 3.
S.D. Codified Laws § 23-5A-10 — SD Code / Title 23 / Chapter 5A / Section 23-5A-10
Fingerprints to be provided as identification of person
Status: in_force

A fingerprint or fingerprints shall be provided from a person convicted of, or adjudicated delinquent for, a qualifying offense for the purpose of verifying the identity of that person.

Source: SL 2003, ch 133, § 10.
S.D. Codified Laws § 23A-27-25.8 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.8
Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder
Status: in_force

If the sentencing court finds good cause to reduce the fees or costs imposed under § 23A-27-25.7 , the court shall issue an order stating that the defendant shall be credited the current rate of pay for institutional work assignments against the fines or costs imposed in the priority ordered by the court. The reduction must be in accordance with work performed by the defendant related to reasonable institutional work assignments. Any work required as a disciplinary sanction for misconduct may not count as a credit against fines or costs imposed. The Department of Corrections shall record the number of hours the defendant worked pursuant to this section. The defendant shall be responsible for any outstanding amount following release from incarceration.

Source: SL 2022, ch 73, § 2.
S.D. Codified Laws § 23A-27A-20 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-20
Reprieve or suspension of sentence by Governor during investigation
Status: in_force

The Governor may reprieve or suspend the execution of the sentence for such reasonable time as the Governor may see fit for the purpose of completing an investigation or other like proper purpose but the period of reprieve or suspension shall not in any event, exceed ninety days.

Source: SL 1939, ch 135, § 4; SDC Supp 1960, § 34.37A04; SDCL § 23-49-7; SL 1979, ch 160, § 22; SL 2008, ch 117, § 7.
S.D. Codified Laws § 23A-20-15 — SD Code / Title 23A / Chapter 20 / Section 23A-20-15
Objections to challenge of jurors--Denial of facts
Status: in_force

An adverse party or counsel may object to a challenge in the manner specified in §§ 23A-19-6 to 23A-19-9 , inclusive, and the same proceedings must be had thereon, except that if an objection is allowed the juror must be excluded. An adverse party may also orally deny facts alleged as a ground for challenge.

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-20-1 — SD Code / Title 23A / Chapter 20 / Section 23A-20-1
Jurors summoned for civil actions used for criminal trials
Status: in_force

Jurors drawn and summoned for the trial of civil actions are also the jurors for the trial of criminal actions.

Source: SDC 1939 & Supp 1960, § 34.3604; SDCL, § 23-43-1; SL 1978, ch 178, § 233.
S.D. Codified Laws § 23-5A-3 — SD Code / Title 23 / Chapter 5A / Section 23-5A-3
Duties of State Forensic Laboratory
Status: in_force

The South Dakota State Forensic Laboratory shall:

(1) Administer the State DNA Identification Record System to support law enforcement agencies and other criminal justice agencies;

(2) Promulgate rules, pursuant to chapter 1-26 , regarding DNA evidence collection, storage, and transfer, and the dissemination of information relating to the DNA evidence;

(3) Provide for liaison with the FBI and other criminal justice agencies relating to the state's participation in CODIS and the National DNA Identification Index or in any DNA database designated by the South Dakota State Forensic Laboratory.

Source: SL 2003, ch 133, § 3.
S.D. Codified Laws § 23-6-7 — SD Code / Title 23 / Chapter 6 / Section 23-6-7
Authority of director to enter prisons and penal institutions--Misdemeanor
Status: in_force

The director, or any person deputized by the director, upon exhibiting specific written authorization by the director, is empowered to enter any prison, jail, penal, or reformatory institution in this state, and to take or cause to be taken fingerprints or photographs, or both, and to make investigation relative to any person, confined therein, who has been accused or convicted of a crime, for the purpose of obtaining information which may lead to the identification of criminals. The officials in charge of all such institutions are hereby required to render the director, and all persons so deputized by him, the needed assistance to that end. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 138, §§ 8, 15; SDC Supp 1960, §§ 55.15A08, 55.9933; SDCL, § 23-6-18 ; SL 1978, ch 169, § 2.
S.D. Codified Laws § 23-7-48 — SD Code / Title 23 / Chapter 7 / Section 23-7-48
Attorney general's transmission of certain names to National Instant Criminal Background Check System
Status: in_force

The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of any person who is prohibited from possessing a firearm under 18 U.S.C. 922(g)(4) because the person was acquitted of a crime by reason of insanity pursuant to § 23A-26-5 , the person was determined to be incompetent to stand trial pursuant to § 23A-10A-4 , or the person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6).

Source: SL 2014, ch 113, § 3.
S.D. Codified Laws § 23-24-30 — SD Code / Title 23 / Chapter 24 / Section 23-24-30
Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents
Status: in_force

When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the Board of Pardons and Paroles, or the warden of the institution or sheriff of the county, from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement, or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.

Source: SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (2).
S.D. Codified Laws § 23A-10A-15 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-15
Length of detention for Class A, B, or C felony
Status: in_force

If the most serious charge against the defendant is a Class A, B, or C felony, the order shall be for a term of years the court determines is reasonable or until the charges have been dismissed by the prosecution. The order may not exceed the maximum penalty allowable for the most serious charge facing the defendant. Upon expiration of the order of detention, the criminal charges against the defendant shall be dismissed. If the prosecutor believes there is probable cause to believe that the defendant is a danger to self or to others at the time of dismissal, the prosecutor may file a petition in accordance with chapter 27A-10 or 27A-11A or title 27B, for further restoration to competency.

Every twelve months thereafter, the director of the approved facility shall notify the court if the defendant is still in a restoration to competency program under the direction of an approved facility or in the approved facility pursuant to this chapter, and the circuit court shall hold a hearing to review any order of detention to determine if the defendant has become competent to proceed.

Source: SL 1991, ch 199, §§ 8, 9; SL 2020, ch 97, § 5; SL 2021, ch 107, § 2.
S.D. Codified Laws § 23A-27A-8 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-8
Accumulation of prior capital felony records by Supreme Court--Staff and methods
Status: in_force

The Supreme Court shall accumulate the records of all capital felony cases that the court deems appropriate.

The court may employ an appropriate staff and such methods to compile the data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence.

Source: SL 1979, ch 160, § 13; SL 1982, ch 185.
S.D. Codified Laws § 23A-28A-3 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-3
Escrow account for benefit of victim--Civil action by victim
Status: in_force

The attorney general shall deposit such moneys in an escrow account and shall escrow such personal property in an appropriate manner for the benefit of and payable to any victim or legal representative of any victim of crimes committed by such convicted person, or by such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his representatives.

Source: SL 1982, ch 184, § 2.
S.D. Codified Laws § 23A-27-18.4 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18.4
Suspension of correctional facility sentence--Conditions--Supervision
Status: in_force

Upon conviction, the sentencing court may suspend any portion of a state incarceration sentence subject to conditions or restrictions as the court may impose. The suspension order or judgment can be made only in the court in which the conviction occurred. A defendant with a partially suspended state incarceration sentence is under the supervision of the Department of Corrections and the Board of Pardons and Paroles. The board is charged with the responsibility for enforcing the conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the suspended portion of the sentence for violation of the terms of parole or the terms of the suspension.

A defendant with an entirely suspended state incarceration sentence is under the supervision of the sentencing court unless the entirely suspended state incarceration sentence is concurrent or consecutive to an additional state incarceration sentence in which case, the defendant is under the supervision of the Board of Pardons and Paroles.

Source: SL 2010, ch 129, § 3; SL 2023, ch 82, § 28.
S.D. Codified Laws § 23A-28B-22 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-22
Compensation reduced by amount of collateral payment
Status: in_force

Any award of victims' compensation made pursuant to this chapter shall be reduced by the amount of any payment received, or to be received, by the victim from any collateral source as a result of the conduct giving rise to the application for compensation. For purposes of this section, the term, collateral source, means a source of income or other benefits or advantages for economic loss which is otherwise compensable under the provisions of this chapter and which the victim or claimant has received, or which is readily available from:

(1) The offender or any third party who is liable for the offender's conduct;

(2) The government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for such benefits mandates that they be excess or secondary to benefits available under this chapter;

(3) Social security, medicare, and medicaid;

(4) Temporary nonoccupational disability insurance;

(5) Workers compensation;

(6) Any wage continuation program of an employer;

(7) Any proceeds of a contract of insurance payable to the victim for economic loss sustained as a result of the crime; or

(8) Any contract providing prepaid hospital or other health care services or benefits for disability.

Source: SL 1991, ch 201, § 22.
S.D. Codified Laws § 23-14-12 — SD Code / Title 23 / Chapter 14 / Section 23-14-12
Inquest not made public until arrest directed
Status: in_force

If the inquisition find that a crime has been committed on the deceased, and name the person whom the jury believe committed it, the inquest shall not be made public until after the arrest directed in § 23-14-13 .

Source: SDC 1939 & Supp 1960, § 34.1011.
S.D. Codified Laws § 23A-13-6 — SD Code / Title 23A / Chapter 13 / Section 23A-13-6
Statement by witness not discoverable until testimony in preliminary hearing or trial
Status: in_force

In any criminal prosecution, no statement in the possession of the prosecuting attorney, which was made by a prosecution witness or prospective prosecution witness (other than the defendant), shall be the subject of subpoena, discovery, or inspection until such witness has testified on direct examination in the preliminary hearing or in the trial of the case.

Source: SL 1978, ch 178, § 146; SL 1979, ch 159, § 10A.
S.D. Codified Laws § 23A-7-5 — SD Code / Title 23A / Chapter 7 / Section 23A-7-5
(Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence
Status: in_force

A court, except as provided in this section, shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. It shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the prosecuting attorney and the defendant or his attorney.

If a defendant is charged with a misdemeanor, his attorney may enter a plea of guilty, nolo contendere, or not guilty for him. The court shall inquire into whether the attorney has advised the defendant of the contents of § 23A-7-4 . If the court is satisfied that the defendant has been advised, the plea may be accepted. If the plea is guilty or nolo contendere, sentence may be imposed at that time and is binding upon the defendant.

Source: SL 1913, ch 161, § 2; RC 1919, § 4741; SDC 1939 & Supp 1960, § 34.2302; SDCL, § 23-35-19; SL 1978, ch 178, § 95.
S.D. Codified Laws § 23A-27A-31 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-31
Warrant appointing new time for execution issued by sentencing court if defendant not executed within original time period
Status: in_force

If the time period for the execution of any defendant in a capital case has passed by reason of a stay of proceedings incident to appellate review or by reason of the issuance of a writ of habeas corpus, certiorari, or other original remedial writ of the Supreme Court, or for any other reason, the sentencing court shall issue a warrant of death sentence and execution in accordance with § 23A-27A-15 appointing a new week for the execution of the original sentence without requiring the defendant to be brought before the sentencing court. Upon its issuance, the clerk of the court in which the sentence was pronounced shall immediately send a certified copy of the warrant of death sentence and execution to all attorneys of record, to the warden having custody of the defendant, to the secretary of corrections, and to the Governor. The warden shall execute the warrant of death sentence and execution accordingly. This procedure applies to any case in which the time period for carrying out the original warrant of death sentence and execution has elapsed without regard to whether the original warrant was issued prior or subsequent to July 1, 1998.

Source: SL 1939, ch 135, § 10; SDC Supp 1960, § 34.37A10; SDCL § 23-49-19; SL 1979, ch 160, § 33; SL 1998, ch 149, § 1; SL 2008, ch 117, § 23.
S.D. Codified Laws § 23A-27-14.2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-14.2
Revocation or refusal of gaming or racing license--Conditional license
Status: in_force

Notwithstanding §§ 23A-27-14 and 23A-27-17 , a person who has received an order pursuant to the provisions of § 23A-27-13 for a felony offense, who is licensed or seeks to be licensed by the South Dakota Commission on Gaming pursuant to the provisions of § 42-7B-22 or subdivision 42-7-56(12), shall have an application refused or a license revoked after a hearing as provided pursuant to chapter 1-26 unless the person has successfully completed the probationary period imposed by the court. However, the commission may grant a conditional license during the probationary period imposed by the court if the applicant or licensee proves by clear and convincing evidence to the satisfaction of the commission that the person is suitable to hold the license.

Source: SL 2000, ch 114, § 1; SL 2015, ch 220, § 4.
S.D. Codified Laws § 23-3-39.7 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.7
Domestic abuse training to utilize law enforcement officer training fund
Status: in_force

The attorney general's office shall provide the training as required in § 23-3-39.5 utilizing the law enforcement officer training fund.

Source: SL 1994, ch 171, § 2A.
S.D. Codified Laws § 23-7-65 — SD Code / Title 23 / Chapter 7 / Section 23-7-65
Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol permit.

Source: SL 2016, ch 132, § 12, eff. Jan. 1, 2017.
S.D. Codified Laws § 23A-44-5.1 — SD Code / Title 23A / Chapter 44 / Section 23A-44-5.1
Time allowed for disposition of criminal case--Periods excluded--Dismissal
Status: in_force

(1) Every person indicted, informed or complained against for any offense shall be brought to trial within one hundred eighty days , and such time shall be computed as provided in this section.

(2) Such one hundred eighty day period shall commence to run from the date the defendant has first appeared before a judicial officer on an indictment, information or complaint.

(3) If such defendant is to be tried again following a mistrial, an order for a new trial, or an appeal or collateral attack, such period shall commence to run from the date of the mistrial, filing of the order granting a new trial, or the filing of the mandate on remand.

(4) The following periods shall be excluded in computing the time for trial:

(a) The period of delay resulting from other proceedings concerning the defendant, including but not limited to an examination and hearing on competency and the period during which he is incompetent to stand trial; the time from filing until final disposition of pretrial motions of the defendant, including motions brought under § 23A-8-3 ; motions for a change of venue; and the time consumed in the trial of other charges against the defendant;

(b) The period of delay resulting from a continuance granted at the request or with the consent of the defendant or his counsel provided it is approved by the court and a written order filed. A defendant without counsel shall not be deemed to have consented to a continuance unless he has been advised by the court of his right to a speedy trial and the effect of his consent;

(c) The period of delay resulting from a continuance granted by the court at the request of the prosecuting attorney if the continuance is granted because of the unavailability of evidence material to the state's case, when the prosecuting attorney has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will be available at the later date and provided a written order is filed;

(d) The period of delay resulting from the absence or unavailability of the defendant;

(e) A reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and there is good cause for not granting a severance. In all other cases the defendant shall be granted a severance so that he may be tried within the time limits applicable to him;

(f) The period of delay resulting from a change of judge or magistrate obtained by the defendant under chapter 15-12 ;

(g) The period of delay during the declaration of a judicial emergency by the Supreme Court pursuant to chapter 16-3 which shall be retroactive to the date the judicial emergency is declared; and

(h) Other periods of delay not specifically enumerated herein, but only if the court finds that they are for good cause. A motion for good cause need not be made within the one hundred eighty day period.

(5) If a defendant is not brought to trial before the running of the time for trial, as extended by excluded periods, prejudice to the defendant is presumed. Unless the prosecuting attorney rebuts the presumption of prejudice, the defendant shall be entitled to a dismissal with prejudice of the offense charged and any other offense required by law to be joined with the offense charged.

Source: Supreme Court Rule 85-4; SL 1991, ch 445 (Supreme Court Rule 91-11); SL 2012, ch 263 (Supreme Court Rule 12-09), eff. July 1, 2012; SL 2018, ch 300 (Supreme Court Rule 18-09), eff. July 1, 2018; SL 2022, ch 253 (Supreme Court Rule 21-12), eff. Sep. 1, 2021; SL 2022, ch 253 (Supreme Court Rule 21-12), eff. Sep. 1, 2021.
S.D. Codified Laws § 23-7-54.4 — SD Code / Title 23 / Chapter 7 / Section 23-7-54.4
Request for unrestricted enhanced permit upon reaching age twenty-one
Status: in_force

A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.

Source: SL 2018, ch 141, § 4, eff. Mar. 9, 2018.
S.D. Codified Laws § 23A-3-18 — SD Code / Title 23A / Chapter 3 / Section 23A-3-18
Disposition of prisoner taken on intrastate fresh pursuit
Status: in_force

If an arrest under § 23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate of the county where the arrest was made, and the court shall admit the prisoner to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of the prisoner before the court having jurisdiction of the criminal offense.

Source: SL 1941, ch 153, § 2; SDC Supp 1960, § 34.16A03; SDCL, § 23-22-40; SL 1978, ch 178, § 32.
S.D. Codified Laws § 23A-27A-12 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-12
Factors reviewed by Supreme Court regarding sentence
Status: in_force

With regard to the sentence, the Supreme Court shall determine:

(1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and

(2) Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in § 23A-27A-1 ; and

(3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.

Source: SL 1979, ch 160, § 10.
S.D. Codified Laws § 23A-7-13 — SD Code / Title 23A / Chapter 7 / Section 23A-7-13
(Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions
Status: in_force

Except as provided in this section, evidence of a plea of guilty or nolo contendere which was later withdrawn, of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to a plea of guilty or nolo contendere, later withdrawn, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for perjury if the statement was made by the defendant under oath, on the record, and in the presence of counsel.

Source: SL 1978, ch 178, § 104.
S.D. Codified Laws § 23A-10A-10 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-10
Expense of maintenance of defendant committed
Status: in_force

The expenses of keeping a defendant in the approved facility is chargeable and collectible in the same manner as when a mentally ill person not charged with a public offense is committed thereto.

Source: SDC 1939 & Supp 1960, § 34.2005; SDCL, § 23-38-8; SL 1978, ch 175, § 10; SL 1991, ch 199, § 12.
S.D. Codified Laws § 23-24A-19 — SD Code / Title 23 / Chapter 24A / Section 23-24A-19
Duty of custodial officer to give over person of inmate
Status: in_force

It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.

Source: SL 1972, ch 150, § 31.
S.D. Codified Laws § 23A-22-14 — SD Code / Title 23A / Chapter 22 / Section 23A-22-14
Proof of incorporation of bank not required in forgery or counterfeiting prosecution--Expert testimony as to forgery or counterfeiting
Status: in_force

In prosecutions for forging a bill or note of an incorporated company or bank, or for passing or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it is not necessary to prove the incorporation of the bank or company by its charter or act of incorporation, but it may be proved by general reputation, and persons of skill are competent witnesses to prove that such bill or note is forged or counterfeited.

Source: Supreme Court Rule 401, 1939; SDC 1939 & Supp 1960, § 34.3641; SDCL, § 23-44-14; SL 1978, ch 178, § 286.
S.D. Codified Laws § 23A-46-6 — SD Code / Title 23A / Chapter 46 / Section 23A-46-6
Habeas corpus proceeding not precluded
Status: in_force

Nothing contained in § 23A-26-12 or 23A-46-10 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention.

Source: SL 1985, ch 192, § 35.
S.D. Codified Laws § 23-24-8 — SD Code / Title 23 / Chapter 24 / Section 23-24-8
Governor's warrant of arrest--Issuance--Recitals
Status: in_force

If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest, sealed with the state seal, and direct it to any peace officer or other person whom the Governor entrusts with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.

Source: SDC 1939, § 34.1707; SL 1953, ch 200, § 7; SL 2023, ch 3, § 31.
S.D. Codified Laws § 23-7-8.2 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.2
Duration of permit
Status: in_force

The permit to carry a concealed pistol is valid for a period of five years from the date of issuance.

Source: SL 1985, ch 190, § 12; SL 1993, ch 182, § 1; SL 1994, ch 177, § 1; SL 1997, ch 141, § 1; SL 2013, ch 111, § 1; SL 2021, ch 104, § 1; SL 2022, ch 70, § 1.
S.D. Codified Laws § 23A-48-19 — SD Code / Title 23A / Chapter 48 / Section 23A-48-19
Criteria for awarding earned discharge credits
Status: in_force

A probationer shall be awarded earned discharge credits while on supervised probation as follows:

(1) For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge credit shall reduce the term of supervised probation by 30 days. No earned discharge credit may be awarded for a partial month or the last two full months of supervised probation. No earned discharge credit may be awarded for any month, or portion of a month, during which the probationer is incarcerated.

(2) A probationer shall not receive an earned discharge credit for any month(s) during which a probation violation is pending before the court. If the court does not sustain the probation violation, the court may enter a written order awarding earned discharge credits to the probationer for the months the probation violation was pending before the court. Absent such an order the probationer shall not be entitled to any earned discharge credit for such period of time.

(3) Earned discharge credits shall not be awarded to a probationer for any month(s) in which a probationer is absconded. Additionally, a probationer shall not be awarded earned discharge credit for any month in which the probationer was sanctioned for conduct that disqualifies the probationer from receiving earned discharge credits as provided by the graduated response grid.

(4) A South Dakota probationer placed on supervised probation who is supervised in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to §§ 23A-48-15 to 23A-48-22 , inclusive.

(5) Earned discharge credits shall be applied to the probation term within fifteen days after the end of the month in which any credit was earned. A probationer who is eligible for earned discharge credits shall be notified of their probation discharge date on a semi-annual basis.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15, § 5), eff. Jan. 1, 2014; SL 2015, ch 275 (Supreme Court Rule 15-13), eff. July 1, 2015; SL 2024, ch 240 (Supreme Court Rule 24-02), eff. Feb. 20, 2024.
S.D. Codified Laws § 23A-7-7 — SD Code / Title 23A / Chapter 7 / Section 23A-7-7
Pleading to habitual offender information--Jury trial
Status: in_force

When an habitual offender information has been filed, after a finding of guilty on the principal offense, an admission or denial shall be made and, if necessary, an election on a jury trial shall be made on the habitual offender information. Any trial may be had to another jury, at the request of the defendant.

Source: SL 1959, ch 234; SDC Supp 1960, § 34.3009-1; SL 1961, ch 183; SDCL, § 23-32-11; SL 1976, ch 158, § 7-7 ; SL 1978, ch 178, § 97.
S.D. Codified Laws § 23-24-15 — SD Code / Title 23 / Chapter 24 / Section 23-24-15
Arrest prior to requisition
Status: in_force

Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under § 23-24-7 , with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under § 23-24-7 , has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

Source: SDC 1939, § 34.1712; SL 1953, ch 200, § 13.
S.D. Codified Laws § 23A-27A-40.1 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-40.1
Certificate of execution
Status: in_force

The warden or corrections official attending and in charge of the execution shall prepare and sign a certificate of execution setting forth the date, time, place, and manner of execution, and that the defendant was executed in conformity to the judgment of the court and the provisions of this chapter. The certificate of execution document shall be signed by each of the witnesses of the execution attending as allowed in § 23A-27A-34 and § 23A-27A-34.2 . The warden or corrections official shall cause the certificate of execution to be filed in the office of the clerk of the sentencing court within ten days after the execution. The original or a certified copy of the death certificate, postmortem examination, and any autopsy report shall be filed with the clerk of the sentencing court within ten days of receipt by the warden or corrections official.

Source: SL 2008, ch 117, § 39.
S.D. Codified Laws § 23A-27-12.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-12.1
Supervision of probationers--Performance of special conditions--Payment of costs
Status: in_force

Upon receipt of an order that a defendant has been placed on probation to the court service department, the chief court services officer shall immediately assign the defendant to a court services officer for probation supervision.

All such probationers shall cooperate fully with the court services officer and comply with all directives thereby issued in their regard. If the sentencing judge has provided special conditions, including limited areas of residence or community access, required participation in treatment, enhanced reporting requirements, and use of electronic monitoring or global positioning units, for either a probationer or one released on a suspended sentence, then such person shall comply with such special conditions, and the court services officer is hereby charged with the responsibility for effecting compliance with such conditions.

Whenever the sentencing judge assesses probation costs as a condition of probation, the costs shall be paid to the clerk of the court who shall forward such costs on a monthly basis to the county treasurer for deposit in the county general fund.

Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1964, ch 33, § 6; SDCL, § 23-57-10 ; SL 1977, ch 198, § 10; SL 1981, ch 187; SL 2006, ch 123, § 12.
S.D. Codified Laws § 23A-49-14 — SD Code / Title 23A / Chapter 49 / Section 23A-49-14
Procedure in forfeiture proceedings involving property other than real property or conveyances
Status: in_force

If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which the property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, and state the property's location, the property's present custodian, the name of each owner if known, the name of each party in interest if known or of legal record, and allege the essential elements of the violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. Notice of a forfeiture proceeding shall be given to each known owner and known party in interest by serving a copy of the summons and complaint in accordance with § 23A-49-15 . The procedure governing the proceedings, except as provided in this section, shall be the same as that prescribed for civil proceedings by chapter 15-6 .

Source: SL 2016, ch 138, § 14.
S.D. Codified Laws § 23A-27-14 — SD Code / Title 23A / Chapter 27 / Section 23A-27-14
Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation
Status: in_force

Upon completion of the observance of all conditions imposed pursuant to § 23A-27-12.2 or 23A-27-13 , the court services officer assigned to the defendant's case or the defendant shall bring the matter to the attention of the court, whereupon the defendant shall be discharged by the court. A formal entry of the discharge shall be entered by the clerk of courts. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to any person for a suspended imposition of sentence under § 23A-27-13 and only once with respect to any person for a suspended imposition of sentence under § 23A-27-12.2 .

Source: SL 1953, ch 202; SL 1957, ch 181; SDC Supp 1960, § 34.3708-2; SL 1961, ch 186; SDCL, § 23-57-4; SL 1972, ch 149; SL 1976, ch 158, § 43-3; SL 1977, ch 197; SL 1978, ch 178, § 345; SL 1979, ch 159, § 17; SL 1982, ch 28, § 20; SL 2020, ch 98, § 1.
S.D. Codified Laws § 23-3-35.4 — SD Code / Title 23 / Chapter 3 / Section 23-3-35.4
Law enforcement canine team certification--Specialties
Status: in_force

Each law enforcement canine team in the state shall be initially certified and annually recertified in one or more of the following specialties:

(1) The detection of the odors of drugs and controlled substances;

(2) The detection of the odors of explosive materials, explosive devices, and materials which can be used to construct an explosive device;

(3) The detection of odors of any other substance or material which can be used with criminal intent;

(4) Apprehension or search skills including tracking, building suspect search, article recovery, evidence search, and suspect apprehension.

Source: SL 2004, ch 158, § 2.
S.D. Codified Laws § 23A-10A-2 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-2
Incompetent person cannot be tried, sentenced or punished
Status: in_force

A person cannot be tried, sentenced, or punished for any public offense while he is mentally incompetent to proceed.

Source: CCrimP 1877, § 514; CL 1887, § 7564; RCCrimP 1903, § 543; RC 1919, § 4793; SDC 1939 & Supp 1960, § 34.2001; SDCL, § 23-38-1; SL 1978, ch 175, § 1.
S.D. Codified Laws § 23-1A-1 — SD Code / Title 23 / Chapter 1A / Section 23-1A-1
Petty offense procedures used by all law enforcement and judicial officers
Status: in_force

The procedures set forth in this chapter shall be used by all law enforcement and judicial officers for the disposition of petty offense cases.

Source: SL 1977, ch 193, § 1.
S.D. Codified Laws § 23A-42-2 — SD Code / Title 23A / Chapter 42 / Section 23A-42-2
Seven-year limitation on other prosecutions
Status: in_force

In all other prosecutions for a public offense and all proceedings of a quasi - criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except as provided in § 23A-42-3 .

Source: SDC 1939 & Supp 1960, § 34.0703; SDCL, § 23-8-3; SL 1975, ch 279, § 2; SL 1978, ch 178, § 501.
S.D. Codified Laws § 23-14-7 — SD Code / Title 23 / Chapter 14 / Section 23-14-7
Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt
Status: in_force

The coroner may issue subpoenas for witnesses or records, returnable forthwith or at such time and place as the coroner shall direct, and witnesses shall be allowed the same fees as in cases before a magistrate. The coroner has the same authority as a magistrate to enforce the attendance of witnesses and to punish them and jurors for contempt in disobeying the process.

Source: SDC 1939 & Supp 1960, § 34.1008; SL 1974, ch 153, § 42; SL 1998, ch 145, § 1.
S.D. Codified Laws § 23A-5-12 — SD Code / Title 23A / Chapter 5 / Section 23A-5-12
Testimony before grand jury by subject of investigation--Waiver of immunity
Status: in_force

The subject of a grand jury investigation may, at the discretion of the grand jury or prosecuting attorney, be given the opportunity to testify before the grand jury, provided he waives immunity orally on the record or in writing.

Source: SL 1978, ch 178, § 53.
S.D. Codified Laws § 23A-27A-37 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-37
Secrecy of execution time--Disclosure as misdemeanor
Status: in_force

Prior to the announcement required in § 23A-27A-17 , the scheduled day and time fixed by the warden for the execution shall be kept secret and in no manner divulged except privately to the persons invited or requested to be present as provided by §§ 23A-27A-32 , 23A-27A-34 , 23A-27A-34.1 , and 23A-27A-34.2 . It is a Class 2 misdemeanor for any person to divulge such invitation to anyone or in any manner disclose the scheduled day and time of the execution prior to the announcement required in § 23A-27A-17 .

Source: SL 1939, ch 135, § 13; SL 1939, ch 136; SDC Supp 1960, § 34.37A13; SDCL § 23-49-25; SL 1979, ch 160, § 39; SL 2008, ch 117, § 32.
S.D. Codified Laws § 23A-28B-5 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-5
Membership of commission--Terms of office--Vacancies
Status: in_force

The term of office of any member of the commission is three years or until the member's successor is appointed and qualified. However, initial appointments shall be as follows: one member shall be appointed by the Governor for one year, one member shall be appointed by the Governor for two years, one member shall be appointed by the Governor for three years, one member shall be appointed by the Chief Justice of the Supreme Court for two years, and one member shall be appointed by the attorney general for three years.

Any vacancy arising from other than natural expiration of a term shall be filled for the remainder of the unexpired term only. Such appointee shall meet the qualifications prescribed by law for the vacated position. Any appointment to the commission becomes effective on the thirty-first day of October, unless an appointment is for an unexpired term. The appointee's term shall expire on October thirtieth in the third year of appointment. Any member may be removed by the Governor for cause. If any member is removed by the Governor for cause, the officer who appointed the member shall appoint the replacement. A chair of the commission shall be chosen annually from the membership of the commission by a majority of the members.

Source: SL 1991, ch 201, § 5; SL 2004, ch 167, § 1; SL 2012, ch 16, § 10.
S.D. Codified Laws § 23A-10-5 — SD Code / Title 23A / Chapter 10 / Section 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination
Status: in_force

If the defendant fails to give notice when required by § 23A-10-3 or to submit to an examination when ordered under § 23A-10-4 , a court shall exclude the testimony of any witness offered by a defendant on the issue of his mental state.

Source: SL 1978, ch 178, § 127; SL 1983, ch 174, § 11.
S.D. Codified Laws § 23A-35-15 — SD Code / Title 23A / Chapter 35 / Section 23A-35-15
Definition of digital currency
Status: in_force

For purposes of this chapter, "digital currency" means a digital representation of value recorded on a cryptographically secured distributed ledger or other medium of exchange, including blockchain, or similar technology.

Source: SL 2026, ch 114, § 2.
S.D. Codified Laws § 23-7-43 — SD Code / Title 23 / Chapter 7 / Section 23-7-43
New serial number engraved or stamped on firearm
Status: in_force

Upon application by an owner of a firearm, the director of the Division of Criminal Investigation shall engrave or stamp a new serial number on any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated.

Source: SL 1985, ch 190, § 1.
S.D. Codified Laws § 23A-35-2 — SD Code / Title 23A / Chapter 35 / Section 23A-35-2
(Rule 41(a)) Magistrate issuing warrant--Officer requesting
Status: in_force

A search warrant authorized by this chapter may be issued by a committing magistrate in the county where the property sought is located, on the request of a law enforcement officer or prosecuting attorney.

Source: SL 1978, ch 178, § 439.
S.D. Codified Laws § 23A-27-14.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-14.1
Revocation or refusal of certificate of teacher, administrator, or other educational professional
Status: in_force

Notwithstanding §§ 23A-27-14 and 23A-27-17 , any person who has received an order pursuant to § 23A-27-13 who is licensed or seeks to be licensed pursuant to chapter 13-42 may have the person's application refused or license revoked as provided in chapters 13-42 and 13-43 .

Source: SL 1984, ch 123, § 2; SL 2002, ch 109, § 12; SL 2015, ch 98, § 28.
S.D. Codified Laws § 23A-28B-3 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-3
Crime Victims' Compensation Commission--Apportionment of members
Status: in_force

There is created the South Dakota Crime Victims' Compensation Commission, which shall consist of five residents of the state, three of whom shall be appointed by the Governor as follows:

(1) One member shall be a law enforcement officer with a minimum of five years' experience in a law enforcement agency which has among its primary duties the investigation of violent crimes;

(2) One member shall be a physician or a person who, in the opinion of the Governor, has experience or knowledge in the processing and evaluation of medical claims; and

(3) One member shall be a person with experience in providing victim assistance services, either through employment with a governmental agency which provides such services or as an officer, employee, or volunteer of a nonprofit, charitable crime victims' organization established pursuant to the laws of this state.

One member of the commission shall be appointed by the Chief Justice of the state Supreme Court. One member of the commission shall be appointed by the attorney general.

Source: SL 1991, ch 201, § 3; SL 2011, ch 74, § 6.
S.D. Codified Laws § 23-24-6 — SD Code / Title 23 / Chapter 24 / Section 23-24-6
Fugitive from another state who departed therefrom involuntarily
Status: in_force

The Governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in §§ 23-24-29 to 23-24-32 , inclusive, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.

Source: SL 1953, ch 200, § 5; SDC Supp 1960, § 34.1705.
S.D. Codified Laws § 23A-20-4 — SD Code / Title 23A / Chapter 20 / Section 23A-20-4
Formation of trial jury as in civil actions
Status: in_force

Trial juries for criminal actions may be formed in the same manner as trial juries in § 15-14-10 .

Source: SDC 1939 & Supp 1960, § 34.3604; SDCL, § 23-43-2; SL 1978, ch 178, § 236; Supreme Court Rule 97-39.
S.D. Codified Laws § 23A-14A-5 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-5
Exceptions
Status: in_force

Sections 23A-14A-1 to 23A-14A-10 , inclusive, do not apply to any person in this state confined as mentally ill or under sentence of death.

Source: SL 2002, ch 119, § 5.
S.D. Codified Laws § 23A-3-19 — SD Code / Title 23A / Chapter 3 / Section 23A-3-19
Definition of fresh pursuit in intrastate felony arrests
Status: in_force

The term "fresh pursuit" as used in §§ 23A-3-17 to 23A-3-19 , inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony in this state. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used here shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

Source: SL 1941, ch 153, § 3; SDC Supp 1960, § 34.16A04; SDCL, § 23-22-38; SL 1978, ch 178, § 33.
S.D. Codified Laws § 23-1A-10 — SD Code / Title 23 / Chapter 1A / Section 23-1A-10
Defendant's options for disposal of case
Status: in_force

A person to whom a petty offense complaint has been issued may dispose of the case, by, at his option, either:

(1) Signing a written promise to appear in accordance with § 23-1A-11 ;

(2) Signing an admission and filing it with a deposit in accordance with § 23-1A-12 ;

(3) Filing a deposit in accordance with § 23-1A-13 ; or

(4) Appearing in court for a hearing on the complaint.

Source: SL 1977, ch 193, § 8.
S.D. Codified Laws § 23-7-56 — SD Code / Title 23 / Chapter 7 / Section 23-7-56
Enhanced permit--Renewal--Requirements
Status: in_force

A person who holds an enhanced permit to carry a concealed pistol may renew the permit through the sheriff of the county in which the person resides. The period for renewal begins twelve months before the permit expires and ends thirty days after the permit expires.

In order to renew an enhanced permit, a person shall:

(1) Pass a criminal background check consisting of a computer check of available online records and a check utilizing the National Instant Criminal Background Check System; and

(2) Present proof that:

(a) During the period for renewal, as set forth in this section, the person:

(i) Successfully completed the live fire component of a qualifying handgun course defined in § 23-7-58 ;

(ii) Received instruction regarding the use of force standards; and

(iii) Received instruction regarding relevant criminal statutory changes; or

(b) The person is a current or former law enforcement officer who, within the twelve-month period preceding the date of the expiration, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.

If a person fails to renew an enhanced permit to carry a concealed pistol during the period set forth in this section, the permit is deemed to be invalid. In order to obtain an enhanced permit thereafter, the person shall submit an application and meet all requirements set forth in § 23-7-53 .

Source: SL 2015, ch 137, § 4; SL 2016, ch 131, § 3; SL 2017, ch 104, § 1, eff. Mar. 10, 2017; SL 2020, ch 96, § 2; SL 2021, ch 104, § 3; SL 2021, ch 105, § 1; SL 2022, ch 70, § 4; SL 2023, ch 74, § 1; SL 2024, ch 91, § 1.
S.D. Codified Laws § 23A-23-2 — SD Code / Title 23A / Chapter 23 / Section 23A-23-2
(Rule 29(b)) Reservation of decision on motion made at close of trial--Time of ruling
Status: in_force

If a motion for judgment of acquittal is made at the close of all the evidence, a court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict.

Source: SL 1978, ch 178, § 298.
S.D. Codified Laws § 23A-43-3.1 — SD Code / Title 23A / Chapter 43 / Section 23A-43-3.1
Report of noncompliance with mental health treatment
Status: in_force

If a court has imposed conditions of release that require a defendant to follow any treatment recommendations pursuant to subdivision 23A-43-3(3), the provider of those treatment services shall report any noncompliance to the court that has imposed the condition of release.

Source: SL 2017, ch 109, § 10.
S.D. Codified Laws § 23-3-27 — SD Code / Title 23 / Chapter 3 / Section 23-3-27
Law enforcement officer defined
Status: in_force

Law enforcement officer means any employee or officer of the state or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the criminal or highway traffic laws of this state.

Source: SL 1970, ch 145, § 2.
S.D. Codified Laws § 23A-20-3 — SD Code / Title 23A / Chapter 20 / Section 23A-20-3
Call of jurors equal to number required including challenges
Status: in_force

When prospective jurors are called for examination, the court shall call to the jury box a number of prospective jurors equal to the number of jurors to be impaneled, the number of peremptory challenges allowed the parties, and number of alternates, if any.

Source: SL 1978, ch 178, § 235.
S.D. Codified Laws § 23-24B-5 — SD Code / Title 23 / Chapter 24B / Section 23-24B-5
Governor's participation not required
Status: in_force

The formal requirements of chapter 23-24 , relating to the Governor of the State of South Dakota, shall not apply to extradition proceedings under this chapter.

Source: SL 1976, ch 162, § 6.
S.D. Codified Laws § 23A-14-12 — SD Code / Title 23A / Chapter 14 / Section 23A-14-12
Advice as to rights given to John Doe witness--Immunity provisions applicable
Status: in_force

Any witness examined under § 23A-14-11 shall be informed that he has a right to be advised by counsel and that he may not be required to make any statement which will incriminate him. The provisions of § 23A-14-29 relating to immunity shall apply to proceedings held pursuant to § 23A-14-11 .

Source: SL 1978, ch 178, § 483.
S.D. Codified Laws § 23A-10-4 — SD Code / Title 23A / Chapter 10 / Section 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged
Status: in_force

In an appropriate case a court shall, upon motion of a prosecuting attorney, order the defendant to submit to a psychiatric examination by a psychiatrist designated for this purpose by the prosecuting attorney in an order of the court. The court may also appoint medical experts and require that the defendant submit himself for examination by such court - appointed medical experts. No statement made by an accused in the course of any examination provided for by this section, whether the examination was with or without the consent of the accused, shall be admitted in evidence against him on the issue of guilt in any criminal proceeding except for the purpose of impeaching the defendant.

Source: SL 1953, ch 201, § 1; SDC Supp 1960, § 34.20A01; SDCL, § 23-37-2; SL 1978, ch 178, § 126; SL 1979, ch 159, § 9.
S.D. Codified Laws § 23-3-7 — SD Code / Title 23 / Chapter 3 / Section 23-3-7
Personnel of division--Employment by attorney general--Compensation
Status: in_force

The attorney general may employ personnel as the attorney general requires to perform the duties of the Division of Criminal Investigation. The personnel, other than the chief agent, shall be selected from the persons classified as eligible pursuant to § 3-6D-10 and shall be compensated pursuant to § 3-6D-11 .

Source: SDC 1939, § 55.1601; SL 1966, ch 161, § 1; SL 2018, ch 12, § 8.
S.D. Codified Laws § 23A-43-21 — SD Code / Title 23A / Chapter 43 / Section 23A-43-21
(Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest
Status: in_force

Upon a showing that there has been a material breach of a condition of release without good cause, the court shall declare a forfeiture of the bond, if any, and shall enter an order revoking the conditions of release. If the defendant is not in custody, the court shall direct the clerk to issue a warrant for the defendant's arrest. The defendant shall remain in custody until discharged by due course of law.

Source: SDC 1939 & Supp 1960, § 34.1809; SDCL, § 23-26-11; SL 1978, ch 178, § 522; SL 1979, ch 159, § 41.
S.D. Codified Laws § 23-13-12 — SD Code / Title 23 / Chapter 13 / Section 23-13-12
Immunity from liability for report
Status: in_force

Any person making a report pursuant to §§ 23-13-10 and 23-13-11 shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed, and shall have the same immunity when participating in any judicial proceeding resulting from such report.

Source: SL 1967, ch 111, § 3; SL 1978, ch 169, § 6.
S.D. Codified Laws § 23A-27A-29 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-29
Defendant no longer pregnant--Execution warrant issued
Status: in_force

If the execution of a sentence is suspended pursuant to § 23A-27A-28 , as soon as the sentencing court is satisfied the defendant is no longer pregnant, the sentencing court shall forthwith issue a warrant of death sentence and execution appointing a week for her execution, pursuant to her sentence. The week for the execution shall be within a period of not less than thirty nor more than ninety days from the date of the warrant of death sentence and execution. 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, § 9; SDC Supp 1960, § 34.37A09; SDCL § 23-49-17; SL 1979, ch 160, § 31; SL 2008, ch 117, § 21.
S.D. Codified Laws § 23A-40-12 — SD Code / Title 23A / Chapter 40 / Section 23A-40-12
Public defender's lien
Status: in_force

If the legal services have been provided by a public defender or an attorney with whom a contract has been entered into to provide services in lieu of a public defender, a public defender's lien shall be set by a judge of the circuit court or magistrate judge at a reasonable amount for the services rendered.

Source: SL 1969, ch 156, § 1; SDCL Supp, § 23-2-3.1; SL 1978, ch 178, § 494; SDCL Supp, § 23A-40-5; SL 1979, ch 159, § 36; SL 1983, ch 191, § 4; SL 1998, ch 152, § 3.
S.D. Codified Laws § 23A-11-2 — SD Code / Title 23A / Chapter 11 / Section 23A-11-2
(Rule 14) Relief from prejudicial joinder of offenses or defendants
Status: in_force

If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the prosecuting attorney to deliver to the court for inspection in camera any statements or confessions made by the defendants which the state intends to introduce in evidence at the trial.

Source: Supreme Court Rules 366, 395, 1939; SDC 1939 & Supp 1960, §§ 34.3009, 34.3625; SDCL, §§ 23-32-8, 23-42-4; SL 1978, ch 178, § 130.
S.D. Codified Laws § 23A-27A-37.2 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-37.2
Postmortem examination by county coroner
Status: in_force

After the execution, the county coroner shall conduct a postmortem examination of the body of the defendant. The county coroner shall report in writing the result of the examination, stating the nature thereof and the finding made. The report shall be annexed to the certificate of execution mentioned in § 23A-27A-40.1 and filed therewith.

Source: SL 2008, ch 117, § 35.
S.D. Codified Laws § 23A-49-1 — SD Code / Title 23A / Chapter 49 / Section 23A-49-1
Real property subject to forfeiture for crime listed in chapter34-20Bor22-24A
Status: in_force

All real property, including any right, title, and interest in the whole of any platted lot or tract of land which is measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of a violation of any crime listed in chapter 34-20B or 22-24A , is subject to forfeiture under this section. Forfeiture under this chapter of real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had actual knowledge of the act upon which the forfeiture is based. Notice of forfeiture proceedings shall be given each owner or secured party whose right, title, or interest is of record, at the time of the seizure, with the secretary of state or the register of deeds in the county where the real property is located. A person claiming a security interest bears the burden of establishing that interest by a preponderance of the evidence. No real property may be forfeited under the provisions of this chapter by reason of any act committed by a person other than an owner of the property unless that owner had actual knowledge that the real property was used or intended for use in any of the manners set forth in the chapters listed in § 23A-49-20 .

Source: SL 2016, ch 138, § 1.
S.D. Codified Laws § 23A-51-7 — SD Code / Title 23A / Chapter 51 / Section 23A-51-7
Office of Indigent Legal Services--Purpose
Status: in_force

There is hereby created the Office of Indigent Legal Services. The office shall provide indigent representation services and shall oversee indigent representation services in the state courts to ensure the effective assistance of counsel where there is a right to counsel under state or federal law.

Source: SL 2024, ch 95, § 7, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-14A-6 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-6
Prisoner from another state summoned to testify in this state--Certificate
Status: in_force

If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a circuit court judge or magistrate may certify:

(1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in this court;

(2) That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and

(3) That the person's presence will be required during a specified time.

The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.

Source: SL 2002, ch 119, § 6.
S.D. Codified Laws § 23A-45-14 — SD Code / Title 23A / Chapter 45 / Section 23A-45-14
(Rule 58) Forms drawn up by attorney general--Publication by code commission--Not mandatory
Status: in_force

The attorney general shall draw up forms to implement this title. The code commission shall publish such forms as an appendix to this title. Such forms shall be illustrative and not mandatory.

Source: SL 1978, ch 178, § 562.
S.D. Codified Laws § 23A-41-2 — SD Code / Title 23A / Chapter 41 / Section 23A-41-2
(Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions
Status: in_force

When an act is required or allowed to be done at or within a specified time, a court for cause shown may at any time in its discretion:

(1) With or without motion or notice, order the period extended if a request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or

(2) Upon motion made after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect.

However, a court may not extend the time for taking an action under chapter 23A-23 , chapter 23A-29 , chapter 23A-30 , or § 23A-31-1 , except to the extent and under the conditions stated in those chapters and section.

Source: SL 1978, ch 178, § 496.
S.D. Codified Laws § 23A-42-4 — SD Code / Title 23A / Chapter 42 / Section 23A-42-4
Prosecution commenced by filing of complaint, information or indictment
Status: in_force

All actions referred to in §§ 23A-42-1 to 23A-42-3 , inclusive, shall be deemed commenced by the filing of a complaint, information or indictment with any committing magistrate or clerk of any court having jurisdiction of the offense.

Source: SL 1927, ch 91; SDC 1939 & Supp 1960, § 34.0703; SDCL, § 23-8-5; SL 1978, ch 178, § 503.
S.D. Codified Laws § 23-7-57 — SD Code / Title 23 / Chapter 7 / Section 23-7-57
References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit
Status: in_force

Unless otherwise specified, the references, rights, and responsibilities in this chapter related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol and a gold card permit to carry a concealed pistol.

Source: SL 2015, ch 137, § 5; SL 2016, ch 132, § 4, eff. Jan. 1, 2017.
S.D. Codified Laws § 23A-35-11 — SD Code / Title 23A / Chapter 35 / Section 23A-35-11
(Rule 41(e)) Motion in circuit court for return of property illegally seized--Restoration of property--Treatment as motion to suppress evidence
Status: in_force

A person aggrieved by an unlawful search and seizure may move the circuit court for the county in which the property was seized for the return of the property on the ground that he is entitled to lawful possession of the property which was illegally seized. The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored and it shall not be admissible in evidence at any hearing or trial. If a motion for return of property is made or comes on for hearing in the county of the trial after an indictment or information is filed, it shall be treated also as a motion to suppress under chapter 23A-8 .

Source: SL 1978, ch 178, § 448.
S.D. Codified Laws § 23-5B-14 — SD Code / Title 23 / Chapter 5B / Section 23-5B-14
Sentencing in prosecution for false assertions
Status: in_force

In any prosecution of the petitioner pursuant to this chapter for false assertions or other conduct in proceedings pursuant to this chapter, the court, upon conviction of the petitioner, shall sentence the petitioner to a sentence that runs consecutively to any other term of imprisonment the petitioner is serving.

Source: SL 2009, ch 120, § 14.
S.D. Codified Laws § 23-3-3 — SD Code / Title 23 / Chapter 3 / Section 23-3-3
Attorney general--Jurisdiction concurrent with state's attorneys
Status: in_force

In any and all criminal proceedings in any and all courts of this state and in any county or part of the state, the attorney general shall have concurrent jurisdiction with the state's attorney or state's attorneys of the several counties of the state.

Source: SDC 1939 & Supp 1960, § 34. 403.
S.D. Codified Laws § 23A-20-17 — SD Code / Title 23A / Chapter 20 / Section 23A-20-17
Examination as witness of challenged juror--Evidence received
Status: in_force

When a challenge to an individual juror is tried, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge.

Source: Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, § 34.3621; SDCL, § 23-43-38; SL 1978, ch 178, § 248.
S.D. Codified Laws § 23-24-35 — SD Code / Title 23 / Chapter 24 / Section 23-24-35
Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined
Status: in_force

Any officer of this state who asks or receives any compensation, fee, or reward of any kind for any service rendered or expense incurred in procuring from the Governor of this state a demand on the executive authority of a state or territory of the United States, or on a foreign government, for the surrender of a fugitive from justice, or for any service rendered or expense incurred in procuring the surrender of such fugitive, for conveying him to this state, or for detaining him therein, except when requested by the Governor of this state, and on an account audited and paid out of the state treasury, is guilty of a Class 2 misdemeanor.

The term "officer" in this section means any executive or administrative officer of the State of South Dakota or any officer of any county, municipality, township, school district, district, board, bureau, commission, department, or other body or office, exercising executive or administrative powers as part of the government, or any arm of the government, of the State of South Dakota.

Source: SDC 1939, §§ 13.1101, 13.1113; SL 1979, ch 150, § 31; SL 1992, ch 60, § 2.
S.D. Codified Laws § 23-3-19.2 — SD Code / Title 23 / Chapter 3 / Section 23-3-19.2
Scientific examinations conducted by laboratory
Status: in_force

The State Forensic Laboratory shall conduct scientific examinations to assist law enforcement officers in criminal investigations.

Source: SL 1979, ch 158, § 3; SL 1985, ch 188, § 2.
S.D. Codified Laws § 23A-27-45 — SD Code / Title 23A / Chapter 27 / Section 23A-27-45
Commitment--Finding--Provisional sentence
Status: in_force

If, after hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect and that he should, in lieu of being sentenced to imprisonment, be committed to a suitable facility for care or treatment, the court shall commit the defendant to the custody of the Human Services Center. The Human Services Center shall hospitalize the defendant for care or treatment. Such a commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the defendant was found guilty.

Source: SL 1985, ch 192, § 22.
S.D. Codified Laws § 23-14-3 — SD Code / Title 23 / Chapter 14 / Section 23-14-3
Summons of jury for coroner's inquest
Status: in_force

When the coroner has notice of the dead body of a person supposed to have died by unlawful means, found or being in his county, he shall issue a warrant to the sheriff of his county, requiring him to summon forthwith three electors having the qualifications of jurors of the county to appear before the coroner at a time and place named in the warrant. When the services of such sheriff cannot be conveniently procured, then the coroner may summon such electors from the bystanders, and any elector impaneled as juror shall be allowed the same fees as in cases before the circuit court.

Source: SDC 1939 & Supp 1960, § 34.1001; SL 1978, ch 171, § 2.
S.D. Codified Laws § 23A-27-18.2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18.2
Supervision of person sentenced to county jail or state correctional facility as condition of suspension
Status: in_force

A person who is sentenced to a county jail as a condition of suspended imposition of sentence, suspended sentence, or suspended execution of sentence, is under the supervision of the court services officer assigned by the court having jurisdiction of the person. A person sentenced to a state correctional facility as a condition of suspended imposition of sentence or suspended execution of sentence is under the supervision of the court services officer assigned by the court having jurisdiction of the person upon that person's release from the state correctional facility after completion of the state incarceration term imposed pursuant to § 23A-27-18.1 .

Source: SL 1979, ch 159, § 20; SL 1982, ch 28, § 20; SL 2010, ch 129, § 4; SL 2023, ch 82, § 27.
S.D. Codified Laws § 23A-27-36.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-36.1
Sentence to commence after expiration of last sentence of imprisonment
Status: in_force

If a person is convicted of a crime committed while confined in a county or municipal jail, upon conviction, the sentence does not commence to run until the expiration of the last sentence of imprisonment, unless the sentencing court specifically orders otherwise.

Source: SL 2004, ch 164, § 6.
S.D. Codified Laws § 23A-49-22 — SD Code / Title 23A / Chapter 49 / Section 23A-49-22
Seized property--Searchable website or spreadsheet
Status: in_force

The attorney general shall establish and maintain a searchable public website or electronic spreadsheet that includes the following information about each property seized and forfeited:

(1) Name of the law enforcement agency that seized the property or, if seized by a multijurisdictional state task force, the name of the lead state agency;

(2) Forfeiture case file number;

(3) County;

(4) Arresting agency;

(5) Seizure date;

(6) Location of the seizure, whether a residence, business, event, or traffic stop;

(7) If a traffic stop on an interstate, the direction of the traffic flow, whether eastbound, westbound, southbound or northbound;

(8) Type and amount of controlled substance;

(9) Original criminal charge;

(10) Final criminal charge;

(11) Date of summons and complaint filed;

(12) Date of summons and complaint served or last date of publication;

(13) Whether the defendant or property owner defaulted on the forfeiture complaint, and if no default occurred, the date of civil answer filed by the defendant or property owner;

(14) Whether an innocent-owner claimant or creditor moved to regain the property;

(15) Date of default civil judgment;

(16) Date of summary judgment;

(17) Date of civil dismissal;

(18) Date of order of civil forfeiture;

(19) Dollar amount of seized currency;

(20) Description of seized property, other than currency, including make, model, and year;

(21) Estimated value of seized property other than currency;

(22) Date of case completion;

(23) Dollar amount of forfeited currency after case completion;

(24) Description of forfeited property, other than currency, after case completion;

(25) Estimated value of forfeited property, other than currency, after case completion;

(26) Whether the property was returned to the defendant or property owner, returned to the innocent-owner claimant or creditor, bought back, sold, destroyed, retained or disbursed to law enforcement agency, or pending disposition; and

(27) Case comments.

Source: SL 2022, ch 76, § 2.
S.D. Codified Laws § 23A-27-44 — SD Code / Title 23A / Chapter 27 / Section 23A-27-44
Conduct of hearing
Status: in_force

The hearing shall be conducted pursuant to the provisions of § 23A-46-3 .

Source: SL 1985, ch 192, § 21.
S.D. Codified Laws § 23A-48-9 — SD Code / Title 23A / Chapter 48 / Section 23A-48-9
Application of grid
Status: in_force

A court services officer shall respond to a violation through the application of the grid by utilizing the appropriate cells based on the probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A court services officer may deviate up or down from the grid cell with supervisor approval. Not all responses in each grid cell may be appropriate for all violations or for all probationers. Graduated responses may be used individually or in combination and include formal and informal responses to probation violations. The imposition of any sanction or incentive shall be documented by the court services officer.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 6), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-45-11 — SD Code / Title 23A / Chapter 45 / Section 23A-45-11
(Rule 56) Circuit court always open--Hours when clerk's office open
Status: in_force

A circuit court is always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. A clerk's office with the clerk or a deputy in attendance shall be open for a reasonable time during business hours on all days except Saturdays, Sundays, and days specified as holidays in § 1-5-1 , but a court may provide by local rule or order that its clerk's office shall be open for specified hours on Saturdays or particular legal holidays.

Source: SDC 1939 & Supp 1960, § 34.0401; SDCL, § 23-9-1; SL 1978, ch 178, § 559; SL 1979, ch 159, § 44.
S.D. Codified Laws § 23A-3-7 — SD Code / Title 23A / Chapter 3 / Section 23A-3-7
Restriction on place of arrest for violation of local ordinance or bylaw
Status: in_force

No arrest for the violation of an ordinance or bylaw of any unit of local government may be made beyond the territorial jurisdiction of that unit of local government, except as otherwise provided in § 23A-2-8 .

Source: SL 1978, ch 178, § 20; SL 1979, ch 159, § 1B.
S.D. Codified Laws § 23A-14-4 — SD Code / Title 23A / Chapter 14 / Section 23A-14-4
Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by clerk of court
Status: in_force

A committing magistrate before whom a complaint is laid shall, when requested, issue subpoenas, subscribed by him, for witnesses within the state, either on behalf of the state or the defendant.

The clerk of the court at which an indictment or information is to be tried shall issue a subpoena without charge, signed and sealed but otherwise blank, to a party requesting it, who shall fill in the blanks before it is served.

Source: SDC 1939 & Supp 1960, § 34.2401; SDCL, §§ 23-40-2, 23-40-4; SL 1978, ch 178, § 178.
S.D. Codified Laws § 23-3-11 — SD Code / Title 23 / Chapter 3 / Section 23-3-11
Personnel of division--Direction of operations by Governor
Status: in_force

When in the judgment of the Governor the public good may require, the Governor may order and direct the agents and assistants appointed by the attorney general or any one or more of them, to any part of the state in the performance of their duties and which said order and direction of the Governor shall take precedence over and be superior to any other order and direction regarding said agents and assistants; and from the time of the making of said order and direction and until otherwise ordered by the Governor, said agents and assistants shall be subject to the exclusive control and direction of the Governor.

Source: SDC 1939, § 55.1602.
S.D. Codified Laws § 23A-28B-16 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-16
State and local agencies to provide information
Status: in_force

Upon request by the department, any state or local agency, including a law enforcement agency, shall complete and return to the department a certification form to provide any information requested by the department to help decide whether a person is eligible to receive an award of compensation under this chapter. If requested by the department, an agency shall also make available all reports, files and other appropriate information to assist the department in making an eligibility decision.

Source: SL 1991, ch 201, § 16.
S.D. Codified Laws § 23A-32-4 — SD Code / Title 23A / Chapter 32 / Section 23A-32-4
Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence
Status: in_force

An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that:

(1) Sets aside a verdict and entering judgment of acquittal;

(2) Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise;

(3) Grants a motion for arrest of judgment or a motion for a new trial; or

(4) Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of § 22-42-2 . However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.

Source: SDC 1939 & Supp 1960, § 34.4101; SDCL § 23-51-2; SL 1978, ch 178, § 402; SL 1979, ch 159, § 23; SL 1989, ch 201, § 3; SL 2013, ch 112, § 1; SL 2021, ch 111, § 1.
S.D. Codified Laws § 23A-40-6.1 — SD Code / Title 23A / Chapter 40 / Section 23A-40-6.1
Assigned counsel not required where defendant not deprived of liberty--Statement of judge required
Status: in_force

At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant's presence, that the defendant will not be deprived of his liberty if he is convicted. The circuit court judge's or magistrate's statement that the defendant will not be deprived of his liberty if he is convicted shall be made before the defendant enters his plea. If the defendant is not in custody and if the court has concluded that he will not be deprived of his liberty if he is convicted, an indigent defendant charged with violating a Class 2 misdemeanor, an ordinance not having a penalty greater than a Class 2 misdemeanor or a petty offense, is not entitled to court assigned counsel.

Source: SL 1983, ch 190, § 2.
S.D. Codified Laws § 23A-27-34 — SD Code / Title 23A / Chapter 27 / Section 23A-27-34
Filing by warden of official statements--Inspection by secretary and Governor
Status: in_force

The warden, upon receipt of an inmate, shall safely keep and record the official statements referred to in § 23A-27-32 and have the same at all times ready for the inspection of the secretary of corrections and the Governor.

Source: SDC 1939 & Supp 1960, § 34.3711; SDCL, § 23-48-39; SL 1978, ch 178, § 376; SL 1989, ch 20, § 67.
S.D. Codified Laws § 23-5B-10 — SD Code / Title 23 / Chapter 5B / Section 23-5B-10
Inconclusive test results or match between DNA sample and DNA evidence
Status: in_force

If the DNA test results obtained pursuant to this chapter are inconclusive or show that the petitioner was the source of the DNA evidence, the DNA sample of the petitioner shall be retained in the State DNA Database.

Source: SL 2009, ch 120, § 10.
S.D. Codified Laws § 23A-3-24 — SD Code / Title 23A / Chapter 3 / Section 23A-3-24
Federal law enforcement officer defined
Status: in_force

For the purposes of § 23A-3-25 , the term, federal law enforcement officer, means any officer or employee of the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Marshall Service, the Internal Revenue Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, the United States Postal Inspection Service, the Federal Protective Service, the United States Fish and Wildlife Service, the United States Forest Service, the Immigration and Customs Enforcement Office of Investigations, or the National Park Service, who is responsible for the prevention or detection of crimes or for the enforcement of the United States Code and who is authorized to arrest, with or without a warrant, any person for a violation of the United States Code.

Source: SL 1994, ch 175, § 1; SL 2005, ch 125, § 1; SL 2006, ch 135, § 1; SL 2008, ch 115, § 1; SL 2010, ch 125, § 1.
S.D. Codified Laws § 23A-51-12 — SD Code / Title 23A / Chapter 51 / Section 23A-51-12
Budget--Unified Judicial System
Status: in_force

The Commission on Indigent Legal Services and Office of Indigent Legal Services is attached to the Unified Judicial System for budgetary purposes only.

Source: SL 2024, ch 95, § 12, eff. Mar. 18, 2024.
S.D. Codified Laws § 23-3-8 — SD Code / Title 23 / Chapter 3 / Section 23-3-8
Equipment purchase by attorney general
Status: in_force

The attorney general may purchase such equipment, through the Bureau of Human Resources and Administration, as may be necessary for the purposes of this chapter and chapters 1-13 and 23-5 .

Source: SDC 1939, § 55.1601; SL 1966, ch 161, § 1; SL 2004, ch 157, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 23A-28B-21 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-21
Limit of compensation
Status: in_force

Compensation granted to any claimant suffering economic loss as the result of injury to or death of any one victim may not exceed fifteen thousand dollars.

Source: SL 1991, ch 201, § 21; SL 1999, ch 125, § 1.
S.D. Codified Laws § 23-24A-13 — SD Code / Title 23 / Chapter 24A / Section 23-24A-13
Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state
Status: in_force

Upon receipt of the officer's written request as provided in § 23-24A-12 , the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

Source: SL 1972, ch 150, § 11.
S.D. Codified Laws § 23A-35A-30 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-30
Persons required to assist installation of pen register
Status: in_force

Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to install and use a pen register under § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the investigative or law enforcement officer immediately all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if the assistance is directed by a court order as provided in § 23A-35A-27 .

Source: SL 1988, ch 194, § 10.
S.D. Codified Laws § 23-1A-19 — SD Code / Title 23 / Chapter 1A / Section 23-1A-19
Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest
Status: in_force

Any defendant who fails to appear in court and who has not made a deposit, or stipulation and deposit, is guilty of a Class 2 misdemeanor. The court shall enter a default judgment against the defendant in the amount established by § 23-1A-22 and issue a summons or warrant for his arrest.

Source: SL 1977, ch 193, § 18; SL 1980, ch 26, § 30; SL 1984, ch 12, § 15.
S.D. Codified Laws § 23A-16-11 — SD Code / Title 23A / Chapter 16 / Section 23A-16-11
Venue of homicide prosecution in county where fatal injury inflicted
Status: in_force

The venue of a prosecution for murder or manslaughter, when the injury which caused the death was inflicted in one county and the person injured dies in another county or out of state, is in the county where the injury was inflicted.

Source: SDC 1939 & Supp 1960, § 34.0809; SDCL, § 23-9-24; SL 1978, ch 178, § 218.
S.D. Codified Laws § 23A-35A-28 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-28
Time limitation on use of pen register or trap and trace device--Extension
Status: in_force

An order issued under § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. Extensions of an order may be granted, but only upon an application for an order under §§ 23A-35A-24 and 23A-35A-25 and upon the judicial finding required by § 23A-35A-26 . The period of extension shall be for a period not to exceed sixty days.

Source: SL 1988, ch 194, § 8.
S.D. Codified Laws § 23A-43-12 — SD Code / Title 23A / Chapter 43 / Section 23A-43-12
Information considered in bail proceedings need not conform to rules of evidence
Status: in_force

Information stated in, or offered in connection with, any order entered pursuant to §§ 23A-43-1 to 23A-43-13 , inclusive, need not conform to the rules pertaining to the admissibility of evidence in a court of law.

Source: SL 1978, ch 178, § 513.
S.D. Codified Laws § 23-5A-32 — SD Code / Title 23 / Chapter 5A / Section 23-5A-32
Liberal construction of chapter--Other laws
Status: in_force

The provisions of this chapter shall be liberally construed and shall be held to in addition to, and not in substitution for or a limitation of, the provisions of any other law.

Source: SL 2003, ch 133, § 32.
S.D. Codified Laws § 23A-28B-20 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-20
Calculating compensation--Standard
Status: in_force

For the purpose of calculating compensation to be awarded pursuant to this chapter, the department shall establish uniform standards for compensation under this chapter, taking into consideration the rates and amounts of compensation payable for injuries and for death under the laws of this state and the United States and availability of funds under this chapter. Standards for compensation shall be established by rules promulgated by the department pursuant to chapter 1-26 . Loss of earnings, loss of future earnings, and loss of support shall be determined on the basis of the victim's average monthly earnings for the six months immediately preceding the date of injury, or the monthly minimum wage as of the date of the crime underlying the claim, whichever is less. The monthly minimum wage shall be based upon the federal hourly minimum wage in effect as of the date of the crime multiplied by 173.2 hours per month.

Source: SL 1991, ch 201, § 20; SL 1997, ch 145, § 3.
S.D. Codified Laws § 23A-28-6 — SD Code / Title 23A / Chapter 28 / Section 23A-28-6
Notice to victims of restitution plan--Civil action against defendant
Status: in_force

The court services officer shall provide each known victim a copy of the court's order approving or modifying the plan of restitution for any defendant not serving his sentence in a state correctional facility. The executive director of the Board of Pardons and Paroles shall provide each known victim a copy of the schedule of restitution for each inmate placed on parole. If the victim is not satisfied with the approved or modified plan of restitution, the victim's exclusive remedy is a civil action against the defendant, which, if successful, may include attorney's fees.

Source: SL 1978, ch 178, § 359; SL 1979, ch 159, § 2; SL 1986, ch 196, § 3; SL 1987, ch 179, § 3; SL 1999, ch 124, § 3; SL 2023, ch 82, § 48.
S.D. Codified Laws § 23A-6-7 — SD Code / Title 23A / Chapter 6 / Section 23A-6-7
Contents required for sufficiency of indictment or information
Status: in_force

An indictment or information is sufficient if it can be understood therefrom:

(1) That it is entitled in a court having authority to receive it, although the name of the court is not stated;

(2) That the indictment was found by a grand jury of the county in which the public offense was committed;

(3) That the defendant is named or, if his name is unknown, that he is described by a fictitious name with a statement that his true name is unknown to the grand jury or prosecuting attorney;

(4) That the offense charged was committed within the jurisdiction of the county; and

(5) That the offense charged is designated in such a manner as to enable a person of common understanding to know what is intended.

Source: CCrimP 1877, § 222; CL 1887, § 7249; RCCrimP 1903, § 229; SL 1913, ch 242; RC 1919, § 4725; Supreme Court Rule 367, 1939; SDC 1939 & Supp 1960, § 34.3010; SDCL, § 23-32-12; SL 1978, ch 178, § 67.
S.D. Codified Laws § 23A-20-9 — SD Code / Title 23A / Chapter 20 / Section 23A-20-9
Kinds of challenge for cause--Taken by either party
Status: in_force

A challenge for cause is an objection to a particular juror. It may be taken either by the state or a defendant.

Source: SDC 1939 & Supp 1960, § 34.3617; SDCL, § 23-43-29; SL 1978, ch 178, § 242; SL 1999, ch 282.
S.D. Codified Laws § 23A-3-30 — SD Code / Title 23A / Chapter 3 / Section 23A-3-30
Order of expungement
Status: in_force

The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of the order.

Source: SL 2010, ch 126, § 5; SL 2015, ch 140, § 2.
S.D. Codified Laws § 23A-27-18.3 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18.3
Probation or suspension of sentence--Required and authorized conditions
Status: in_force

The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 , or the conditions of a suspension of execution imposed pursuant to § 23A-27-18 , shall provide, in addition to any other conditions and as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence, that the defendant not commit another federal, state, or local crime during the term of probation or suspension.

The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 , or the conditions of a suspension of execution imposed pursuant to § 23A-27-18 , may provide, in addition to any other conditions and as an explicit condition of probation, suspended imposition of sentence, or suspended execution of sentence, that the defendant:

(1) Pay a fine or perform community service work as directed by the court;

(2) Participate in and complete a program at any nonprofit entity awarded an alternative care program grant pursuant to § 16-2-60 , if:

(a) The defendant consents to participating in the program;

(b) The program has availability and the defendant's application is approved based on the standard criteria for all applicants; and

(c) The defendant's application is completed prior to sentencing;

(3) Receive treatment for chemical dependency at any South Dakota treatment facility accredited pursuant to § 34-20A-27 and reimburse the county for costs of treatment ordered by the court; or

(4) Make restitution pursuant to the provisions of chapter 23A-28 .

Source: SL 1985, ch 192, § 4; SL 1987, ch 178; SL 2026, ch 112, § 1.
S.D. Codified Laws § 23-3-35.2 — SD Code / Title 23 / Chapter 3 / Section 23-3-35.2
License required to question person using CVSA--Violation a misdemeanor
Status: in_force

No person may question any individual using a computer voice stress analyzer for the purpose of detecting deception unless the person is a licensed CVSA examiner. A violation of this section is a Class 2 misdemeanor.

Source: SL 2003, ch 132, § 2.
S.D. Codified Laws § 23A-27-20 — SD Code / Title 23A / Chapter 27 / Section 23A-27-20
(Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing
Status: in_force

A court shall not revoke a probation or a suspension of imposition of sentence, except after a hearing at which the defendant shall be present and apprised of the grounds on which such action is proposed. A defendant may be admitted to bail pending such hearing.

Source: SL 1978, ch 178, § 350.
S.D. Codified Laws § 23-6-19 — SD Code / Title 23 / Chapter 6 / Section 23-6-19
Uniformity of interpretation of chapter
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Source: SL 1939, ch 138, § 17; SDC Supp 1960, § 55.15A16.
S.D. Codified Laws § 23A-3-16 — SD Code / Title 23A / Chapter 3 / Section 23A-3-16
Arrest for misdemeanor on intrastate fresh pursuit
Status: in_force

Any law enforcement officer of this state in fresh pursuit of a person who has committed a misdemeanor in the presence of the law enforcement officer shall have authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful an arrest which would otherwise be lawful. The term "fresh pursuit" as used in this section shall include fresh pursuit of a person who has committed a misdemeanor in the presence of a law enforcement officer, and the law enforcement officer is in instant pursuit.

Source: SL 1978, ch 178, §§ 31, 34.
S.D. Codified Laws § 23A-4-4 — SD Code / Title 23A / Chapter 4 / Section 23A-4-4
Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court
Status: in_force

Subject to §§ 23A-17-1 to 23A-17-4 , inclusive, if a defendant is taken before a committing magistrate who did not issue the warrant, or in case no warrant has been issued, the committing magistrate shall inform him of the matters set out in § 23A-4-3 and admit the defendant to bail as provided by § 23A-2-4 or chapter 23A-43 . Within three days thereafter, the committing magistrate shall transmit the minutes of the proceedings and all papers in the case, including bail if posted, to the court which issued the warrant. If no warrant has been issued, the transcript and papers shall be transmitted to the court where the complaint is filed or to the court in which the venue of the offense lies.

Source: SDC 1939 & Supp 1960, §§ 34.1623, 34.1624; SDCL, §§ 23-22-27 to 23-22-30; SL 1978, ch 178, § 39.
S.D. Codified Laws § 23A-24-9 — SD Code / Title 23A / Chapter 24 / Section 23A-24-9
Failure of victim to exercise rights not grounds for appeal, reversal or remand
Status: in_force

If a victim fails to exercise any right granted by §§ 19-19-615 , 23A-5-11 , and 23A-24-6 to 23A-24-9 , inclusive, 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 1986, ch 193, § 6.
S.D. Codified Laws § 23-7-51 — SD Code / Title 23 / Chapter 7 / Section 23-7-51
Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System
Status: in_force

If the court enters an order restoring the petitioner's right to possess a firearm, the state's attorney shall submit a copy of the order to the attorney general within seven working days after the order becomes final. The attorney general shall, within seven working days after receiving the order, report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C 922(g)(4).

Source: SL 2014, ch 113, § 6.
S.D. Codified Laws § 23-3-15.3 — SD Code / Title 23 / Chapter 3 / Section 23-3-15.3
Exchange of information
Status: in_force

The information obtained from the state or national criminal history record check conducted pursuant to §§ 23-3-15.1 to 23-3-15.3 , inclusive, may be exchanged with and used by the tribe to determine the applicant's eligibility to hold a position specified in § 23-3-15.1 .

Source: SL 1998, ch 144, § 3.
S.D. Codified Laws § 23-7-64 — SD Code / Title 23 / Chapter 7 / Section 23-7-64
Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit
Status: in_force

A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or if the gold card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm.

Upon such occurrence, the permit holder shall immediately return the gold card or enhanced concealed pistol permit to the county sheriff of the permit holder's county of residence. If the permit has not been returned, upon learning that a permit holder is ineligible for a gold card or enhanced permit for any violent crime or for a crime punishable by more than one year of incarceration, the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit forthwith. For any other disqualifying offense set forth above the sheriff of the permit holder's county of residence shall secure the possession and return of the gold card or enhanced permit as soon as reasonably possible after being notified of the holders ineligibility. A gold card or enhanced permit holder whose permit has been secured by law enforcement under this section may petition the circuit court for the return of the gold card or enhanced permit if the permit holder believes the gold card or enhanced permit was unlawfully secured. Law enforcement may communicate with federally licensed firearms dealers relative to revoked gold card or enhanced permits.

Source: SL 2016, ch 132, § 11, eff. Jan. 1, 2017.
S.D. Codified Laws § 23-1A-2 — SD Code / Title 23 / Chapter 1A / Section 23-1A-2
Complaint and summons forms--Uniform traffic ticket--Contents
Status: in_force

The attorney general shall promulgate, pursuant to chapter 1-26 , a uniform form or forms to be used for petty or misdemeanor complaints and summons regarding traffic offenses. The form shall be designed to serve as a uniform traffic ticket. The attorney general shall designate those law enforcement agencies which would use the uniform traffic ticket.

The title on the complaint shall be "The State of South Dakota vs. (defendant's name)." The summons or complaint shall inform the defendant of the information set forth in §§ 23-1A-11 , 23-1A-12 , 23-1A-13 , 23-1A-16 , and 23-1A-18 , and of the amount required for the authorized deposit.

Source: SL 1977, ch 193, § 2; SL 1991, ch 252, § 23.
S.D. Codified Laws § 23A-26-10 — SD Code / Title 23A / Chapter 26 / Section 23A-26-10
(Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not unanimous
Status: in_force

After a verdict is returned but before it is recorded, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged.

Source: SDC 1939 & Supp 1960, § 34.3673; SDCL, § 23-45-25; SL 1978, ch 178, § 328.
S.D. Codified Laws § 23A-20-21 — SD Code / Title 23A / Chapter 20 / Section 23A-20-21
Additional challenges granted by court
Status: in_force

For good cause shown, a court may grant such additional challenges as it, in its discretion, believes necessary and proper.

Source: SL 1978, ch 178, § 252.
S.D. Codified Laws § 23A-7-14 — SD Code / Title 23A / Chapter 7 / Section 23A-7-14
(Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere
Status: in_force

The court shall defer acceptance of any plea except a plea of nolo contendere until it is satisfied that there is a factual basis for the offense charged or to which the defendant pleads.

Source: SL 1978, ch 178, § 105; SL 1980, ch 179, § 2.
S.D. Codified Laws § 23-7-8.9 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.9
Retention of data by law enforcement officer limited
Status: in_force

The provisions of §§ 23-7-8.6 to 23-7-8.9 , inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to information necessary to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol permit holders under § 23-7-68 is authorized.

Source: SL 2005, ch 124, § 5; SL 2016, ch 132, § 6, eff. Jan. 1, 2017.
S.D. Codified Laws § 23A-27A-26.5 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26.5
Examination of defendant by expert designated by state--Videotaped recording--Defendant's statements inadmissible except as to issue of intellectual disability
Status: in_force

If a defendant serves notice pursuant to § 23A-27A-26.3 , the state may make application, upon notice to the defendant, for an order directing that the defendant submit to an examination by a psychiatrist, licensed psychologist, or licensed psychiatric social worker designated by the state's attorney, for the purpose of rebutting evidence offered by the defendant. Counsel for the state and the defendant have the right to be present at the examination. A videotaped recording of the examination shall be made available to the defendant and the state's attorney promptly after its conclusion. The state's attorney shall promptly serve on the defendant a written copy of the findings and evaluation of the examiner. If a defendant is subjected to an examination pursuant to an order issued in accordance with this section, any statement made by the defendant for the purpose of the examination is inadmissible in evidence against the defendant in any criminal action or proceeding on every issue other than that of whether the defendant was intellectually disabled at the time of the commission of the offense, but such statement is admissible upon such an issue whether or not it would otherwise be deemed a privileged communication.

Source: SL 2000, ch 112, § 5; SL 2018, ch 148, § 5.