S.D. Codified Laws § 23A-28-12 — SD Code / Title 23A / Chapter 28 / Section 23A-28-12
Minor victim's medical, psychological or psychiatric treatment or foster care--Sentence requiring payment
Status: in_force

Anyone convicted under subdivision 22-22-1 (1) or (5), § 22-22-7 , subdivision 22-49-2 (2), § 22-22-24.3 , or § 26-10-1 shall be required as part of the sentence imposed by the court to pay all or part of the cost of any necessary medical, psychological, or psychiatric treatment, or foster care of the minor resulting from the act or acts for which the defendant is convicted.

Source: SL 1984, ch 182; SL 1996, ch 155; SL 1997, ch 143, § 3; SL 2020, ch 89, § 7.
S.D. Codified Laws § 23A-3-6 — SD Code / Title 23A / Chapter 3 / Section 23A-3-6
Aid to law enforcement officer on request
Status: in_force

Every person must aid a law enforcement officer in making an arrest if the officer requests his aid.

Source: SDC 1939 & Supp 1960, § 34.1601; SDCL, § 23-22-3; SL 1978, ch 178, § 19.
S.D. Codified Laws § 23A-10A-16 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-16
Time in approved facility credited to term of imprisonment
Status: in_force

Time spent by a defendant in a restoration to competency program or an approved facility pursuant to this chapter, shall be credited to the term of imprisonment, if any, for which the defendant is sentenced in the criminal case which was suspended under § 23A-10A-5 .

Source: SL 1991, ch 199, § 11; SL 2020, ch 97, § 6.
S.D. Codified Laws § 23A-10-7 — SD Code / Title 23A / Chapter 10 / Section 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost
Status: in_force

Subject to court approval, the defendant may be examined at an approved community health center by a psychiatrist of his own choosing at his own expense or, if indigent, at county expense. Examination of the defendant shall be on the issue of his insanity when the offense occurred. Notice of the independent examination shall be given to the prosecuting attorney at least five days before the examination date. A psychiatrist who examines an indigent defendant may receive a reasonable fee.

Source: SL 1983, ch 174, § 10.
S.D. Codified Laws § 23A-46-5 — SD Code / Title 23A / Chapter 46 / Section 23A-46-5
Video tape of defendant's testimony or interview
Status: in_force

Upon written request of defense counsel, the court may order a video tape record made of the defendant's testimony or interview upon which the periodic report is based pursuant to § 23A-46-4 . Such video tape record shall be submitted to the court along with the periodic report.

Source: SL 1985, ch 192, § 34.
S.D. Codified Laws § 23A-45-10 — SD Code / Title 23A / Chapter 45 / Section 23A-45-10
(Rule 55) Records kept as prescribed by Supreme Court
Status: in_force

Clerks of courts and such other personnel as are prescribed by rule shall keep such records in criminal proceedings as the Supreme Court may prescribe.

Source: SL 1978, ch 178, § 558.
S.D. Codified Laws § 23A-48-1 — SD Code / Title 23A / Chapter 48 / Section 23A-48-1
Evidence-based probation supervision practices
Status: in_force

Adult probation supervision shall use evidence-based practices and shall target the probationer's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders.

Source: SL 2014, ch 256 (Supreme Court Rule 13-14 , § 1), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-28A-4 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-4
Notices of escrow moneys held by attorney general
Status: in_force

The attorney general, at least once every year for five years from the date he received such moneys or other properties, shall cause to have published a legal notice in newspapers of general circulation in the county wherein the crime was committed advising victims that escrow moneys or other property are now available to satisfy money judgments pursuant to this chapter. The attorney general may, in his discretion, provide for such additional notice as he deems necessary.

Source: SL 1982, ch 184, § 3.
S.D. Codified Laws § 23A-32-19 — SD Code / Title 23A / Chapter 32 / Section 23A-32-19
Disposition of case directed by Supreme Court
Status: in_force

The Supreme Court by its judgment may reverse, affirm, or modify the judgment or order appealed from, and may direct a new trial, or when the appeal is from a judgment and the defendant assigns as error a ruling of the court denying a motion for a judgment of acquittal and the court determines that such motion should have been granted, the court may order that such judgment of acquittal be entered.

Source: SDC 1939 & Supp 1960, § 34.4109; SDCL, § 23-51-20; SL 1978, ch 178, § 397.
S.D. Codified Laws § 23A-14-10 — SD Code / Title 23A / Chapter 14 / Section 23A-14-10
(Rule 17(f)(2)) Place attendance required for deposition
Status: in_force

The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.

Source: SL 1978, ch 178, § 185.
S.D. Codified Laws § 23A-21-1 — SD Code / Title 23A / Chapter 21 / Section 23A-21-1
Disqualification as in civil actions
Status: in_force

A judge or magistrate may be disqualified in the manner specified in chapter 15-12 .

Source: SL 1943, ch 131; SDC Supp 1960, § 34.1404-1; SDCL, § 23-27-10; SL 1978, ch 178, § 276.
S.D. Codified Laws § 23A-28C-2 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-2
Notice of rights--Victim registration with SAVIN system--Confidentiality
Status: in_force

At the commencement of a criminal proceeding subject to the terms of this chapter, the prosecutor, by first class mail or electronic mail notification, shall advise the victim of the rights set forth in this chapter. In order to take advantage of the rights, the victim shall advise the prosecutor of a desire to participate. A victim may choose to participate only in certain enumerated phases of the proceedings. A victim wishing to participate shall register with the SAVIN system, as defined by this chapter, where notifications, including electronic notification, required under this chapter are to be made, and of any changes in the place of notification. A prosecutor receiving notification of a victim's wish to participate shall approve the victim's status and shall keep record of that notification through the time of the defendant's final discharge from the criminal justice system in the SAVIN system. If the defendant is sentenced to the state prison system, the Department of Corrections shall keep a record of the request for notification in the SAVIN system until the defendant's final discharge from prison and parole. A victim's request for notification and the place of notification is confidential and may not be disclosed to the defendant.

Source: SL 1991, ch 202, § 2; SL 1995, ch 137, § 2; SL 1999, ch 126, § 4; SL 2014, ch 116, § 7; SL 2017, ch 107, § 2.
S.D. Codified Laws § 23A-37-13 — SD Code / Title 23A / Chapter 37 / Section 23A-37-13
Controlled weapons and firearms disposal
Status: in_force

Any controlled weapon or firearm used in violation of chapter 22-14 shall be disposed of as follows:

(1) If it is stolen, it shall be returned to the lawful owner upon proof of ownership;

(2) If it is illegal, it shall be destroyed pursuant to law; or

(3) If it is neither stolen nor illegal, it shall be delivered to the arresting agency or, at the direction of the attorney general, to the South Dakota Forensic Laboratory for scientific examination purposes, for lawful use or disposal.

In the case of a disposition pursuant to subdivision (3), the arresting agency or forensic laboratory may use, trade-in, destroy, or sell, as provided in chapter 5-24A or § 6-13-6 , the controlled weapon or firearm.

Source: SL 1983, ch 188, § 2; SL 1998, ch 151, § 1; SL 1999, ch 128, § 2; SL 2006, ch 137, § 1; SL 2011, ch 2, § 131.
S.D. Codified Laws § 23-14-19 — SD Code / Title 23 / Chapter 14 / Section 23-14-19
Joint custody of dead bodies and effects--Movement prohibited--Violation as misdemeanor
Status: in_force

As to any death, the cause and manner of which is in the public interest, the county coroner and law enforcement agency exercising investigative control over such death shall jointly take charge of and exercise complete control over all dead bodies and all effects affixed thereto to determine the physiological cause of death. The investigating law enforcement officers, including the state's attorney or attorney general shall have control over all other elements of evidence demonstrating a potential criminal circumstance of death. No dead body subject to control by the coroner having investigative control may be moved from the scene of death without the coroner's permission unless the body directly obstructs a public transportation right - of - way or poses an immediate health hazard. No dead body subject to coroner control under this section may be embalmed without the express authority of the investigating coroner. A violation of this section is a Class 2 misdemeanor.

Source: SL 1985, ch 191, § 2.
S.D. Codified Laws § 23-3-50 — SD Code / Title 23 / Chapter 3 / Section 23-3-50
Division of Criminal Investigation to provide training and operate center--Supervision by attorney general
Status: in_force

The Division of Criminal Investigation shall, pursuant to §§ 23-3-26 to 23-3-50 , inclusive, continue to provide law enforcement training programs and to occupy and operate the law enforcement training center under the superintendency and control of the attorney general of the State of South Dakota.

Source: SL 1972, ch 286, § 5; SL 1973, ch 156, § 1.
S.D. Codified Laws § 23A-37-6 — SD Code / Title 23A / Chapter 37 / Section 23A-37-6
Notice of hearing on disposition of seized property
Status: in_force

The clerk of courts shall issue a notice of a hearing containing a reasonable description of the property and the time, place, and cause of its seizure. Such notice shall be reasonably calculated to apprise the affected person of the pendency of the hearing.

Source: SL 1978, ch 178, § 466.
S.D. Codified Laws § 23-7-8.10 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.10
Access restricted to application, record, or registry of holders of permits
Status: in_force

No state agency, political subdivision, official, agent, employee of any state agency or political subdivision, may knowingly release or permit access to any application, list, record or registry of applicants or holders of permits to carry a concealed pistol to any person except another law enforcement agency or the secretary of state.

Source: SL 2006, ch 133, § 1.
S.D. Codified Laws § 23-13-13 — SD Code / Title 23 / Chapter 13 / Section 23-13-13
Claim of confidential relation privilege prohibited
Status: in_force

Any confidential relation privilege set forth in subdivisions 19-19-503(b) and 19-19-504(b) may not be claimed in any judicial proceeding relating to a report concerning an injury from a firearm made pursuant to §§ 23-13-10 and 23-13-11 .

Source: SL 1967, ch 111, § 4; SL 1978, ch 169, § 7.
S.D. Codified Laws § 23A-19-4 — SD Code / Title 23A / Chapter 19 / Section 23A-19-4
Time for challenge to panel--Ground stated
Status: in_force

A challenge to a panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge.

Source: SDC 1939 & Supp 1960, § 34.3611; SDCL, § 23-43-12; SL 1978, ch 178, § 265.
S.D. Codified Laws § 23-3-74 — SD Code / Title 23 / Chapter 3 / Section 23-3-74
Restriction on enforcement of immigration law prohibited
Status: in_force

Notwithstanding any other provision of law, no state entity or political subdivision may adopt or implement a policy, order, or ordinance that:

(1) Limits or prohibits an individual from communicating or cooperating with a federal agency or official to verify or report the immigration status of another individual; or

(2) Grants a noncitizen unlawfully present in the United States the right to lawful presence or status within the state or political subdivision.

Any policy, order, or ordinance adopted or implemented in violation of this section is void. No state entity or political subdivision may take disciplinary action against a law enforcement officer based upon the officer's refusal to comply with or enforce any policy, order, or ordinance in violation of this section.

Source: SL 2025, ch 100, § 1.
S.D. Codified Laws § 23A-43-27 — SD Code / Title 23A / Chapter 43 / Section 23A-43-27
Exoneration of bail on commitment under sentence
Status: in_force

When a defendant is committed pursuant to § 23A-26-12 , the court shall exonerate his bail pursuant to § 23A-43-24 .

Source: CCrimP 1877, § 410; CL 1887, § 7437; RCCrimP 1903, § 417; RC 1919, § 4934; SDC 1939 & Supp 1960, § 34.3676; SDCL, § 23-48-2; SL 1978, ch 178, § 528.
S.D. Codified Laws § 23A-43-9 — SD Code / Title 23A / Chapter 43 / Section 23A-43-9
Review of conditions requiring return to custody after specified hours--Statement by magistrate of reasons for requirement
Status: in_force

A defendant who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the committing magistrate or court that imposed the condition. Unless the requirement is removed and the person is thereupon released on another condition, the committing magistrate or court shall set forth in writing the reasons for continuing the requirement.

Source: SL 1978, ch 178, § 511.
S.D. Codified Laws § 23A-33-2 — SD Code / Title 23A / Chapter 33 / Section 23A-33-2
(Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to facilitate preparation of appeal
Status: in_force

A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If the defendant is not admitted to bail, the trial court upon request of the defendant, may order that the defendant be retained at, or transferred to, a place of confinement near the place of trial or some other convenient place, for a period reasonably necessary to permit the defendant to assist in the preparation of his appeal to the Supreme Court.

Source: SL 1978, ch 178, § 407.
S.D. Codified Laws § 23-1A-3 — SD Code / Title 23 / Chapter 1A / Section 23-1A-3
State's attorney as attorney for plaintiff
Status: in_force

The attorney for the plaintiff in the trial of a petty offense shall be the state's attorney of the county which has jurisdiction of the case.

Source: SL 1977, ch 193, § 14.
S.D. Codified Laws § 23A-35A-29 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-29
Order sealed--Disclosure of existence of pen register or trap and trace device prohibited
Status: in_force

An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that:

(1) The order be sealed until otherwise ordered by the court; and

(2) The person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the judge.

Source: SL 1988, ch 194, § 9.
S.D. Codified Laws § 23-24-36 — SD Code / Title 23 / Chapter 24 / Section 23-24-36
Custody and restraint of person in South Dakota by agent of foreign state
Status: in_force

Any peace officer or extradition agent of another state bringing any person within this state or transporting such person through the state under a warrant of arrest or extradition warrant issued in another state or the officer of any penal institution of another state conveying or transporting a prisoner of such institution into or through this state shall have the same authority as to the custody and restraint of such person while in the State of South Dakota as duly constituted peace officers of this state have in making an arrest under the process issued by the courts of this state or under the laws of this state.

Source: SL 1923, ch 187; SDC 1939 & Supp 1960, § 34.1625.
S.D. Codified Laws § 23-5-5 — SD Code / Title 23 / Chapter 5 / Section 23-5-5
Fingerprints taken on arrest--Comparison with files--Information on previous criminal record
Status: in_force

The attorney general shall compare the description received pursuant to § 23-5-4 with those already on file in the Division of Criminal Investigation and if he finds the person arrested has a criminal record or is a fugitive from justice, he shall at once inform the arresting officer of such fact.

Source: SDC 1939, § 55.1607; SL 1966, ch 161, § 6.
S.D. Codified Laws § 23-7-1.1 — SD Code / Title 23 / Chapter 7 / Section 23-7-1.1
Antique or nondischargeable firearms excepted
Status: in_force

This chapter shall not apply to antique firearms or to firearms which have been permanently altered so they are incapable of being discharged.

Source: SL 1979, ch 150, § 40.
S.D. Codified Laws § 23A-14-20 — SD Code / Title 23A / Chapter 14 / Section 23A-14-20
Fees tendered to witness summoned from another state
Status: in_force

If the witness described in § 23A-14-19 is summoned to attend and testify in this state, he shall be offered twenty - one cents for each mile by the ordinarily traveled route to and from the court where the prosecution is pending, twenty dollars for each day that he is required to travel and attend as a witness, and twenty - five dollars for each night he is required to remain away from his residence.

Source: SDC 1939 & Supp 1960, § 34.2503; SDCL, § 23-40-20; SL 1978, ch 178, § 192; SL 1986, ch 169, § 3.
S.D. Codified Laws § 23A-12-8 — SD Code / Title 23A / Chapter 12 / Section 23A-12-8
(Rule 15(g)) Agreement of parties as to taking or use of deposition
Status: in_force

Nothing in this chapter shall preclude the taking of a deposition, for use at trial, orally or upon written questions, or the use of a deposition, by agreement of the parties with the consent of the court.

Source: SL 1978, ch 178, § 138.
S.D. Codified Laws § 23-24A-4 — SD Code / Title 23 / Chapter 24A / Section 23-24A-4
Prisoner to be informed of detainer and right to final disposition
Status: in_force

The warden, commissioner of corrections, or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

Source: SL 1972, ch 150, § 5.
S.D. Codified Laws § 23A-3-35 — SD Code / Title 23A / Chapter 3 / Section 23A-3-35
Eligibility of person placed in diversion program for expungement of record
Status: in_force

If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if:

(1) The person has successfully completed all the terms of the diversion program; and

(2) The person has not been charged with any new crimes, except for petty offenses or minor traffic citations, within one year and thirty days from the date of the successful completion of the diversion program.

Nothing in this section requires a state's attorney to place any arrested person into a diversion program or to otherwise create or implement a diversion program.

Source: SL 2018, ch 143, § 1.
S.D. Codified Laws § 23A-35B-2 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-2
Victim's request for testing of self
Status: in_force

A victim may request that the Department of Health provide counseling, testing for infection by blood - borne pathogens, and referral for appropriate health care and support services to the victim through its public health services. Such referral does not include any requirement that the Department of Health bear any responsibility for provision of such health care or support services to the victim.

Source: SL 1991, ch 203, § 1A; SL 1993, ch 184, § 2.
S.D. Codified Laws § 23-5A-11 — SD Code / Title 23 / Chapter 5A / Section 23-5A-11
DNA samples to be forwarded to State Forensic Laboratory
Status: in_force

DNA samples collected pursuant to this chapter shall be forwarded to the South Dakota State Forensic Laboratory in accordance with procedures established by the South Dakota State Forensic Laboratory.

Source: SL 2003, ch 133, § 11.
S.D. Codified Laws § 23A-3-17 — SD Code / Title 23A / Chapter 3 / Section 23A-3-17
Arrest for felony on intrastate fresh pursuit
Status: in_force

Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the 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.

Source: SL 1941, ch 153, §§ 1, 4; SDC Supp 1960, §§ 34.16A02, 34.16A05; SDCL, § 23-22-39; SL 1978, ch 178, § 30.
S.D. Codified Laws § 23A-35A-13 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-13
Recording of intercepted communications if possible--Sealing of recordings
Status: in_force

The contents of any wire, electronic, or oral communication intercepted by any means authorized by this statute shall, if possible, be recorded. The recording of the contents of any wire, electronic, or oral communication under this section shall be done in a way to protect the recording from editing or alteration. Immediately upon the expiration of the period of the order or extension, the recordings shall be made available to the judge issuing the order or extension and sealed under the judge's direction.

Source: SL 1980, ch 181, § 16; SL 2017, ch 108, § 9.
S.D. Codified Laws § 23-5A-16 — SD Code / Title 23 / Chapter 5A / Section 23-5A-16
Promulgation of rules for collection, analysis, storage, etc
Status: in_force

The attorney general's office may promulgate rules pursuant to chapter 1-26 , for the collection, submission, identification, analysis, storage, and disposition of the DNA samples and DNA records collected under this chapter. The DNA records shall be securely stored in the State DNA Database consistent with the procedures established by the FBI. These procedures shall also require compliance with national quality assurance standards to ensure that the DNA records satisfy standards for acceptance of such records into the national DNA identification index.

Source: SL 2003, ch 133, § 16.
S.D. Codified Laws § 23A-47-5 — SD Code / Title 23A / Chapter 47 / Section 23A-47-5
Termination of financial obligation
Status: in_force

Pursuant to rules established by the Supreme Court, any financial obligation from an order more than twenty-five years old, deemed uncollectible, or following the death of an offender may be terminated.

Source: SL 2013, ch 101, § 47, eff. Jan. 1, 2014.
S.D. Codified Laws § 23-5A-12 — SD Code / Title 23 / Chapter 5A / Section 23-5A-12
Immunity from liability of persons collecting DNA samples
Status: in_force

No person authorized to collect DNA samples may be held civilly or criminally liable for the collection of a DNA sample pursuant to this chapter if such person performs these duties in good faith and in a reasonable manner according to generally accepted medical or other professional practices.

Source: SL 2003, ch 133, § 12.
S.D. Codified Laws § 23A-37-15 — SD Code / Title 23A / Chapter 37 / Section 23A-37-15
Notice to defendant of return--Motion not to release
Status: in_force

Before any property is returned to the owner pursuant to § 23A-37-14 , the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that the property contains exculpatory evidence of the defendant's innocence, the court may order the law enforcement personnel in possession of the property not to release it to the owner.

Source: SL 1985, ch 198, § 2.
S.D. Codified Laws § 23A-6-23 — SD Code / Title 23A / Chapter 6 / Section 23A-6-23
(Rule 8(a)) Joinder of related offenses in same indictment or information
Status: in_force

Two or more offenses may be charged in the same indictment or information in separate counts for each offense, if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

Source: Supreme Court Rule 366, 1939; SDC 1939 & Supp 1960, § 34.3009; SDCL, § 23-32-6; SL 1978, ch 178, § 82.
S.D. Codified Laws § 23-24B-7 — SD Code / Title 23 / Chapter 24B / Section 23-24B-7
Waiver of extradition--Advice as to rights
Status: in_force

Formal extradition proceedings under this chapter may be waived if the person making the waiver, knowingly, and in the presence of a committing magistrate, signs a statement that he consents to his return to the demanding authority. However, before such waiver may be executed, the committing magistrate shall inform the person of his rights and shall inform him of the procedures available under § 23-24-12 .

Source: SL 1976, ch 162, § 7; SL 1978, ch 172, § 7.
S.D. Codified Laws § 23A-10A-1 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-1
Definition of mental incompetency
Status: in_force

The term, "mentally incompetent to proceed," as used in this chapter, means the condition of a person who is suffering from a mental disease, developmental disability, as defined in § 27B-1-18 , or psychological, physiological, or etiological condition rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

Source: SL 1978, ch 175, § 2; SDCL Supp, § 23-38-1.1; SL 1985, ch 192, § 47; SL 1991, ch 199, § 1.
S.D. Codified Laws § 23-26A-4 — SD Code / Title 23 / Chapter 26A / Section 23-26A-4
Arrested person taken before magistrate--Advice as to rights
Status: in_force

The person whose removal is sought shall be brought before the committing magistrate immediately upon arrest pursuant to the warrant; whereupon the committing magistrate shall set a time and place for hearing, and shall advise the person of his right to have the assistance of counsel, to confront the witnesses against him, and to produce evidence in his own behalf at the hearing.

Source: SL 1978, ch 174, § 4.
S.D. Codified Laws § 23A-43-24 — SD Code / Title 23A / Chapter 43 / Section 23A-43-24
(Rule 46(e)(4)) Remission of bond after entry of judgment
Status: in_force

After entry of such judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture.

Source: SL 1978, ch 178, § 526.
S.D. Codified Laws § 23A-35B-11 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-11
Confidentiality of test results
Status: in_force

The final test results shall be reported to the person tested along with precautionary, medical care, and counseling information. Except as provided in § 23A-35B-12 , the results of the test shall remain confidential.

Source: SL 2012, ch 134, § 4.
S.D. Codified Laws § 23A-17-7 — SD Code / Title 23A / Chapter 17 / Section 23A-17-7
(Rule 21(c)) Transmittal of papers on change of counties
Status: in_force

When a transfer is ordered the clerk of courts of the original county shall transmit to the clerk of the court to which the proceeding is transferred all papers in the proceeding or duplicates thereof and any bail taken, and the prosecution shall continue in that county.

Source: SDC 1939 & Supp 1960, §§ 34.0818, 34.0819; SDCL, §§ 23-28-9 , 23-28-10; SL 1978, ch 178, § 227.
S.D. Codified Laws § 23A-25-13 — SD Code / Title 23A / Chapter 25 / Section 23A-25-13
Guilty but mentally ill verdict--Forms furnished--Instructions
Status: in_force

If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.

Source: SL 1983, ch 174, § 13; SL 1988, ch 191.
S.D. Codified Laws § 23A-25-7 — SD Code / Title 23A / Chapter 25 / Section 23A-25-7
Evidence and instructions kept by jury during deliberation
Status: in_force

Upon retiring for deliberation, a jury may take all exhibits and all papers which have been received as evidence in the case. Copies may be substituted for original documents when, in the opinion of a court, such documents should not be taken from the person possessing them. A jury must also take the instructions of the court.

Source: SDC 1939 & Supp 1960, § 34.3654; SDCL, § 23-45-2; SL 1978, ch 178, § 314.
S.D. Codified Laws § 23-5A-6 — SD Code / Title 23 / Chapter 5A / Section 23-5A-6
Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample
Status: in_force

Any person who has been convicted or adjudicated delinquent for a qualifying offense before July 1, 2003, and who is still serving a period of incarceration or is still under supervised release on July 1, 2003, shall provide a DNA sample as determined by the custodial institution or supervising agency and may not be released in any manner prior to the expiration of the person's maximum term of incarceration or supervised release unless and until that person has provided a DNA sample.

Source: SL 2003, ch 133, § 6.
S.D. Codified Laws § 23A-16-7 — SD Code / Title 23A / Chapter 16 / Section 23A-16-7
Venue of offense commenced outside state
Status: in_force

When a person commences an offense outside this state and consummates it within this state, and this state has jurisdiction of the offense pursuant to § 23A-16-2 , the venue is in the county in which the offense is consummated.

Source: SDC 1939 & Supp 1960, § 34.0801; SDCL, § 23-9-10; SL 1978, ch 178, § 209.
S.D. Codified Laws § 23A-33-1 — SD Code / Title 23A / Chapter 33 / Section 23A-33-1
Stay of execution by trial court on notice of intent to appeal
Status: in_force

After a judgment of conviction has been rendered but before execution of the sentence thereon, a trial court may in its discretion, if the defendant states that he desires to appeal, stay execution of the sentence for a period not to exceed thirty days.

Source: SL 1907, ch 120, § 3; SL 1915, ch 146, § 3; SL 1917, ch 200, § 1; RC 1919, § 5036; SDC 1939 & Supp 1960, § 34.4106; SDCL, § 23-51-11; SL 1978, ch 178, § 406.
S.D. Codified Laws § 23A-48-8 — SD Code / Title 23A / Chapter 48 / Section 23A-48-8
Arrest for misdemeanor or felony--Petition to modify or revoke probation--Report
Status: in_force

The response grid applies to conduct that is a violation of the terms and conditions of probation including an arrest for a misdemeanor offense. If a probationer is arrested for a felony, the court services officer shall submit a probation violation report to the prosecuting attorney. The court services officer may file a petition to modify or revoke probation with the court at any time. If a probationer's conduct demonstrates a significant risk to public safety the court services officer shall immediately submit a probation violation report.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 5), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-13-10 — SD Code / Title 23 / Chapter 13 / Section 23-13-10
Report to sheriff of gunshot wounds treated
Status: in_force

Any person treating any bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of any firearm, shall report such treatment to the sheriff of the county in which the wound is treated.

Source: SL 1967, ch 111, § 1; SL 1978, ch 169, § 4.
S.D. Codified Laws § 23A-45-12 — SD Code / Title 23A / Chapter 45 / Section 23A-45-12
(Rule 57(a)) Circuit court rules adopted by presiding judge--Consistent with title--Copies furnished to Supreme Court and code counsel--Publication of rules
Status: in_force

A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of the intent to adopt, amend or repeal any rule shall be given by filing a copy of the proposed rule, amendment or repeal in the office of the clerk of courts in each county within the circuit to be affected and by giving notice indicating the purpose of the proposed rule, amendment, or repeal in general terms and fixing a time and place, not sooner than thirty days following the date of the notice, at which any person may appear and be heard regarding the proposed adoption, amendment, or repeal. Notice of the proposed adoption, amendment, or repeal of several rules may be given at one time and in one notice. The notice required by this rule may be given by mailing to all of the active members of the state bar within the circuit.

Any rule, or amendment or repeal thereof, adopted pursuant to this section shall become effective upon being filed with and approved by the Supreme Court. Upon being approved, all such rules, amendments, or repeals thereof shall be filed by the Supreme Court with the code counsel who shall publish them as an appendix to Title 23A of the code. Any rules heretofore adopted pursuant to this section are hereby nullified. Clerks of courts shall make appropriate arrangements, subject to the approval of the Supreme Court, to make copies of all rules promulgated pursuant to this section available to the public.

Source: SL 1978, ch 178, § 560; SL 1979, ch 159, § 45; SL 1991, ch 433 (Supreme Court Rule 90-10).
S.D. Codified Laws § 23A-3-29 — SD Code / Title 23A / Chapter 3 / Section 23A-3-29
Hearing on motion for expungement
Status: in_force

The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper.

Source: SL 2010, ch 126, § 4.
S.D. Codified Laws § 23A-35A-1 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Aggrieved person," a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed;

(2) "Attorney general," the attorney general of the State of South Dakota;

(3) "Chapter 119 of the United States Code," Chapter 119 of Part I of Title 18, United States Code, being Public Law 90-351, the Omnibus Crime Control and Safe Streets Act of 1968;

(4) "Communications common carrier," the meaning given to the term, common carrier, by section 153 of Title 47 of the United States Code;

(5) "Contents," with respect to any wire, electronic, or oral communication, any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication;

(6) "Eavesdropping device," any electronic, mechanical, or other apparatus which is intentionally used to intercept a wire, electronic, or oral communication other than:

(a) Any telephone, telegraph instrument, or electronic communication device, equipment, or facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the ordinary course of business and being used by the subscriber or user in the ordinary course of business; or (ii) being used by a communications common carrier in the ordinary course of business, or by an investigative or law enforcement officer in the ordinary course of duty; or

(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal;

(7) "Intercept," the aural acquisition of the contents of any wire, electronic, or oral communication through the use of any eavesdropping device;

(8) "Investigative or law enforcement officer," any officer of the State of South Dakota or any political subdivision of this state who is empowered by the laws of this state to conduct investigations of or to make arrests for offenses designated and enumerated in this chapter, any law enforcement officer of the United States and any attorney authorized by the laws of this state to prosecute or participate in the prosecution of offenses designated and enumerated in this chapter;

(9) "Judge," or "judge of competent jurisdiction," the judge of any circuit court of the State of South Dakota;

(10) "Oral communication," any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation;

(11) "Pen register," a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the communication system that the device is attached. The term does not include any device used by a provider or customer of a wire communication service for billing, or recording as an incident to billing, for communications services provided by the provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of business;

(12) "Person," any employee, or agent of the United States or any state or political subdivision thereof, and any individual, partnership, limited liability company, association, joint stock company, trust, or corporation;

(13) "State's attorney," the state's attorney of any county of the State of South Dakota;

(14) "Trap and trace device," a device that captures incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted;

(15) "Wire communication," any communication made through the use of facilities for the transmission of communications by the aid of wire, cable, radio, or other connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating the facilities for the transmission of interstate or foreign communications;

(16) "Electronic communication," any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted by a wire, radio, electromagnetic, electronic, or optical system.

Source: SL 1969, ch 158, § 1; SDCL Supp, § 23-13A-1 ; SL 1983, ch 187, § 1; SL 1988, ch 194, § 1; SL 1994, ch 351, § 44; SL 2006, ch 136, § 2; SL 2017, ch 108, § 1.
S.D. Codified Laws § 23-7-60 — SD Code / Title 23 / Chapter 7 / Section 23-7-60
Gold card permit to carry concealed pistol--Application
Status: in_force

An applicant must submit an application, to the sheriff of the county in which the applicant resides, for a gold card permit to carry a concealed pistol. The application must include:

(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check; and

(2) An authorization to run a criminal background check.

The sheriff shall forward the copy of the applicant's fingerprints and the applicant's authorization for processing a criminal background check to the Division of Criminal Investigation for processing.

Source: SL 2016, ch 132, § 7, eff. Jan. 1, 2017; SL 2021, ch 104, § 4; SL 2022, ch 70, § 5.
S.D. Codified Laws § 23A-28A-2 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-2
Attorney general's proceedings under escrow provisions--Notice to accused or convicted person--Application by accused or convicted person for hearing--Orders by court
Status: in_force

When any contract described in § 23A-28A-1 is submitted to the attorney general or the attorney general receives information of the existence of such a contract, notice of intent to proceed under the provisions of this chapter shall be given by the attorney general, if he contends such contract is within the purview of this chapter, to any accused or convicted person who is a party in interest to the contract and to all other persons known to have any interest in the contract. Within thirty days after service of notice, any accused or convicted person claiming the right to possession of such moneys or other personal property under the contract may make application to any circuit court for permission to show cause why said moneys or other personal property should not be paid over to the attorney general and placed in escrow under the terms of this chapter. Any show cause proceedings shall be set for hearing on a day not more than thirty days therefrom; at the hearing any accused person, convicted person, or party in interest who has made application may show by competent evidence that the money or personal property is not subject to being escrowed under the terms of this chapter. If the court finds that the moneys and personal property are not subject to the escrow provisions under this chapter, the court shall order that the escrow provisions of this chapter do not apply; and the court shall order the escrowing of the moneys if it determines that such moneys and personal property are subject to the escrow provisions of this chapter. The procedure governing any proceedings, except as herein provided, shall be conducted pursuant to Title 15.

Source: SL 1982, ch 184, § 1A.
S.D. Codified Laws § 23-5B-17 — SD Code / Title 23 / Chapter 5B / Section 23-5B-17
Habeas corpus
Status: in_force

Nothing in this chapter provides a basis for relief in any state or federal habeas corpus proceeding.

Source: SL 2009, ch 120, § 17.
S.D. Codified Laws § 23A-27-7 — SD Code / Title 23A / Chapter 27 / Section 23A-27-7
(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received
Status: in_force

Before imposing sentence a court shall disclose the report of the presentence investigation to the defendant, the defendant's counsel, if represented by counsel, and the prosecuting attorney, but the court may exclude any recommendation as to sentence, and other material that, in the opinion of the court, contains a diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons. The court shall afford the defendant, the defendant's counsel, or the prosecuting attorney an opportunity to comment thereon and, in the discretion of the court, to introduce testimony or other information relating to any alleged factual inaccuracy contained in the presentence report.

Source: SL 1978, ch 178, § 339; SL 1979, ch 159, § 14; SL 1997, ch 142, § 1.
S.D. Codified Laws § 23-24A-34 — SD Code / Title 23 / Chapter 24A / Section 23-24A-34
Liberal construction of agreement--Severability of provisions
Status: in_force

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Source: SL 1972, ch 150, § 27.
S.D. Codified Laws § 23A-35-10 — SD Code / Title 23A / Chapter 35 / Section 23A-35-10
(Rule 41(d)) Receipt and copy of warrant given to person from whom property taken--Inventory filed with return of warrant--Copies of inventory
Status: in_force

An officer taking property under a warrant shall give to the person from whom or from whose premises the property was taken, a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be signed under oath by the officer. The committing magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

Source: SDC 1939 & Supp 1960, § 34.1109; SDCL, § 23-15-18; SL 1978, ch 178, § 447.
S.D. Codified Laws § 23A-8-8 — SD Code / Title 23A / Chapter 8 / Section 23A-8-8
(Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact
Status: in_force

A motion made before a trial shall be determined before the trial unless the court, for good cause, orders that it be deferred for determination at the trial of the general issue or until after the verdict, but no such determination shall be deferred if a party's right to appeal is adversely affected. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record.

Source: SL 1978, ch 178, § 113.
S.D. Codified Laws § 23-7-8 — SD Code / Title 23 / Chapter 7 / Section 23-7-8
Application for permit, enhanced permit, or gold card permit to carry concealed pistol
Status: in_force

The application for a permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, country of citizenship, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. If the applicant is not a United States citizen, the application shall require any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for five years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for five years by the authority issuing the permit.

Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 2; SL 1985, ch 190, § 10; SL 2002, ch 117, § 1; SL 2002, ch 118, § 6; SL 2015, ch 137, § 9; SL 2016, ch 131, § 1; SL 2016, ch 132, § 1, eff. Jan. 1, 2017.
S.D. Codified Laws § 23A-14A-7 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-7
Order of compliance with terms and conditions prescribed by out-of-state judge
Status: in_force

The court may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

Source: SL 2002, ch 119, § 7.
S.D. Codified Laws § 23A-13-9 — SD Code / Title 23A / Chapter 13 / Section 23A-13-9
Testimony stricken when prosecution elects not to produce prior statement--Mistrial
Status: in_force

If the prosecuting attorney elects not to comply with an order of the court under §§ 23A-13-7 and 23A-13-8 to deliver to the defendant any such statement, or such portion thereof as the court may direct, the court shall strike from the record the testimony of the witness, and the trial shall proceed unless the court in its discretion shall determine that the interests of justice require that a mistrial be declared.

Source: SL 1978, ch 178, § 148-A.
S.D. Codified Laws § 23-7-8.7 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.7
Application of firearm confidentiality provisions
Status: in_force

The provisions of § 23-7-8.6 do not apply to:

(1) Records of firearms that have been used in committing any crime;

(2) Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;

(3) Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;

(4) Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;

(5) Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;

(6) The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually; and

(7) The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by § 23-7-8 .

Source: SL 2005, ch 124, § 2; SL 2009, ch 121, § 1.
S.D. Codified Laws § 23-24A-30 — SD Code / Title 23 / Chapter 24A / Section 23-24A-30
Designation of officer in party states to implement agreement
Status: in_force

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

Source: SL 1972, ch 150, § 25.
S.D. Codified Laws § 23A-27-12 — SD Code / Title 23A / Chapter 27 / Section 23A-27-12
(Rule 32(e)) Placement on probation--Exception
Status: in_force

After conviction of an offense not punishable by death or life imprisonment, a defendant may be placed on probation. No person who has been previously convicted for a crime of violence as defined in subdivision § 22-1-2(9) may be placed on probation if his second or subsequent felony conviction is for a crime of violence as defined in subdivision § 22-1-2(9).

Source: SDC 1939, § 13.5201; SDCL, § 23-57-1 ; SL 1978, ch 178, § 344; SL 1979, ch 159, § 16; SL 1987, ch 177, § 1.
S.D. Codified Laws § 23-5B-4 — SD Code / Title 23 / Chapter 5B / Section 23-5B-4
Petitioner may retain counsel
Status: in_force

Nothing in this chapter precludes a petitioner from proceeding with privately retained counsel.

Source: SL 2009, ch 120, § 4.
S.D. Codified Laws § 23A-10A-5 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-5
Suspension of proceedings pending determination of defendant's competency
Status: in_force

The trial of the indictment or information or the sentencing, as the case may be, shall be suspended until the question of mental competency is determined by the court.

Source: SDC 1939 & Supp 1960, § 34.2002; SDCL, § 23-38-3; SL 1978, ch 175, § 5; SL 1991, ch 199, § 10; SL 1991, ch 200.
S.D. Codified Laws § 23A-24-3 — SD Code / Title 23A / Chapter 24 / Section 23A-24-3
Departure from order of proceedings for good cause
Status: in_force

When the state of the pleadings requires it or in any case for good reasons and in the sound discretion of the court, the order of trial and argument prescribed in § 23A-24-2 may be departed from.

Source: Supreme Court Rule 396, 1939; SDC 1939 & Supp 1960, § 34.3627; SDCL, § 23-42-7; SL 1978, ch 178, § 303.
S.D. Codified Laws § 23-24A-28 — SD Code / Title 23 / Chapter 24A / Section 23-24A-28
Mentally ill persons not covered
Status: in_force

No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

Source: SL 1972, ch 150, § 24.
S.D. Codified Laws § 23A-29-2 — SD Code / Title 23A / Chapter 29 / Section 23A-29-2
Effect of grant of new trial--Evidence received
Status: in_force

The granting of a new trial places the parties in the same position as if no trial had been had. All evidence must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument.

Source: SDC 1939 & Supp 1960, § 34.4001; SDCL, § 23-50-12; SL 1978, ch 178, § 380.
S.D. Codified Laws § 23A-3-36 — SD Code / Title 23A / Chapter 3 / Section 23A-3-36
Dismissal of charges and notice of completion of diversion
Status: in_force

If the requirements of § 23A-3-35 have been met, the state's attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person.

Source: SL 2018, ch 143, § 2.
S.D. Codified Laws § 23-14-16 — SD Code / Title 23 / Chapter 14 / Section 23-14-16
Papers returned to circuit court
Status: in_force

The coroner shall then return to the circuit court the inquisition, the written evidence, and a list of the witnesses who testified to material matters.

Source: SDC 1939 & Supp 1960, § 34.1014.
S.D. Codified Laws § 23A-22-5 — SD Code / Title 23A / Chapter 22 / Section 23A-22-5
Burden of proof as to mitigation or excuse in homicide prosecution
Status: in_force

In prosecutions for murder, after the prosecution has proved that a defendant committed the homicide, the burden of proving circumstances of mitigation, or that justify or excuse it, passes to the defendant, unless the proof of the prosecution shows that the crime committed only amounts to manslaughter or that the defendant was justified or excused.

Source: Supreme Court Rule 402, 1939; SDC 1939 & Supp 1960, § 34.3642; SDCL, § 23-44-15; SL 1978, ch 178, § 289.
S.D. Codified Laws § 23A-4-8 — SD Code / Title 23A / Chapter 4 / Section 23A-4-8
(Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record
Status: in_force

A verbatim record of the proceeding in each preliminary hearing shall be made under the direction of the committing magistrate upon request of either the prosecuting attorney or the defendant. A copy of the transcript of the record of the proceeding shall be furnished to the defendant and to the prosecuting attorney if either requests it. If a transcript is requested by the defendant and the committing magistrate finds that the defendant is indigent, its cost shall be borne by the county where the venue of the alleged offense was originally laid. In such case the committing magistrate shall follow the procedures set forth in chapter 23A-40 . At the conclusion of the preliminary hearing the committing magistrate shall forthwith transmit to the clerk of the trial court having jurisdiction of the offense, all papers of the proceeding, any bail taken by him, and all exhibits received in the hearing. The circuit court may, for good cause shown, limit access to the record of the proceeding.

Source: SDC 1939, §§ 34.1405, 34.1409; SL 1957, ch 180; SDCL, §§ 23-27-12, 23-27-21; SL 1978, ch 178, § 43.
S.D. Codified Laws § 23A-27-19 — SD Code / Title 23A / Chapter 27 / Section 23A-27-19
Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation
Status: in_force

The sentencing court retains jurisdiction for the purpose of suspending any sentence for a period of two years from the effective date of the judgment of conviction, notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter period of time. The court shall notify the attorney who prosecuted the person or the successor in office of the prosecuting attorney at least fourteen days in advance of the suspension. Notice shall be provided to any victim by the prosecuting attorney or the successor in office pursuant to the provisions of § 23A-27-1.2 . Any person whose sentence is suspended pursuant to this section is under the supervision of the Board of Pardons and Paroles, except as provided in § 23A-27-18.2 . 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.

Source: SL 1945, ch 149; SDC Supp 1960, § 34.3708-1; SDCL § 23-57-8; SL 1978, ch 178, § 349; SL 1979, ch 159, § 19; SL 1985, ch 197; SL 1986, ch 195; SL 1988, ch 192; SL 1988, ch 193; SL 2005, ch 127, § 1; SL 2010, ch 129, § 5; SL 2016, ch 137, § 1.
S.D. Codified Laws § 23A-35B-7 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-7
Emergency medical services person's request for information or testing of source individual
Status: in_force

An emergency medical services person who is a victim may request in writing to the source individual, or if the source individual is deceased, to a relative of the source individual or to the source individual's estate, for medical records or information concerning blood-borne pathogens. If the source individual, a relative, or the estate denies the request or does not provide a response within three business days, the emergency medical services person may file a petition with the circuit court to require the source individual to provide the information or to be tested for blood-borne pathogens by the Department of Health and that an order be obtained for the purpose of taking a blood sample from the source individual for testing. The petition shall state that the emergency medical services person believes there was an exchange of blood, semen, or other bodily fluids from the source individual to the emergency medical services person and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the emergency medical services person and the source individual, a relative, or the estate may be present. If the court finds probable cause to believe that there was an exchange of blood, semen, or other bodily fluids from the source individual to the emergency medical services person, the court may issue an order for the purpose of taking a blood sample from the source individual for testing for blood-borne pathogens. If the source individual is not available for testing, the court may order a release of medical information from the source individual's medical providers to the emergency medical services person.

Source: SL 2010, ch 132, § 2.
S.D. Codified Laws § 23-3-42 — SD Code / Title 23 / Chapter 3 / Section 23-3-42
Qualifications prescribed for law enforcement officers
Status: in_force

In addition to the requirements of § 23-3-41 , the commission, by rules promulgated pursuant to chapter 1-26 , shall fix other qualifications for the employment and training of appointed law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience, and such other matters as relate to the competence and reliability of persons to assume and discharge the various responsibilities of law enforcement officers. The commission shall also prescribe the means for presenting evidence of fulfillment of these requirements. Notwithstanding §§ 23A-27-14 and 23A-27-17 , any person seeking certification as a law enforcement officer who has received an order pursuant to § 23A-27-13 may have his or her application refused. Notwithstanding §§ 26-7A-105 and 26-7A-106 , any person seeking certification as a law enforcement officer who has received an adjudication or disposition pursuant to chapter 26-7A or 26-8C may have his or her application refused if the adjudication or disposition was for a crime which, if committed by an adult, would constitute a crime under chapter 22-42 that is punishable as a felony, a sex crime as defined in § 22-24B-1 , or a crime of violence as defined in subdivision 22-1-2(9).

Source: SL 1970, ch 145, § 5 (c); SL 1992, ch 169, § 3; SL 2004, ch 159, § 1.
S.D. Codified Laws § 23A-13-17 — SD Code / Title 23A / Chapter 13 / Section 23A-13-17
(Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection
Status: in_force

If, at any time during the course of a proceeding, it is brought to the attention of a court that a party has failed to comply with an applicable discovery provision, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery and inspection and may prescribe such terms and conditions as are just.

Source: SL 1978, ch 178, § 174.
S.D. Codified Laws § 23A-27-26 — SD Code / Title 23A / Chapter 27 / Section 23A-27-26
Judgment against defendant for costs--Items excluded--Enforcement as civil judgment
Status: in_force

In all criminal actions, upon conviction of the defendant, the court may adjudge that the defendant pay the whole or any part of the costs of that particular prosecution in addition to the liquidated costs provided by § 23-3-52 . However, the costs shall not include items of governmental expense such as juror's fees, bailiff's fees, salaries and expenses of special agents, and reporter's per diem. Payment of costs may be enforced as a civil judgment against the defendant.

Source: SDC 1939, § 34.3709; SL 1943, ch 129; SDCL, § 23-48-31; SL 1978, ch 178, § 368; SL 1982, ch 186, § 3.
S.D. Codified Laws § 23A-27-13 — SD Code / Title 23A / Chapter 27 / Section 23A-27-13
Suspended imposition of felony sentence--Eligibility--Probation placement--Revocation
Status: in_force

Except as provided in § 23A-27-13.3 , upon receiving a verdict or plea of guilty for a felony not punishable by death or life imprisonment by a person never before convicted of a crime that at the time of conviction constitutes a felony in this state, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for a period and upon any terms and conditions as the court may deem best. No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a felony, is eligible to be granted a second suspended imposition of sentence for a felony. A court may revoke the suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period.

Source: SL 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, § 16A; SL 2010, ch 128, § 1; SL 2016, ch 136, § 1; SL 2025, ch 102, § 1.
S.D. Codified Laws § 23A-10A-4.2 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-4.2
Findings as to mental competence not prejudicing insanity defense--Inadmissible
Status: in_force

A finding by the court that the defendant is mentally competent to stand trial may not prejudice the defendant in raising the issue of his insanity as a defense to the offense charged, and may not be admissible as evidence in a trial for the offense charged.

Source: SL 1985, ch 192, § 41.
S.D. Codified Laws § 23-6-14 — SD Code / Title 23 / Chapter 6 / Section 23-6-14
Access to files and records of bureau
Status: in_force

The Governor, and persons specifically authorized by the director, shall have access to the files and records of the bureau. No such file or record of information shall be given out or made public except as provided in this chapter, or except by order of court, or except as may be necessary in connection with any criminal investigation in the judgment of the Governor or director, for the apprehension, identification or trial of a person, or persons, accused of crime, or for the identification of deceased persons, or for the identification of property.

Source: SL 1939, ch 138, § 14; SDC Supp 1960, § 55.15A14.
S.D. Codified Laws § 23A-24-4 — SD Code / Title 23A / Chapter 24 / Section 23A-24-4
Separation or segregation of jurors before submission of case--Oath of officers in charge of jury
Status: in_force

At any time before the submission of a case to the jury, a court, in its discretion, may allow the jurors to separate or shall have them kept in charge of proper officers who must be sworn to keep the jurors together until the next meeting of the court, to allow no person (including the officers themselves) to communicate with the jurors on any subject connected with the trial, and to return the jurors to court at the time directed by the court.

Source: SDC 1939 & Supp 1960, § 34.3647; SDCL, § 23-43-44; SL 1978, ch 178, § 304.
S.D. Codified Laws § 23A-48-5 — SD Code / Title 23A / Chapter 48 / Section 23A-48-5
Statewide utilization of grid for adult cases
Status: in_force

The response grid in Appendix A to this chapter is hereby adopted for statewide use by court services officers. The response grid shall be utilized statewide for all adult cases supervised through court services. Sections 23A-48-4 to 23A-48-14 , inclusive, do not apply to probationers supervised as part of a drug court as defined by § 16-22-3 .

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 2), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-28B-32.1 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-32.1
Department permitted to amend commission order
Status: in_force

Upon request of the claimant and subject to the limitations set forth in this chapter, including any rules promulgated pursuant to § 23A-28B-20 , the department may amend an order entered by the commission pursuant to § 23A-28B-32 . However, such amendments may not exceed five percent of the total amount authorized by the commission. The department may not award compensation for the claim if the commission denied compensation.

Source: SL 1998, ch 150, § 6.
S.D. Codified Laws § 23A-27-31 — SD Code / Title 23A / Chapter 27 / Section 23A-27-31
Sheriff requiring assistance while conveying defendant to prison
Status: in_force

The sheriff or his deputy, while conveying the defendant to his proper prison in execution of a judgment of imprisonment, has the same authority to request the assistance of any citizen in securing the defendant and in retaking him if he escapes, as if the sheriff were in his own county; and every person who refuses or neglects to assist the sheriff, when so requested, is punishable as if the sheriff were in his own county.

Source: SDC 1939 & Supp 1960, § 34.3716; SDCL, § 23-48-41; SL 1978, ch 178, § 373.
S.D. Codified Laws § 23-5A-31 — SD Code / Title 23 / Chapter 5A / Section 23-5A-31
Failure to expunge not grounds for invalidation
Status: in_force

Any identification, warrant, probable cause to arrest, or arrest based upon a database match is not invalidated due to a failure to expunge or a delay in expunging records.

Source: SL 2003, ch 133, § 31.
S.D. Codified Laws § 23A-13-5 — SD Code / Title 23A / Chapter 13 / Section 23A-13-5
Work product protected from discovery by defendant
Status: in_force

Except as provided in §§ 23A-13-1 , 23A-13-2 , and 23A-13-4 , this chapter does not authorize the discovery or inspection of reports, memoranda, or other internal prosecution documents made by the prosecuting attorney or other employees of law enforcement agencies in connection with the investigation or prosecution of the case, or of statements made by the prosecution witnesses or prospective prosecution witnesses except as provided in §§ 23A-13-7 to 23A-13-10 , inclusive.

Source: SL 1978, ch 178, § 145.
S.D. Codified Laws § 23-24-23 — SD Code / Title 23 / Chapter 24 / Section 23-24-23
Governor may recall warrant or issue alias
Status: in_force

The Governor may recall the Governor's warrant of arrest or may issue another warrant whenever the Governor deems proper.

Source: SDC 1939, § 34.1720; SL 1953, ch 200, § 21; SL 2023, ch 3, § 33.
S.D. Codified Laws § 23A-3-8 — SD Code / Title 23A / Chapter 3 / Section 23A-3-8
Receipts given for property taken from person arrested
Status: in_force

When money or property, other than that seized pursuant to chapters 23A-35 to 23A-37 , inclusive, is taken from a defendant arrested upon a charge of having committed a public offense, the law enforcement officer taking it must, at the time, make duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. One of the receipts shall be given to the defendant.

Source: SDC 1939 & Supp 1960, § 34.0601; SDCL, § 23-16-1; SL 1978, ch 178, § 21.
S.D. Codified Laws § 23A-28A-11 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-11
Commencement of five-year period for bringing action
Status: in_force

Notwithstanding any inconsistent provision of the civil procedure laws and rules with respect to the timely bringing of an action, the five - year period provided for in this chapter does not begin to run until an escrow account has been established.

Source: SL 1982, ch 184, § 9.
S.D. Codified Laws § 23A-31-3 — SD Code / Title 23A / Chapter 31 / Section 23A-31-3
Reduction of sentence for substantial assistance in investigating or prosecuting another
Status: in_force

Upon the motion of the prosecuting attorney, the court may reduce a sentence if the defendant has provided substantial assistance in investigating or prosecuting another person.

Whenever granting a sentence reduction pursuant to this section, the court is not prohibited from reducing the sentence to a level below the minimum sentence provided in statute.

Source: SL 2009, ch 125, § 1.
S.D. Codified Laws § 23A-28B-32 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-32
Request for review of department order--Hearing
Status: in_force

If a claimant disagrees with an order entered by the department, the claimant, within fifteen days from the date of service of the order, may request a review of the claim by the commission. A request for review shall be in writing in a form prescribed by the commission. Upon receipt of a request for review, the commission shall treat the department order as a recommendation by the department and shall hold a hearing to decide the claim. The hearing shall be held upon at least thirty days notice to the claimant and any other interested persons. The commission shall consider the order of the department and any objections to the order by the claimant. In addition, the commission may subpoena persons or documents, administer oaths or affirmations, and receive any additional relevant evidence which the commission deems necessary to decide the compensability of the claim. Based upon evidence presented at the hearing, the commission may adopt, modify, or reject the order of the department. A record of all proceedings at the hearing shall be kept. Any hearing held pursuant to this section may not be deemed a contested case hearing and the provisions of §§ 1-26-16 to 1-26-37 , inclusive, governing contested cases and appeals therefrom do not apply. However, the commission shall adopt procedural rules pursuant to chapter 1-26 governing hearings held pursuant to this section. If no request for review is received within fifteen days, the department order shall become final with no further action by the commission and compensation shall be paid in accordance therewith.

Source: SL 1991, ch 201, § 32; SL 1998, ch 150, § 5.
S.D. Codified Laws § 23A-14A-4 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-4
Terms and conditions for return, custody--Costs
Status: in_force

The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of the witness's testimony, proper safeguards on the witness's custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. Mileage and expenses shall be allowed as provided for state employees. The order does not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.

Source: SL 2002, ch 119, § 4.
S.D. Codified Laws § 23A-51-3 — SD Code / Title 23A / Chapter 51 / Section 23A-51-3
Commission on Indigent Legal Services--Members--Terms--Officers--Meetings
Status: in_force

(1) Three members, not less than two of which are attorneys licensed in South Dakota, appointed by the Governor, that have significant experience in criminal proceedings or a demonstrated commitment to indigent defense, one initially appointed for a term of four years, one initially appointed for a term of three years, and one initially appointed for a term of two years;

(2) Three members, not less than two of which are attorneys licensed in South Dakota, appointed by the chief justice of the Supreme Court, that have experience in criminal proceedings or a demonstrated commitment to indigent defense, one initially appointed for a term of four years, one initially appointed for a term of three years, and one initially appointed for a term of two years;

(3) One member appointed by the president pro tempore of the Senate, initially appointed for a term of three years;

(4) One member appointed by the speaker of the House of Representatives, initially appointed for a term of three years; and

(5) One member appointed by the executive director of the South Dakota Association of County Commissioners, initially appointed for a term of two years.

Source: SL 2024, ch 95, § 3, eff. Mar. 18, 2024.
S.D. Codified Laws § 23A-35B-8 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-8
Mandatory HIV testing of persons convicted of prostitution or solicitation of prostitution
Status: in_force

Any person convicted of prostitution or solicitation of prostitution shall be required, with or without that person's consent, to undergo a standard diagnostic test for human immunodeficiency virus (HIV) under the testing protocol of the Department of Health.

Source: SL 2012, ch 134, § 1.
S.D. Codified Laws § 23-24-2 — SD Code / Title 23 / Chapter 24 / Section 23-24-2
Fugitives from other states--Governor to cause arrest and delivery
Status: in_force

Subject to the provisions of this chapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.

Source: SDC 1939, § 34.1702; SL 1953, ch 200, § 2.
S.D. Codified Laws § 23A-15-1 — SD Code / Title 23A / Chapter 15 / Section 23A-15-1
Order for conference to consider preliminary matters--Defendant not represented by counsel
Status: in_force

Any time after the filing of an indictment or information a court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. This section shall not be invoked in a case where a defendant is not represented by counsel.

Source: SL 1978, ch 178, § 204.
S.D. Codified Laws § 23A-43-8 — SD Code / Title 23A / Chapter 43 / Section 23A-43-8
Review of conditions when defendant unable to meet conditions for release--Statement by magistrate of reasons for conditions
Status: in_force

A defendant for whom conditions of release are imposed and who after twenty - four hours from the time of the release hearing, continues to be detained as a result of his inability to meet the conditions of release, may, upon application, have the conditions reviewed by the committing magistrate, the court that imposed them, or a circuit court having jurisdiction of the defendant and the offense charged. Unless the conditions of release are amended and the person is thereupon released, the committing magistrate or court shall set forth in writing the reasons for requiring the conditions imposed.

Source: SL 1978, ch 178, § 511; SL 1983, ch 193.
S.D. Codified Laws § 23-24-37 — SD Code / Title 23 / Chapter 24 / Section 23-24-37
Uniformity of interpretation
Status: in_force

The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.

Source: SL 1953, ch 200, § 28; SDC Supp 1960, § 34.1727.
S.D. Codified Laws § 23A-26-12 — SD Code / Title 23A / Chapter 26 / Section 23A-26-12
Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity
Status: in_force

If a verdict of guilty or "guilty but mentally ill" is returned against the defendant, he shall be remanded, if in custody, to the proper officer of the county to await the judgment of the court upon the verdict. When the jury has returned a verdict acquitting the defendant upon the ground of insanity, the court shall order that the defendant be committed to the human services center until such time as he is eligible for release pursuant to § 23A-26-12.5 .

Source: SDC 1939 & Supp 1960, §§ 13.0605, 34.3676; SDCL, §§ 23-45-21, 23-48-2; SL 1978, ch 178, § 330; SL 1983, ch 174, § 17; SL 1985, ch 192, § 12.
S.D. Codified Laws § 23-5B-7 — SD Code / Title 23 / Chapter 5B / Section 23-5B-7
Testing by agreement
Status: in_force

Nothing in this chapter prohibits a convicted person and the state from consenting to and conducting post-conviction DNA testing by agreement of the parties, without filing a motion for post-conviction DNA testing pursuant to this chapter.

Source: SL 2009, ch 120, § 7.
S.D. Codified Laws § 23A-36-3 — SD Code / Title 23A / Chapter 36 / Section 23A-36-3
Magistrate's orders to prevent removal of material pending hearing
Status: in_force

The magistrate shall further have authority to render such orders as are reasonable and necessary, to protect the court's jurisdiction over the matter described in the affidavit for a search warrant and may issue orders requiring that the matter not be removed from its location as described in the affidavit for a search warrant or to make any change, alteration, or destruction of the matter until such time as a hearing has been conducted and the search warrant executed or the request therefor denied.

Source: SL 1974, ch 165, § 9; SDCL Supp, § 22-24-41; SL 1978, ch 178, § 454.
S.D. Codified Laws § 23A-3-14 — SD Code / Title 23A / Chapter 3 / Section 23A-3-14
Definition of fresh pursuit for interstate felony arrest
Status: in_force

The term "fresh pursuit" as used in §§ 23A-3-10 to 23A-3-14 , 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. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used in this title shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

Source: SL 1939, ch 139, § 5; SDC Supp 1960, § 34.16B05; SDCL, § 23-23-2; SL 1978, ch 178, § 27.
S.D. Codified Laws § 23A-20-27 — SD Code / Title 23A / Chapter 20 / Section 23A-20-27
Trial jury constituted after peremptory challenges--Last jurors chosen as alternates
Status: in_force

The persons remaining after both parties have exercised their peremptory challenges constitute the jurors for the trial. The jurors remaining who were last called under § 23A-20-3 , 23A-20-4 , or 23A-20-8 to make up the full jury box shall be the alternate jurors.

Source: SL 1978, ch 178, § 258.
S.D. Codified Laws § 23A-2-2 — SD Code / Title 23A / Chapter 2 / Section 23A-2-2
(Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons
Status: in_force

If it appears from a complaint, or from an affidavit or affidavits filed with a complaint, that there is probable cause to believe that an offense has been committed and that a particular person has committed it, a warrant for the arrest of that person, if requested by the prosecuting attorney, shall be issued to any officer authorized by law to execute it. If circumstances make it reasonable to do so in the absence of a written affidavit, an arrest warrant may be issued upon sworn oral testimony of a person who is not in the physical presence of a committing magistrate if the committing magistrate is satisfied that probable cause exists for the issuance of the warrant. The sworn oral testimony may be communicated to the magistrate by telephone or other appropriate means and shall be recorded and transcribed. After transcription the statement shall be certified by the magistrate and filed with the court. This statement shall be deemed to be an affidavit and complaint for purposes of this section. In cases of alleged rape, incest, or sexual contact, if the victim is a minor, the court may limit access to the affidavit pursuant to § 23A-6-22.1 . Upon the request of the prosecuting attorney, a summons instead of a warrant shall be used. More than one warrant or summons may be issued on the same complaint. If a defendant fails to appear in response to a summons, a warrant shall be issued.

Source: CCrimP 1877, § 95; CL 1887, § 7120; RCCrimP 1903, § 92; RC 1919, § 4528; SDC 1939 & Supp 1960, § 34.1615; SDCL § 23-21-5; SL 1978, ch 178, § 4; SL 1992, ch 171; SL 2011, ch 124, § 3.
S.D. Codified Laws § 23A-28B-27 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-27
Emergency award of compensation--Amount--Excess amount repaid
Status: in_force

If the department concludes that an award of compensation is likely and that undue hardship will result to a claimant if an immediate award is not made, the department may grant an emergency award of compensation. The amount of such emergency award shall be based upon the claimant's immediate and verifiable needs as a result of loss of income or support, upon emergency medical treatment expenses or upon funeral and burial expenses. The amount of an emergency award may not exceed one thousand dollars. Any emergency award granted pursuant to this section shall be deducted from any final compensation award made to the claimant. Any excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, shall be repaid by the claimant to the department for reimbursement to the fund.

Source: SL 1991, ch 201, § 27.
S.D. Codified Laws § 23A-2-11 — SD Code / Title 23A / Chapter 2 / Section 23A-2-11
Service of summons on corporate defendant
Status: in_force

No warrant of arrest may be issued against a corporation. A summons directed to a corporation shall be served at least five days before the day of appearance fixed therein by delivering it to the president or other head of the corporation, or to its secretary, treasurer, managing agent, or authorized agent for service of process.

Source: SDC 1939 & Supp 1960, § 34.3801; SDCL, § 23-27-27; SL 1978, ch 178, § 12.
S.D. Codified Laws § 23-13-6 — SD Code / Title 23 / Chapter 13 / Section 23-13-6
Neglect of gambling investigation and enforcement as petty offense
Status: in_force

Any public official referred to in §§ 23-13-4 and 23-13-5 who has knowledge sufficient to put an ordinary person on inquiry as to existence of any forms of gambling nuisance prohibited by this code and who fails thereafter diligently to secure and prepare the available evidence and to prosecute the violations found to exist, commits a petty offense.

Source: SDC 1939, § 24.9901; SL 1979, ch 150, § 29.
S.D. Codified Laws § 23A-19-1 — SD Code / Title 23A / Chapter 19 / Section 23A-19-1
Panel defined
Status: in_force

A panel is a list of jurors drawn pursuant to chapter 16-13 to serve at a particular court or for the trial of a particular action.

Source: SDC 1939 & Supp 1960, § 34.3610; SDCL, § 23-43-9; SL 1978, ch 178, § 262.
S.D. Codified Laws § 23A-35A-14 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-14
Disclosures to interested parties--Inspection of intercepted communications, application, or order--Postponement of notice
Status: in_force

Within ninety days after an application under § 23A-35A-3 is denied, or the period of an order or extension expires, the issuing or denying judge shall cause the persons named in the order or application and any other parties to intercepted communications as the judge may determine the interests of justice require, to be served with an inventory including notice of:

(1) The fact of the entry of the order or the application;

(2) The date of the entry and the period of authorized interception, or the denial of the application; and

(3) The fact that during the period wire, electronic, or oral communications were or were not intercepted.

On motion, the judge may make available to the person or the person's counsel for inspection the portions of the intercepted communications, applications, and order as the judge determines to be in the interest of justice. On an ex parte showing of good cause to the judge, the serving of the notice required by this section may be postponed.

Source: SL 1980, ch 181, § 17; SL 2017, ch 108, § 10.
S.D. Codified Laws § 23A-48-11 — SD Code / Title 23A / Chapter 48 / Section 23A-48-11
Court services officer response to violation of conditions of probation
Status: in_force

In response to a violation of the conditions of probation the court services officer may:

(1) Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions.

(2) Place a probationer who violates the terms of supervision in a local correctional or detention facility for a period of time up to forty-eight hours with review and prior approval of the chief court services officer for the judicial circuit.

(3) Impose any sanction with consideration to the probationers' employment schedule while still preserving public safety and maintaining the purpose and integrity of the sanctioning process.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 8), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-25-5.1 — SD Code / Title 23A / Chapter 25 / Section 23A-25-5.1
Oath of officers to protect privacy of jury
Status: in_force

Before any officer may enter upon duties pursuant to § 23A-25-5 , the following oath shall be administered to each officer: Do you solemnly swear or affirm that you will take this jury to a private and convenient place, that you will not allow any person, including yourself, to communicate with the jurors except by order of the court, until they have reached a verdict, and that when a verdict has been reached you will return them into the court, so help you God?

Source: SL 2007, ch 131, § 4.
S.D. Codified Laws § 23A-5-9 — SD Code / Title 23A / Chapter 5 / Section 23A-5-9
General powers of grand jury--Access to prisons and records
Status: in_force

The grand jury has power, and it is its duty, to inquire into all public offenses committed or triable in its county, and to present them to the circuit court by indictment. A grand jury is entitled to free access at all reasonable times to public prisons, and to the examination, without charge, of all public records in its county.

Source: SDC 1939 & Supp 1960, §§ 34.1215, 34.1223; SDCL, §§ 23-30-1, 23-30-6; SL 1978, ch 178, § 45.
S.D. Codified Laws § 23A-7-4 — SD Code / Title 23A / Chapter 7 / Section 23A-7-4
(Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere
Status: in_force

Before accepting a plea of guilty or nolo contendere a court must address the defendant personally in open court, subject to the exception stated in § 23A-7-5 , and inform him of, and determine that he understands, the following:

(1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law;

(2) If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceedings against him and, if necessary, one will be appointed to represent him;

(3) That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to assistance of counsel, the right to confront and cross - examine witnesses against him, and the right not to be compelled to incriminate himself;

(4) That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial, the right to confront and cross - examine witnesses against him, and the right not to be compelled to incriminate himself; and

(5) That if he pleads guilty or nolo contendere, the court may ask him questions about the offense to which he has pleaded, and if he answers these questions under oath, on the record, and in the presence of counsel, his answers may later be used against him in a prosecution for perjury.

Source: SL 1978, ch 178, § 94.
S.D. Codified Laws § 23A-33-4 — SD Code / Title 23A / Chapter 33 / Section 23A-33-4
(Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant
Status: in_force

A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a trial court or by the Supreme Court upon such terms as the court deems proper. A court may require a defendant pending appeal to deposit the whole or any part of his fine and costs with the clerk of the trial court, to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his assets.

Source: SL 1978, ch 178, § 409.
S.D. Codified Laws § 23A-38-2 — SD Code / Title 23A / Chapter 38 / Section 23A-38-2
(Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor
Status: in_force

Criminal contempt, except as provided in § 23A-38-1 , shall be prosecuted after notice is given to the defendant. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice may be given orally by a judge in open court in the presence of the defendant or, on application of a prosecuting attorney or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing on the contempt charge except with the defendant's consent. The defendant has a right to a jury trial. Upon a verdict or finding of guilt the court shall enter an order fixing the punishment. Contempt prosecuted under this section shall be punished as a Class 1 misdemeanor.

Source: SL 1978, ch 178, § 473; SL 1979, ch 159, § 28.
S.D. Codified Laws § 23-3-6 — SD Code / Title 23 / Chapter 3 / Section 23-3-6
Division of Criminal Investigation--Control by attorney general
Status: in_force

The Division of Criminal Investigation heretofore established by law shall continue under the superintendency and control of the attorney general as a division of his department. The records and equipment for such division heretofore transferred to or acquired by the attorney general shall be under the custody and control of the attorney general.

Source: SDC 1939, § 55.1601.
S.D. Codified Laws § 23-7-7.2 — SD Code / Title 23 / Chapter 7 / Section 23-7-7.2
Authority issuing permit--Liability limitation
Status: in_force

An authority that issued a permit to carry a concealed pistol in accordance with this chapter is not liable to any person or a person's estate for any injury suffered, including wrongful death, or for any damages, because the authority issued the permit.

Source: SL 1989, ch 210, § 2; SL 2015, ch 137, § 8; SL 2019, ch 113, § 8; SL 2023, ch 76, § 1.
S.D. Codified Laws § 23-24A-32 — SD Code / Title 23 / Chapter 24A / Section 23-24A-32
Enforcement and cooperation by state agencies and political subdivisions
Status: in_force

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

Source: SL 1972, ch 150, § 28.
S.D. Codified Laws § 23A-5-17 — SD Code / Title 23A / Chapter 5 / Section 23A-5-17
Disclosure by prosecuting attorney of evidence received by grand jury
Status: in_force

The prosecuting attorney may disclose evidence received before the grand jury or heard before the grand jury in the performance of his official duties.

Source: SL 1978, ch 178, § 54A.
S.D. Codified Laws § 23A-35A-9 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-9
Progress reports to issuing judge
Status: in_force

The order may require written reports to be made to the issuing judge at specified intervals showing the progress made toward achieving the authorized objective and the need for continued interception.

Source: SL 1980, ch 181, § 19.
S.D. Codified Laws § 23A-5-11 — SD Code / Title 23A / Chapter 5 / Section 23A-5-11
(Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other persons--Counsel advising witnesses
Status: in_force

Prosecuting attorneys may at all times appear before the grand jury for the purpose of giving information or advice or interrogating witnesses relative to any matter cognizable by it. Prosecuting attorneys, the witness under examination and his counsel, interpreters if needed, the victim under examination and the victim or witness assistant and, for the purpose of taking the evidence if authorized by the grand jury, a stenographer or operator of a recording device may be present when the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting. The role of counsel appearing with a witness shall be limited to advising the witness. The prosecuting attorney may not be present during the consideration of any charge against himself, except that the grand jury may summon him as a witness.

Source: SDC 1939 & Supp 1960, § 34.1222; SDCL, § 23-30-7; SL 1972, ch 147, § 1; SL 1978, ch 178, § 52; SL 1986, ch 193, § 2.
S.D. Codified Laws § 23A-14-27 — SD Code / Title 23A / Chapter 14 / Section 23A-14-27
Stay of subpoena until ruling on motion
Status: in_force

If a motion is made under § 23A-14-26 before the day on which the person subpoenaed has been ordered to appear, or books, records, or documents have been ordered to be produced, the appearance of such person, or the production of such documents, shall upon appropriate order, be stayed until the court has ruled on such motion.

Source: SL 1978, ch 178, § 201.
S.D. Codified Laws § 23-24-7 — SD Code / Title 23 / Chapter 24 / Section 23-24-7
Fugitive from another state who was absent therefrom at the time of the commission of the crime
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 charged in such other state in the manner provided in § 23-24-3 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.

Source: SDC 1939, § 34.1706; SL 1953, ch 200, § 6.
S.D. Codified Laws § 23A-35-6 — SD Code / Title 23A / Chapter 35 / Section 23A-35-6
(Rule 41(c)(2)(A)) Grounds for warrant on oral testimony--Verbatim contents of warrant--Signature of duplicate by requesting officer--Preparation of original by magistrate
Status: in_force

The grounds for issuance and the contents of a warrant issued pursuant to § 23A-35-5 shall be the same as are required by § 23A-35-4 . Prior to approval of a warrant issued pursuant to § 23A-35-5 , the committing magistrate shall require the law enforcement officer or the prosecuting attorney who is requesting the warrant to read to him verbatim the contents of the warrant. The magistrate may direct that specific modifications be made in the warrant. Upon approval, the magistrate shall direct the law enforcement officer or the prosecuting attorney who is requesting the warrant to sign the magistrate's name on the warrant. This warrant shall be called a duplicate original warrant and is a warrant for purposes of this chapter. In such cases, the magistrate shall have an original warrant made. The magistrate shall enter the exact time of issuance of the duplicate original warrant on the face of the original warrant.

Source: SL 1978, ch 178, § 443.
S.D. Codified Laws § 23-3-35.3 — SD Code / Title 23 / Chapter 3 / Section 23-3-35.3
Requirements for license as CVSA examiner
Status: in_force

A person may receive a license as a CVSA examiner if the person:

(1) Establishes that he or she is a person of good moral character;

(2) Has satisfactorily completed a sixty - hour course of study in the use of a computer voice stress analyzer in the detection of deception; and

(3) Submits an application to the Office of the Attorney General along with a nonrefundable twenty - five dollar license fee.

Source: SL 2003, ch 132, § 3.
S.D. Codified Laws § 23A-48-20 — SD Code / Title 23A / Chapter 48 / Section 23A-48-20
Reports to chief court services officer
Status: in_force

Within ten days following the end of the month, a supervising court services officer shall report to the chief court services officer for the judicial circuit the name of any probationer eligible for an award of earned discharge credit and whether an earned discharge credit was awarded for the previous month.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 6), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-7-8.3 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.3
Permit issued to specific person--Transfer prohibited
Status: in_force

A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.

Source: SL 1985, ch 190, § 13.
S.D. Codified Laws § 23A-27-18.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18.1
Imprisonment as condition of probation or suspension of sentence--Credit for time
Status: in_force

The conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to § 23A-27-18 , may include the requirement that the defendant be imprisoned in the county jail for no more than one hundred eighty days, except as otherwise specified in this section, or in a state correctional facility for no more than one hundred eighty days or the sentence which was imposed or which may be imposed by law, whichever is less. However, for persons sentenced pursuant to § 32-23-4.6 , the conditions of probation imposed pursuant to § 23A-27-12 or 23A-27-13 or the conditions of suspension of execution imposed pursuant to § 23A-27-18 , may include the requirement that the defendant be imprisoned in the county jail for a specific period not exceeding three hundred sixty-five days. The imprisonment may be further restricted to certain days specified by the court as part of such conditions. The required period of imprisonment for a county jail or state incarceration term should not exceed sixty consecutive days to ensure the court retains authority to impose additional days of imprisonment, if necessary, during the term of supervision pursuant to § 16-22-13 . The court retains jurisdiction to raise or lower the required period of imprisonment within the sentence otherwise allowed by law. Any such imprisonment, either in the county jail or state correctional facility, shall be credited toward any incarceration imposed upon any subsequent revocation of a suspended imposition or execution of sentence. During any such imprisonment the defendant shall be subject to all policies, rules, and regulations of the county jail or state correctional facility.

Source: SL 1979, ch 159, § 18; SL 1983, ch 185; SL 1984, ch 180, § 2; SL 1999, ch 122, § 1; SL 2013, ch 101, § 66; SL 2023, ch 82, § 26.
S.D. Codified Laws § 23A-35B-13 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-13
Test results not to be used in criminal prosecution--Confidentiality
Status: in_force

The results of the test may not be used as evidence in any criminal prosecution. All persons involved in carrying out the provisions of §§ 23A-35B-8 to 23A-35B-12 , inclusive, shall act in a manner that will protect the confidentiality of the petitioner and the person tested, including sealing relevant court records as provided in § 23A-35B-5 .

Source: SL 2012, ch 134, § 6.
S.D. Codified Laws § 23A-28-15 — SD Code / Title 23A / Chapter 28 / Section 23A-28-15
Support for minor child victim--Vehicular homicide of parent
Status: in_force

If a defendant is convicted of vehicular homicide pursuant to § 22-16-41 and the deceased victim of the offense was a parent of a minor child, the sentencing court may order the defendant to pay restitution to each of the victim's children until each child reaches age eighteen, or age nineteen if the child is a full-time student in a secondary school.

The court shall consider all relevant factors in determining a support amount that is reasonable and necessary for the maintenance of each child, including:

(1) The financial needs and resources of the child;

(2) The financial needs and resources of the surviving parent, or if no other parent is alive or capable of caring for the child, the guardian of the child, including the state if the state is the guardian;

(3) The standard of living to which the child is accustomed;

(4) The physical and emotional condition of the child;

(5) The child's educational needs;

(6) The child's physical and legal custody arrangements; and

(7) The reasonable work-related childcare expenses of the surviving parent or guardian.

Pursuant to § 23A-28-7 , a defendant ordered to pay support under this section shall make payments to the clerk of courts as trustee for remittance to the child's surviving parent or guardian. The child's surviving parent or guardian must expend the moneys for the benefit of the child. The clerk shall remit payment to the surviving parent or guardian within thirty business days of receipt by the clerk. The clerk shall deposit all payments no later than the next business day after receipt.

If a defendant ordered to pay support under this section is incarcerated and unable to pay the required support while incarcerated, the defendant has up to one year after release from incarceration to begin payment, including entering a payment plan to address any arrearage. If the defendant's support payments are set to terminate but the defendant's obligation is not paid in full, the support payments must continue until the entire arrearage is paid.

If a civil action is brought on behalf of a child against the defendant prior to a sentencing court ordering support payments as restitution under this section, and the child obtains a judgment in the civil action, the court may not order support under this section. If the sentencing court orders support under this section and the child later obtains a judgment in a civil action brought on behalf of the child, the court must offset the support order by the amount of the judgment awarded in the civil action pursuant to § 23A-28-9 .

Source: SL 2024, ch 93, § 1.
S.D. Codified Laws § 23A-39-5 — SD Code / Title 23A / Chapter 39 / Section 23A-39-5
Service of bench warrant
Status: in_force

The bench warrant issued pursuant to § 23A-39-4 may be served in any county, in the same manner as a warrant of arrest.

Source: SDC 1939 & Supp 1960, § 34.3702; SDCL, § 23-48-10; SL 1978, ch 178, § 489.
S.D. Codified Laws § 23A-50-9 — SD Code / Title 23A / Chapter 50 / Section 23A-50-9
Rules on team formation and procedures
Status: in_force

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding formation of a mental health response team and the procedures to be followed by the team.

Source: SL 2017, ch 109, § 24.
S.D. Codified Laws § 23A-5-13 — SD Code / Title 23A / Chapter 5 / Section 23A-5-13
Notice of rights to subject appearing before grand jury
Status: in_force

Before testifying or providing other evidence at any proceeding before a grand jury impaneled before a circuit court, the subject of the grand jury investigation shall be given adequate and reasonable notice of:

(1) His right to counsel as provided in § 23A-5-11 ;

(2) His privilege against self - incrimination;

(3) The fact that anything he says can and will be used against him in a court of law; and

(4) The fact that if he cannot afford an attorney, an attorney will be appointed by the court for him.

Source: SL 1978, ch 178, § 60.
S.D. Codified Laws § 23A-28B-40 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-40
Crime victims' compensation fund--Establishment--Purposes
Status: in_force

There is established within the state treasury the crime victims' compensation fund, into which shall be deposited surcharges collected pursuant to § 23A-28B-42 , deductions from prison industries revenues or inmate wages pursuant to subdivision 24-7-3 (1), contributions, grants, payments ordered by the court, interest received on moneys in the fund, and all other fees and moneys collected for the purposes of this chapter. This fund shall be used for the purposes of paying compensation awards and administering the crime victims' compensation program as provided for in this chapter. The fund may also be used as provided in § 23A-28B-40.1.

Source: SL 1991, ch 201, § 40; SL 1993, ch 183, § 1; SL 2020, ch 99, § 1.
S.D. Codified Laws § 23A-44-13 — SD Code / Title 23A / Chapter 44 / Section 23A-44-13
(Rule 51) Exceptions not required to preserve objection--Objection not required when no opportunity
Status: in_force

Exceptions to rulings or orders of a court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and the grounds therefor, but if a party has no opportunity to object to a ruling or order the absence of an objection does not thereafter prejudice him.

Source: Supreme Court Rule 414, 1939; SDC 1939 & Supp 1960, § 34.3902; SDCL, § 23-46-2; SL 1978, ch 178, § 546.
S.D. Codified Laws § 23A-35-9 — SD Code / Title 23A / Chapter 35 / Section 23A-35-9
Grounds for no-knock warrant--Powers of officer executing
Status: in_force

If a committing magistrate who has been asked to issue a search warrant is satisfied that there is probable cause to believe that if notice were given prior to its execution, the property sought in the case may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, he may include in the warrant a direction that the officer executing it is not required to give the notice required by § 23A-35-8 . In such case, the officer who executes the warrant may, without notice of his authority and purpose, enter any structure, portion of a structure or vehicle, or anything therein, by whatever means, including breaking therein.

Source: SL 1970, ch 229, § 11 (c) (2); SDCL Supp, § 39-17-125; SDCL, § 34-20B-66; SL 1978, ch 178, § 446.
S.D. Codified Laws § 23A-35A-8 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-8
Cooperation and technical assistance required of carriers, landlords, and others--Compensation
Status: in_force

Any order authorizing wiretapping or eavesdropping shall, upon the request of the applicant, direct that the common carrier, landlords, custodians, or other persons furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier is according the person whose communications are to be intercepted.

Any common carrier, or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates.

Source: SL 1980, ch 181, § 18.
S.D. Codified Laws § 23A-50-5 — SD Code / Title 23A / Chapter 50 / Section 23A-50-5
Fund for assisting counties with cost of court-ordered competency evaluations of defendants
Status: in_force

The Association of County Commissioners, formed pursuant to § 7-7-28 , may create and administer a fund for the purpose of assisting counties with the cost of competency evaluations for defendants for whom an evaluation has been ordered by the court. The Department of Social Services may contract with the association to reallocate funds used at the Human Services Center on contractual services for forensic evaluations to be administered through this fund. The fund may also receive and distribute money from any other source. The association board of directors shall provide procedures for the equitable distribution of money from this fund to the counties utilizing court-ordered competency evaluations and provide for the payment of an administrative fee and other reasonable expenses related to the administration of the fund. The association shall report to the Department of Social Services the amount distributed annually in total and by county and the number of competency evaluations completed with funds from the program. The liability of the association related to the administration of this fund shall be limited to the money as is available for such purposes in the fund.

Source: SL 2017, ch 109, § 15; SL 2023, ch 79, § 6.
S.D. Codified Laws § 23-24B-3.1 — SD Code / Title 23 / Chapter 24B / Section 23-24B-3.1
Extradition or prosecution of state charges against fugitive Indian
Status: in_force

If a criminal prosecution has been instituted under the laws of this state against a person demanded by a tribe for extradition, and the prosecution is still pending, the attorney general, in his discretion, may either commence extradition proceedings on tribal demand or hold him until he has been tried and discharged or convicted and punished in this state.

Source: SL 1978, ch 172, § 9.
S.D. Codified Laws § 23-3-39.6 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.6
Domestic abuse and mental health training for state's attorney or deputy state's attorney
Status: in_force

Each state's attorney or deputy state's attorney shall receive training on evidence-based practices, as defined in subdivision 16-22-1(7); mental health and available mental health services; and the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic abuse situations; availability of community resources; and protection of the victim. After initial training, each state's attorney or deputy state's attorney shall attend further training at least once every four years.

Source: SL 1994, ch 171, § 2; SL 2017, ch 92, § 7; SL 2017, ch 109, § 8.
S.D. Codified Laws § 23A-28A-12 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-12
Charges and costs of attorney general deducted from escrow account
Status: in_force

Notwithstanding the foregoing provisions of this chapter, the attorney general may deduct from the escrow account, a sum equal to the service charges for the account and the actual costs of publication incurred by the attorney general prior to any other distribution of moneys or other property.

Source: SL 1982, ch 184, § 10.
S.D. Codified Laws § 23A-28B-43 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-43
Collection of compensation surcharge--Disbursement
Status: in_force

The clerk of courts of each county shall collect any surcharge levied under § 23A-28B-42 and shall transmit the collected surcharges within thirty days to the state treasurer who shall place the money received in the crime victims' compensation fund. For administration of surcharge collection, the Unified Judicial System shall receive one and one half percent of the surcharge funds collected, to be deposited in the court automation fund. The department shall receive thirteen and one half percent of surcharge funds collected for costs associated with administering claims and for providing administrative services to the commission. Any expenditures authorized from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the department.

Source: SL 1991, ch 201, § 43; SL 2018, ch 145, § 7.
S.D. Codified Laws § 23A-43-31 — SD Code / Title 23A / Chapter 43 / Section 23A-43-31
Failure to appear after release as forfeiture of security--Felony or misdemeanor
Status: in_force

Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall:

(1) If such person was released in connection with a charge of a felony, an alleged felony violation of § 32-23-1 , or fails to report for a jail or state correctional facility sentence for any offense, be guilty of a Class 6 felony;

(2) If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or

(3) If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor.

Source: SL 1976, ch 158, § 43-2; SDCL Supp, §§ 23-26-14 to 23-26-16; SL 1978, ch 178, § 533; SL 1994, ch 182; SL 1998, ch 153, § 1; SL 2006, ch 130, § 7; SL 2023, ch 82, § 49.
S.D. Codified Laws § 23A-28A-5 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-5
Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment
Status: in_force

If a victim or legal representative of any victim of crimes committed by such convicted person fails to bring a civil action after four years from the date of legal publication, any governmental entity incurring the cost of prosecuting and convicting the accused, or incurring the cost of the convicted person's imprisonment has one year in which to bring a civil action in a court of competent jurisdiction and recover money judgment for damages against such person or his representatives, to be paid or satisfied from the escrow account.

Source: SL 1982, ch 184, § 4.
S.D. Codified Laws § 23A-13-13 — SD Code / Title 23A / Chapter 13 / Section 23A-13-13
Results of examinations and scientific tests discoverable by prosecution
Status: in_force

If the defendant requests disclosure under § 23A-13-3 or 23A-13-4 , upon compliance with such request by the prosecuting attorney, the defendant, on written request of the prosecuting attorney, shall permit the prosecuting attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant, which the defendant intends to introduce as evidence in chief at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to his testimony.

Source: SL 1978, ch 178, § 152.
S.D. Codified Laws § 23A-3-2.1 — SD Code / Title 23A / Chapter 3 / Section 23A-3-2.1
Circumstances permitting warrantless arrests
Status: in_force

Unless the provisions of § 22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, any person, without a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe that:

(1) An order has been issued under chapter 25-10 protecting the victim and the terms of the order prohibiting acts or threats of abuse or excluding the person from a residence have been violated; or

(2) An order has been issued under chapter 22-19A protecting the victim and the terms of the order prohibiting acts of stalking or physical injury have been violated; or

(3) The person is eighteen years or older and within the preceding forty-eight hours has assaulted a person in a relationship as defined in § 25-10-3.1 ;

Source: SL 1989, ch 207, § 1; SL 1996, ch 153; SL 1998, ch 146, § 1; SL 2001, ch 119, § 1; SL 2006, ch 134, § 1; SL 2015, ch 139, § 1.
S.D. Codified Laws § 23A-44-4 — SD Code / Title 23A / Chapter 44 / Section 23A-44-4
Discharge of defendant and release of bail on dismissal of charges
Status: in_force

If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him.

Source: SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-5; SL 1978, ch 178, § 537.
S.D. Codified Laws § 23A-28-14 — SD Code / Title 23A / Chapter 28 / Section 23A-28-14
Release of certain information to victims of delinquent act of juvenile
Status: in_force

Upon written request of the victim of any act of juvenile delinquency, the prosecuting attorney shall provide the name and address of any child adjudicated to have committed the delinquent act and the name and address of the child's parents, guardian, or custodian.

The term, victim, means a person who is defined as a victim in subdivision 22-1-2(53) or in § 23A-28C-4 , or, if the victim is a child, the victim's parents, guardian, or custodian.

Upon further written application and demonstration of need, the court may, in its discretion, order specified additional information to be disclosed to the victim.

Source: SL 1995, ch 136.
S.D. Codified Laws § 23A-27A-26.6 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26.6
Applicability of §§23A-27A-26.1to23A-27A-26.7, inclusive
Status: in_force

The provisions of §§ 23A-27A-26.1 to 23A-27A-26.7 , inclusive, apply only to offenses alleged to have been committed by the defendant after July 1, 2000.

Source: SL 2000, ch 112, § 6.
S.D. Codified Laws § 23A-3-13 — SD Code / Title 23A / Chapter 3 / Section 23A-3-13
District of Columbia treated as state
Status: in_force

For the purposes of §§ 23A-3-9 to 23A-3-15 , inclusive, the word "state" shall include the District of Columbia.

Source: SL 1939, ch 139, § 4; SDC Supp 1960, § 34.16B04; SDCL, § 23-23-3; SL 1978, ch 178, § 26.
S.D. Codified Laws § 23A-12-10 — SD Code / Title 23A / Chapter 12 / Section 23A-12-10
Hearing to record testimony as to additional evidence
Status: in_force

Upon timely receipt of a notice that additional evidence has been newly discovered and for good cause shown, the court may order an additional hearing to record the victim's testimony relevant to the newly discovered evidence on video.

Source: SL 1983, ch 184, § 2; SL 2022, ch 72, § 2.
S.D. Codified Laws § 23-24-34 — SD Code / Title 23 / Chapter 24 / Section 23-24-34
No immunity as to prosecution for other crimes
Status: in_force

After a person has been brought back to this state by, or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.

Source: SDC 1939, § 34.1725; SL 1953, ch 200, § 27; SDC Supp 1960, § 34.1726.
S.D. Codified Laws § 23A-50-1 — SD Code / Title 23A / Chapter 50 / Section 23A-50-1
Definitions
Status: in_force

Terms used in this chapter and § 23A-46-1 mean:

(1) "Mental health response team," a support team tasked with finding viable community resources to help persons with severe mental illness involved in the court system;

(2) "Psychiatric certification," a credential obtained by passing the psychiatric-mental health nursing board certification through the American Nurses Credentialing Center; and

(3) "Telehealth," a mode of delivering healthcare services that utilizes information and communication technologies to enable the diagnosis, consultation, treatment, education, care management, and self-management of patients at a distance from health care providers.

Source: SL 2017, ch 109, § 1; SL 2023, ch 79, § 2.
S.D. Codified Laws § 23-5A-13 — SD Code / Title 23 / Chapter 5A / Section 23-5A-13
Reasonable force allowed in collection of DNA sample--Immunity from liability
Status: in_force

Duly authorized law enforcement and corrections personnel may employ reasonable force in cases if an individual refuses to provide a DNA sample required under this chapter. No such employee may be held civilly or criminally liable for the use of such reasonable force.

Source: SL 2003, ch 133, § 13.
S.D. Codified Laws § 23A-9-1 — SD Code / Title 23A / Chapter 9 / Section 23A-9-1
(Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents
Status: in_force

Within the time specified in § 23A-8-4 for pretrial motions, upon written demand of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, a defendant shall serve within ten days, or at such different time as the court may direct, upon the prosecuting attorney a written notice of his intention to offer a defense of alibi. The notice shall state the specific place or places where the defendant claims he was at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.

Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, § 34.2801; SDCL, § 23-37-5; SL 1974, ch 168, § 1; SL 1978, ch 178, § 117.
S.D. Codified Laws § 23-7-68 — SD Code / Title 23 / Chapter 7 / Section 23-7-68
National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders
Status: in_force

Law enforcement may periodically perform a National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders for the purposes of determining whether the permit holder remains eligible for the permit under § 23-7-7.1 , 18 U.S.C. 922(g) as amended to October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.

Source: SL 2016, ch 132, § 15, eff. Jan. 1, 2017.
S.D. Codified Laws § 23-1A-15 — SD Code / Title 23 / Chapter 1A / Section 23-1A-15
Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment
Status: in_force

If a defendant files a stipulation and deposit pursuant to § 23-1A-12 or makes a deposit pursuant to § 23-1A-13 he need not appear in court. In such instances, the clerk shall record on the court appearance date, a judgment in favor of the plaintiff and enter the deposit as payment of the judgment.

Source: SL 1977, ch 193, § 13.
S.D. Codified Laws § 23A-48-15 — SD Code / Title 23A / Chapter 48 / Section 23A-48-15
Earned discharge policy established
Status: in_force

Pursuant to the South Dakota Public Safety Improvement Act the Supreme Court establishes the following criteria and procedure for awarding earned credits for discharge from probation.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 1), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-6-26 — SD Code / Title 23A / Chapter 6 / Section 23A-6-26
(Rule 9(a)) Warrant or summons on indictment--Delivery for execution--Warrant on defendant's failure to respond to summons
Status: in_force

Upon request of a prosecuting attorney, a circuit court judge, in the case of a felony, and a magistrate judge, in the case of a misdemeanor or at the direction of the presiding judge of the circuit in the case of a felony, may issue a warrant for each defendant named in an indictment. A circuit court judge, or magistrate judge in an appropriate case, may issue a summons instead of a warrant upon the request of a prosecuting attorney. Upon like request or direction a court may issue more than one warrant or summons for the same defendant. The warrant or summons shall be delivered to a law enforcement officer or other person authorized by law to execute or serve it. If a defendant fails to appear in response to a summons, a warrant shall be issued.

Source: SDC 1939 & Supp 1960, § 34.1235; SDCL, § 23-31-9; SL 1978, ch 178, § 85; SL 1999, ch 121, § 2.
S.D. Codified Laws § 23A-27-5 — SD Code / Title 23A / Chapter 27 / Section 23A-27-5
(Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted
Status: in_force

A presentence investigation may be ordered in the discretion of a court. The court services officer of a court shall make a presentence investigation and report to the court before the imposition of sentence or the granting of probation unless, with the permission of the court, the defendant waives a presentence investigation and report, or the court finds there is in the record information sufficient to enable the meaningful exercise of sentencing discretion, and the court explains this finding on the record.

The report shall not be submitted to a court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the written consent of the defendant, inspect a presentence report at any time.

Source: SDC 1939, § 34.3704 as added by SL 1966, ch 120; SDCL, §§ 23-48-17, 23-48-18; SL 1977, ch 198, §§ 7, 8; SL 1978, ch 178, § 337; SL 1982, ch 28, § 20.
S.D. Codified Laws § 23-6-2 — SD Code / Title 23 / Chapter 6 / Section 23-6-2
Attorney general as director of bureau--Seal--No salary
Status: in_force

The bureau shall function through a director. The attorney general shall, by virtue of his office, be the director. The director shall have a seal of office in such form as he shall prescribe. The attorney general shall not receive a salary as such director.

Source: SL 1939, ch 138, § 2; SDC Supp 1960, § 55.15A02.
S.D. Codified Laws § 23-3-46 — SD Code / Title 23 / Chapter 3 / Section 23-3-46
Division of Criminal Investigation to administer programs--Personnel
Status: in_force

The Division of Criminal Investigation, Office of Attorney General, is hereby designated as the agency in state government to coordinate and administer all programs under §§ 23-3-26 to 23-3-47 , inclusive, and §§ 34-45-22 to 34-45-32 , inclusive.

Selection and payment of personnel to implement training and other programs authorized by these sections is the responsibility of the Division of Criminal Investigation, from the 911 telecommunicator training fund.

Source: SL 1970, ch 145, § 8; SL 1998, ch 142, § 14.
S.D. Codified Laws § 23-3-5 — SD Code / Title 23 / Chapter 3 / Section 23-3-5
Duties of state's attorney in criminal matters unaffected by authority of attorney general
Status: in_force

Nothing contained in § 23-3-3 or 23-3-4 , however, shall relieve the state's attorneys from any duty now enjoined upon them by law nor relieve them from the duty of assisting state officials in conduct of criminal proceedings in their respective counties.

Source: SDC 1939 & Supp 1960, § 34.0403.
S.D. Codified Laws § 23A-28-13 — SD Code / Title 23A / Chapter 28 / Section 23A-28-13
Unlawful taking of money from store or mercantile establishment
Status: in_force

Any adult or emancipated minor as defined in § 25-5-24 or the parents or guardian of any unemancipated minor, or any employee of any store or mercantile establishment who takes possession of any money belonging to the store or other mercantile establishment without the consent of the owner and with the intention of converting the money to the person's own use is liable to the owner for the amount taken. In addition, the merchant is entitled to the amount of money taken, or fifty dollars, whichever is greater, and attorney fees and costs.

Source: SL 1994, ch 179, § 2.
S.D. Codified Laws § 23-24A-2 — SD Code / Title 23 / Chapter 24A / Section 23-24A-2
Definition of terms
Status: in_force

Terms as used in this agreement mean:

(1) "Appropriate court," with reference to the courts of this state, any court with criminal jurisdiction in the matter involved;

(2) "Detainer," any written instrument lodged by an appropriate prosecuting authority having a lawful basis therefor against a prisoner to make disposition of an extraditable offense upon his release from present custody;

(3) "Receiving state," the state in which trial is to be had on an indictment, information, or complaint pursuant to §§ 23-24A-3 to 23-24A-14 , inclusive;

(4) "Sending state," a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to § 23-24A-3 or at the time that a request for custody or availability is initiated pursuant to § 23-24A-12 ;

(5) "State," a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the commonwealth of Puerto Rico.

Source: SL 1972, ch 150, § 2.
S.D. Codified Laws § 23A-46-7 — SD Code / Title 23A / Chapter 46 / Section 23A-46-7
Hearing on discharge of person--Time for requesting
Status: in_force

Regardless of whether the director of the facility in which a person is hospitalized has filed a certificate as provided in this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, counsel for the person or his guardian may, at any time during such person's hospitalization, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred eighty days of a court determination that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the prosecuting attorney.

Source: SL 1985, ch 192, § 36; SL 1993, ch 213, § 110.
S.D. Codified Laws § 23A-35B-10 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-10
Convicted person to pay cost of testing
Status: in_force

The court shall order the convicted person to pay the cost of the testing. The cost shall be treated as any other court cost or fine under chapter 23A-27 . If the person tested is an inmate under the jurisdiction of the Department of Corrections, the cost of testing shall be taken from the person's inmate account pursuant to § 24-2-29 .

Source: SL 2012, ch 134, § 3.
S.D. Codified Laws § 23-3-45 — SD Code / Title 23 / Chapter 3 / Section 23-3-45
Exemption of officers already serving
Status: in_force

Law enforcement officers, elected or appointed, who are already serving on July 1, 1970, shall not be required to meet any requirement of §§ 23-3-41 and 23-3-42 as a condition of tenure or continued employment. The Legislature finds, and it is hereby declared to be the policy of §§ 23-3-26 to 23-3-47 , inclusive, that such law enforcement officers have satisfied such requirements by their experience.

Source: SL 1970, ch 145, § 5 (a).
S.D. Codified Laws § 23-24-38 — SD Code / Title 23 / Chapter 24 / Section 23-24-38
Severability of provisions
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

Source: SL 1953, ch 200, § 29; SDC Supp 1960, § 34.1728.
S.D. Codified Laws § 23-3-29 — SD Code / Title 23 / Chapter 3 / Section 23-3-29
Death, resignation, or incapacity of commission member--Appointment of successor
Status: in_force

In the event of death, resignation, or other disability, which shall result in any appointee under § 23-3-28 being removed from that capacity in which he was appointed to such commission, his membership on such commission shall immediately terminate and the attorney general shall appoint a qualified successor to complete such term of office.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL, § 23-3-21; SL 1970, ch 145, § 3 (a).
S.D. Codified Laws § 23A-32-6 — SD Code / Title 23A / Chapter 32 / Section 23A-32-6
Time for appeal by prosecution
Status: in_force

An appeal under § 23A-32-4 or 23A-32-5 must be taken within ten days after written notice of entry of the judgment or order.

Source: SL 1978, ch 178, § 404; SL 1979, ch 159, § 25.
S.D. Codified Laws § 23A-27A-44 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-44
Effect of amendment and repeal of sections
Status: in_force

As to any defendant who has been sentenced to death and who is awaiting execution prior to July 1, 2008, the amendment and repeal of existing sections and enactment of new sections in this chapter do not impair or affect any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to July 1, 2008. However, the provisions of existing statute may be asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if the amendment and repeal of existing sections and enactment of new sections in this chapter had not been subsequently enacted.

Source: SL 2008, ch 117, § 42.
S.D. Codified Laws § 23A-25-5 — SD Code / Title 23A / Chapter 25 / Section 23A-25-5
Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict
Status: in_force

Before the jurors retire for deliberation, one or more officers shall be sworn to keep the jurors together in some private and convenient place, with such suitable food and drink as the court shall direct. The court may, in its discretion, either sequester the jurors during the adjournment of court overnight, under supervision of such officers, or allow the jurors to separate overnight during the adjournment of the court without supervision after proper admonishment. While supervising the jurors, the officers may not permit any person (including themselves) to communicate with the jurors or to ask whether the jurors have agreed upon a verdict except by order of court. The officers shall return the jurors into court when the jury has agreed upon a verdict.

Source: SDC 1939, § 34.3652; SL 1955, ch 130; SDCL, § 23-43-46; SL 1978, ch 178, § 312; SL 2003, ch 135, § 1.
S.D. Codified Laws § 23A-27-13.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-13.1
Copy of suspension order forwarded to criminal investigation division
Status: in_force

Within fifteen days of the filing of a written order suspending imposition of sentence pursuant to § 23A-27-13 the court shall forward a nonpublic record of the sentence to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 which shall be retained until discharged pursuant to § 23A-27-14 .

Source: SL 1983, ch 186.
S.D. Codified Laws § 23A-3-11 — SD Code / Title 23A / Chapter 3 / Section 23A-3-11
Other powers of arrest unimpaired by fresh pursuit authority
Status: in_force

Neither § 23A-3-9 nor 23A-3-10 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

Source: SL 1939, ch 139, §§ 1, 3; SDC Supp 1960, §§ 34.16B01, 34.16B03; SDCL, § 23-23-4; SL 1978, ch 178, § 25.
S.D. Codified Laws § 23-14-9.1 — SD Code / Title 23 / Chapter 14 / Section 23-14-9.1
Autopsy ordered by state's attorney, sheriff, or coroner
Status: in_force

If a state's attorney or a sheriff or a coroner has reason to believe that a deceased person may have died in his or her jurisdiction by unlawful means, the state's attorney, sheriff, or coroner may order and direct a physician or surgeon to perform an autopsy. If in the public interest, the county coroner may order an autopsy on those deaths falling within the county coroner's jurisdiction mentioned in subdivisions 23-14-18(1) to (5), inclusive.

Source: SL 1951, ch 188, § 1; SDC Supp 1960, § 34.1015; SL 1961, ch 184, § 1; SL 1967, ch 103, § 2; SDCL § 23-13-8 ; SL 1978, ch 171, § 11; SL 1985, ch 191, § 4; SL 2009, ch 123, § 1.
S.D. Codified Laws § 23A-51-8 — SD Code / Title 23A / Chapter 51 / Section 23A-51-8
Office of Indigent Legal Services--Duties
Status: in_force

The Office of Indigent Legal Services shall provide statewide indigent representation services in direct appeals in criminal cases, habeas corpus appeals, and abuse or neglect of a child appeal cases. The office may expand its scope of indigent representation services to include additional case types as approved by the commission. The office shall determine the method of delivering indigent representation services by utilizing public defenders, private appointed attorneys, or a combination of both. The office may contract with private appointed attorneys to deliver indigent representation and shall provide oversight and review of any contracted attorneys.

Source: SL 2024, ch 95, § 8, eff. Mar. 18, 2024.
S.D. Codified Laws § 23-3-39.3 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.3
Fee for person not employed as officer for training program
Status: in_force

The Law Enforcement Officers Standards Commission may establish by rule a fee to be paid by those residents admitted to a training program under § 23-3-39.2 . The fee shall be reasonably related to the cost the State of South Dakota incurs in providing the training to the trainee.

Source: SL 1983, ch 181, § 2.
S.D. Codified Laws § 23-5-2 — SD Code / Title 23 / Chapter 5 / Section 23-5-2
Cooperation of attorney general with law enforcement officers to establish complete state system
Status: in_force

The attorney general shall also cooperate with, and assist sheriffs, chiefs of police, and other law enforcement officers to the end that a complete state system of criminal identification, investigation, and statistical information may be established.

Source: SDC 1939, § 55.1606; SL 1966, ch 161, § 5.
S.D. Codified Laws § 23A-27-51 — SD Code / Title 23A / Chapter 27 / Section 23A-27-51
Procedure for delayed appeal where applicant unconstitutionally denied right of appeal
Status: in_force

If the court finds that an applicant was denied the right to an appeal from an original conviction in violation of the Constitution of the United States or the Constitution of South Dakota, the court shall issue a new judgment and impose the same sentence if such relief is requested within a reasonable time and an adequate record of the original trial proceeding is available for review. The court shall advise the applicant of the following:

(1) The rights associated with an appeal from a criminal conviction; and

(2) The time for filing a notice of appeal from the reimposed judgment and sentence.

Source: SL 2010, ch 131, § 1.
S.D. Codified Laws § 23A-28C-10 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-10
Statewide automated victim information and notification system
Status: in_force

The Office of the Attorney General shall oversee the establishment of a statewide automated victim information and notification (SAVIN) system within the criminal justice system and shall serve as the coordinating agency for the development, implementation and maintenance of any such system. All agencies within the state shall cooperate with the Office of the Attorney General in order to establish the SAVIN system, undergo any required training, and report into the system as required. The Office of the Attorney General shall establish guidelines by rules promulgated pursuant to chapter 1-26 and in accordance with the provisions of § 23A-28C-2 , to ensure any victim is properly notified of the SAVIN system and advised as to how the victim may gain access.

Source: SL 2013, ch 101, § 76, eff. July 1, 2014.
S.D. Codified Laws § 23A-10A-4.1 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-4.1
Recovery of defendant--Certificate--Discharge pending hearing--Notice--Hearing
Status: in_force

If the director of the facility under which the defendant is being treated in accordance with § 23A-10A-4 determines that the defendant has recovered to an extent that the defendant is able to understand the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the director shall promptly file a certificate to that effect with the clerk of the court that ordered the placement or commitment, and the defendant shall be discharged from the facility where the defendant is hospitalized, if applicable. Upon discharge, the defendant is subject to the provisions of chapter 23A-43 .

The court shall send a copy of the certificate to the defendant's counsel and to the prosecuting attorney. The court shall hold a hearing, conducted under the provisions of § 23A-46-3 , to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to an extent that the defendant is capable of understanding the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the court shall set the date for trial. If, after the hearing, the court does not find by a preponderance of the evidence that the defendant has recovered to an extent that the defendant is capable of understanding the nature and consequences of the proceedings against the defendant and to assist properly in the defense, the court shall order the defendant to be placed in a restoration to competency program under the direction of an approved facility, in an approved facility, or on outpatient status for restoration to competency if the court makes a written finding that the defendant is not considered to be a danger to the health and safety of others and is otherwise eligible for bond for a term consistent with this section and §§ 23A-10A-14 and 23A-10A-15 .

Source: SL 1985, ch 192, § 40; SL 1991, ch 199, § 6; SL 2020, ch 97, § 2; SL 2023, ch 78, § 1.
S.D. Codified Laws § 23-3-12 — SD Code / Title 23 / Chapter 3 / Section 23-3-12
Duty of division to prevent and detect violations
Status: in_force

It shall be the duty of the Division of Criminal Investigation to prevent and detect violations of the laws of the state.

Source: SDC 1939, § 55.1603 (1).
S.D. Codified Laws § 23A-35A-27 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-27
Contents of ex parte order authorizing use of pen register or trap and trace device
Status: in_force

An order issued under § 23A-35A-26 :

(1) Shall specify the identity, if known, of the person whose name is listed on the telephone line or electronic communication device that the pen register or trap and trace device is to be attached; the identity, if known, of the person who is the subject of the criminal investigation; the number and, if known, the physical location of the telephone line or electronic communication device that the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and a statement of the offense the information likely to be obtained by the pen register or trap and trace device relates to; and

(2) Shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under §§ 23A-35A-30 to 23A-35A-33 , inclusive.

Source: SL 1988, ch 194, § 7; SL 2017, ch 108, § 19.
S.D. Codified Laws § 23A-7-16 — SD Code / Title 23A / Chapter 7 / Section 23A-7-16
Guilty but mentally ill plea--Prerequisites to acceptance
Status: in_force

In addition to the requirements of §§ 23A-7-4 and 23A-7-5 , if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined the reports. The court shall hold a hearing on the defendant's mental condition and, if there is a factual basis on which the court can conclude that the defendant was mentally ill at the time of the offense, the plea shall be accepted.

Source: SL 1983, ch 174, § 6; SL 2016, ch 135, § 1.
S.D. Codified Laws § 23A-35A-18 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-18
Interception of communications relating to offenses other than specified in order--Use of contents
Status: in_force

If an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized by this chapter, intercepts wire, electronic, or oral communications relating to offenses not specified in the order of authorization or approval, the contents of the communication, and evidence derived from the communication, may be disclosed or used as provided in §§ 23A-35A-15 and 23A-35A-16 . The contents and any evidence derived from the contents may be used under § 23A-35A-17 if authorized or approved by a circuit court judge where the judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this chapter.

Source: SL 1969, ch 158, § 5 (5); SDCL Supp, § 23-13A-9; SL 1980, ch 181, § 7; SL 2017, ch 108, § 14.
S.D. Codified Laws § 23-1A-13 — SD Code / Title 23 / Chapter 1A / Section 23-1A-13
Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture
Status: in_force

A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either:

(1) In the law enforcement officer's presence, mailing a deposit to the office of the clerk of courts; or

(2) In the company of the officer, going to the office of the clerk of courts and personally making a deposit.

The issuing officer shall notify the alleged violator, in writing, and obtain a receipt therefor, that if he fails to appear in court at the time fixed in the summons, he will be deemed to have tendered an admission to the allegations contained in the complaint and an agreement to a forfeiture not to exceed the amount of the deposit, which the court will accept.

Source: SL 1977, ch 193, § 11.
S.D. Codified Laws § 23-24-11 — SD Code / Title 23 / Chapter 24 / Section 23-24-11
Rights of accused person before delivery to agent for extradition--Violation as misdemeanor
Status: in_force

No person arrested on a Governor's warrant shall be delivered to the agent appointed to receive him until he has been first taken to a judge of the circuit court in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in intentional disobedience of this section is guilty of a Class 2 misdemeanor.

Source: SDC 1939, §§ 34.1710, 34.9907; SL 1953, ch 200, §§ 10, 11; SDC Supp 1960, § 34.9908; SL 1979, ch 150, § 30.
S.D. Codified Laws § 23A-51-11 — SD Code / Title 23A / Chapter 51 / Section 23A-51-11
Chief defender--Authority
Status: in_force

The chief defender may:

(1) Hire or contract for attorney, professional, technical, and support personnel;

(2) Establish an administrative office within the Office of Indigent Legal Services;

(3) Exercise supervisory authority over all employees of the office;

(4) Assist the commission in the development of standards related to indigent representation services;

(5) Monitor, evaluate, and enforce compliance with standards adopted by the commission;

(6) Develop strategic plans, and conduct research and studies, to inform the objectives of the commission;

(7) Develop strategic plans to expand the office's scope of providing indigent representation to include additional case types;

(8) Establish branch public defender offices;

(9) Provide training and support to indigent defense attorneys statewide; and

(10) Perform other duties as may be prescribed by the commission.

Source: SL 2024, ch 95, § 11, eff. Mar. 18, 2024.
S.D. Codified Laws § 23-7-9 — SD Code / Title 23 / Chapter 7 / Section 23-7-9
Pistol to be delivered wrapped and unloaded--Violation as misdemeanor
Status: in_force

Any pistol that is delivered shall be securely wrapped and shall be unloaded. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 21.0109, 21.9901; SDCL § 23-7-24 ; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18; SL 1985, ch 190, § 15; SL 2005, ch 122, § 1; SL 2009, ch 122, § 1; SL 2019, ch 113, § 13.
S.D. Codified Laws § 23A-3-3 — SD Code / Title 23A / Chapter 3 / Section 23A-3-3
Citizen's arrest
Status: in_force

Any person may arrest another:

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

(2) For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.

Source: SDC 1939 & Supp 1960, § 34.1608; SDCL, § 23-22-14; SL 1978, ch 178, § 16.
S.D. Codified Laws § 23A-28C-1.2 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-1.2
Electronic notification and SAVIN system defined
Status: in_force

For the purposes of this chapter, the term, electronic notification, means any telephonic, electronic mail, text messaging, and facsimile transmittal notification or any notification as produced by the statewide automated victim information notification system as established pursuant to § 23A-28C-10 . For purposes of this chapter, the term, SAVIN system, means the statewide automated victim information and notification system.

Source: SL 2014, ch 116, § 2; SL 2017, ch 107, § 1.
S.D. Codified Laws § 23A-35-4.1 — SD Code / Title 23A / Chapter 35 / Section 23A-35-4.1
Filing of affidavit--Sealing of affidavit
Status: in_force

If not filed earlier, any affidavit in support of a search warrant shall be filed with the court when the warrant and inventory are returned. Upon filing the warrant and supporting documents, the law enforcement officer may apply by separate affidavit to the court to seal the supporting affidavit from public inspection or disclosure. The court, for reasonable cause shown, may order the contents of the affidavit sealed from public inspection or disclosure but may not prohibit disclosure that a supporting affidavit was filed, the contents of the warrant, the return of the warrant, nor the inventory. The court may order that the supporting affidavit be sealed until the investigation is terminated or an indictment or information is filed. In cases of alleged rape, incest, or sexual contact, if the victim is a minor, the court may limit access to an affidavit pursuant to § 23A-6-22.1 . However, a court order sealing a supporting affidavit may not affect the right of any defendant to discover the contents of the affidavit under chapter 23A-13 .

Source: SL 1987, ch 180; SL 2011, ch 124, § 2.
S.D. Codified Laws § 23A-36-4 — SD Code / Title 23A / Chapter 36 / Section 23A-36-4
Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant
Status: in_force

At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall afford any person in possession of the matter sought to be seized or claiming ownership of or interest in the matter an opportunity to be heard as to the obscenity or nonobscenity of the matter. At the close of the hearing, the magistrate shall make a determination of whether probable cause exists to believe that the matter is obscene or nonobscene and shall determine if probable cause exists for the immediate issuance of a search warrant for its seizure.

Source: SL 1974, ch 165, § 11; SDCL Supp, § 22-24-43; SL 1978, ch 178, § 455.
S.D. Codified Laws § 23A-6-29 — SD Code / Title 23A / Chapter 6 / Section 23A-6-29
(Rule 9(c)(1)) Execution or service of warrant or summons--Arrested person brought before court
Status: in_force

A warrant shall be executed or a summons served as provided in §§ 23A-2-7 to 23A-2-11 , inclusive. The officer executing a warrant shall bring the arrested person promptly before the court for the purpose of admission to bail.

Source: SDC 1939 & Supp 1960, § 34.1231; SDCL, § 23-31-15; SL 1978, ch 178, § 88.
S.D. Codified Laws § 23A-19-6 — SD Code / Title 23A / Chapter 19 / Section 23A-19-6
Objection to challenge--Entry and trial
Status: in_force

An objection to a challenge need not be in writing, but must be entered upon the court minutes and thereupon the court must try the challenge.

Source: SDC 1939 & Supp 1960, § 34.3613; SDCL, § 23-43-15; SL 1978, ch 178, § 267.
S.D. Codified Laws § 23A-32-21 — SD Code / Title 23A / Chapter 32 / Section 23A-32-21
Continuation by personal representative of pending appeal--Substitution--Time limits
Status: in_force

The personal representative of a deceased defendant, if substituted as a party, may continue a pending appeal on behalf of the deceased defendant to the extent that the claim is not extinguished by the death. The personal representative of the defendant's estate may make a motion for substitution, together with a notice of hearing, and shall serve the same on the prosecuting attorney and the attorney general within sixty days of the defendant's death. The court may dismiss any appeal of a deceased defendant in which a motion for substitution, together with notice of hearing and proof of service has not been filed with the clerk of the Supreme Court within sixty days of the defendant's death.

Source: SL 2008, ch 116, § 4.
S.D. Codified Laws § 23-3-51 — SD Code / Title 23 / Chapter 3 / Section 23-3-51
Law enforcement officers training fund created
Status: in_force

There is hereby created in the Office of the State Treasurer a law enforcement officers training fund.

Source: SL 1977, ch 194, § 1.
S.D. Codified Laws § 23A-14-19 — SD Code / Title 23A / Chapter 14 / Section 23A-14-19
Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody
Status: in_force

A circuit judge or a magistrate judge may issue a certificate under the seal of his court stating that a person in another state is a material witness in a prosecution pending in a court presided over by a circuit court judge or magistrate judge or in a grand jury investigation which has commenced or is about to commence in this state, if that state has made provisions in its laws for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the jurisdiction in which the witness is found.

Source: SDC 1939 & Supp 1960, § 34.2503; SDCL, § 23-40-19; SL 1978, ch 178, § 191.
S.D. Codified Laws § 23A-43-30 — SD Code / Title 23A / Chapter 43 / Section 23A-43-30
(Rule 46(g)) Court supervision to eliminate unnecessary detention
Status: in_force

A court shall exercise supervision over the detention of defendants and witnesses pending trial for the purpose of eliminating all unnecessary detention.

Source: SL 1978, ch 178, § 531.
S.D. Codified Laws § 23-24A-29 — SD Code / Title 23 / Chapter 24A / Section 23-24A-29
Habitual offenders law not covered
Status: in_force

Nothing in this chapter or in the agreement on detainers shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.

Source: SL 1972, ch 150, § 29.
S.D. Codified Laws § 23-3-43.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-43.1
Certification of qualification of candidate for county sheriff
Status: in_force

Any candidate for election to the office of county sheriff shall file with the county auditor by the last Tuesday of March of the election year a certification of qualification issued by the law enforcement officers standards commission that the candidate meets the qualifications provided in § 23-3-43 . However, any candidate appointed to fill a vacancy by a party central committee pursuant to § 12-6-56 shall file with the county auditor a certification of qualification by the second Tuesday in August. Any candidate who files an independent nominating petition shall file with the county auditor a certification of qualification by the first Tuesday after the first Monday of June. A sheriff appointed to fill a vacancy by the county commission shall file with the county auditor a certification of qualification within thirty days of the appointment. Failure to file a certification shall prevent the candidate's name from being placed on the ballot.

Source: SL 1992, ch 169, § 2; SL 2002, ch 74, § 6; SL 2005, ch 87, § 6; SL 2009, ch 69, § 1; SL 2015, ch 77, § 11 rejected Nov. 8, 2016.
S.D. Codified Laws § 23A-20-25 — SD Code / Title 23A / Chapter 20 / Section 23A-20-25
Alternating peremptory challenges
Status: in_force

Following examination of the jurors called for examination pursuant to § 23A-20-3 , the parties, commencing with the prosecuting attorney, shall alternately exercise their peremptory challenges on the clerk's list. A peremptory challenge may not be waived.

Source: CCrimP 1877, § 342; CL 1887, § 7369; RCCrimP 1903, § 349; RC 1919, § 4867; SDC 1939 & Supp 1960, § 34.3622; SDCL, § 23-43-41; SL 1978, ch 178, § 256.
S.D. Codified Laws § 23A-32-22 — SD Code / Title 23A / Chapter 32 / Section 23A-32-22
Discretionary appeals of illegal sentences
Status: in_force

An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).

Source: SL 2015, ch 141, § 1.
S.D. Codified Laws § 23A-44-2 — SD Code / Title 23A / Chapter 44 / Section 23A-44-2
(Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial
Status: in_force

A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant.

Source: SDC 1939 & Supp 1960, § 34.2204; SDCL, § 23-34-7; SL 1978, ch 178, § 535.
S.D. Codified Laws § 23-24B-1 — SD Code / Title 23 / Chapter 24B / Section 23-24B-1
Extradition to tribe of Indian fugitive found within state's jurisdiction
Status: in_force

If any Indian charged with an offense by an Indian tribe is a fugitive from justice from such tribe and is found within the jurisdiction of this state, he may be extradited to the tribe from which he fled, pursuant to the provisions of this chapter.

Source: SL 1976, ch 162, § 1; SL 1978, ch 172, § 1.
S.D. Codified Laws § 23-7-53 — SD Code / Title 23 / Chapter 7 / Section 23-7-53
Enhanced permit to carry concealed pistol--Application
Status: in_force

An applicant must submit an application, to the sheriff of the county in which the applicant resides, for an optional enhanced permit to carry a concealed pistol. The application must include:

(1) A copy of the applicant's fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal background check;

(2) An authorization to run a fingerprint background check;

(3) If the sheriff takes the fingerprints, the sheriff shall secure the fingerprints at no additional charge to the applicant; and

(4) Proof that the applicant:

(a) Has successfully completed a qualifying handgun course as defined in § 23-7-58 , within the preceding twelve months; or

(b) Is a current or former law enforcement officer and has, within the preceding twelve months, qualified or requalified on a certified shooting course administered by a firearms instructor approved by the Law Enforcement Officers Standards Commission.

The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for processing a criminal background check, and the payment for the criminal background check to the Division of Criminal Investigation for processing.

Source: SL 2015, ch 137, § 1; SL 2016, ch 131, § 2; SL 2018, ch 141, § 1, eff. Mar. 9, 2018; SL 2020, ch 94, § 1; SL 2021, ch 104, § 2; SL 2022, ch 70, § 3.
S.D. Codified Laws § 23A-26-2 — SD Code / Title 23A / Chapter 26 / Section 23A-26-2
(Rule 31(b)) Return of verdict as to one of two or more defendants--Retrial of defendants as to whom verdict not reached
Status: in_force

If there are two or more defendants, a jury at any time during its deliberation may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed. If a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.

Source: SDC 1939 & Supp 1960, § 34.3670; SDCL, § 23-45-24; SL 1978, ch 178, § 326.
S.D. Codified Laws § 23A-3-27 — SD Code / Title 23A / Chapter 3 / Section 23A-3-27
Motion for expungement of arrest record
Status: in_force

An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:

(1) After one year from the date of any arrest, if no accusatory instrument was filed;

(2) After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record;

(3) At any time after an acquittal; or

(4) Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity.

Source: SL 2010, ch 126, § 2; SL 2012, ch 131, § 1; SL 2015, ch 140, § 1; SL 2022, ch 71, § 1, eff. Mar. 15, 2022.
S.D. Codified Laws § 23A-43-5 — SD Code / Title 23A / Chapter 43 / Section 23A-43-5
(Rule 46(b)) Conditions of release and bond continued unless ordered increased--Statement of reasons for adding conditions
Status: in_force

A defendant released before trial shall continue on release until a plea or verdict of guilty has been entered, under the same terms and conditions as were previously imposed unless the committing magistrate or court determines that other terms and conditions or termination of his release are necessary to insure the orderly and expeditious progress of the trial. After conviction but prior to the entry of judgment, the defendant may be released pursuant to § 23A-43-16 . If a person has been arrested on a complaint and is indicted before an information has been filed on the complaint, any bond posted from the original arrest shall continue and be the bond for the same offense, unless otherwise ordered by the court. If the terms and conditions are increased in severity or if the termination of release is ordered, the committing magistrate or court shall state the reasons therefor on the record.

Source: SL 1978, ch 178, § 507; SL 1985, ch 200, § 1.
S.D. Codified Laws § 23A-26-12.1 — SD Code / Title 23A / Chapter 26 / Section 23A-26-12.1
Mental examination and report before hearing
Status: in_force

Prior to the date of hearing, pursuant to § 23A-26-12.2 , 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 .

Source: SL 1985, ch 192, § 13.
S.D. Codified Laws § 23A-35A-20 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-20
Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony
Status: in_force

Except as provided in § 23A-35A-21 , a person is guilty of a Class 5 felony who is not:

(1) A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of either a sender or receiver of the communication;

(2) A person present during a conversation or discussion who intentionally and by means of an eavesdropping device overhears or records the conversation or discussion, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of a party to the conversation or discussion; or

(3) A member of a jury who intentionally records or listens to by means of an eavesdropping device the deliberations of the jury or aids, authorizes, employs, procures, or permits another to record or listen.

Source: SL 1980, ch 181, § 20; SL 2006, ch 136, § 1; SL 2017, ch 108, § 16.
S.D. Codified Laws § 23-5A-2 — SD Code / Title 23 / Chapter 5A / Section 23-5A-2
Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities
Status: in_force

There is hereby established under the administration of the South Dakota State Forensic Laboratory the State DNA Database and State DNA Databank. The South Dakota State Forensic Laboratory shall provide DNA records to the Federal Bureau of Investigation for the searching of DNA records nationwide and storage and maintenance by CODIS. The State DNA Databank shall serve as the repository for DNA samples obtained pursuant to this chapter. The State DNA Database shall be compatible with the procedures specified by the Federal Bureau of Investigation, including use of comparable test procedures, laboratory and computer equipment, supplies, and computer platform and software. The State DNA Database shall have the capability provided by computer software and procedures administered by the South Dakota State Forensic Laboratory to store and maintain DNA records related to:

(1) Crime scene evidence and forensic casework;

(2) Convicted offenders and juveniles adjudicated delinquent who are required to provide a DNA sample under this chapter;

(3) Unidentified persons or body parts;

(4) Relatives of missing persons; and

(5) Anonymous DNA profiles used for forensic validation, forensic protocol development, or quality control purposes or establishment of a population statistics database.

Source: SL 2003, ch 133, § 2.
S.D. Codified Laws § 23-7-8.14 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.14
Grace period not applicable to certain permit holders
Status: in_force

The grace period provided in § 23-7-8.13 does not apply to any permit holder who committed a crime that would make it unlawful for the permit holder to own or possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied renewal upon application for a reason provided in § 23-7-7.1 .

Source: SL 2017, ch 103, § 2.
S.D. Codified Laws § 23-4-2 — SD Code / Title 23 / Chapter 4 / Section 23-4-2
Possession by felon of police radio as misdemeanor--Radio stations unaffected
Status: in_force

No person who has been convicted of a felony in this state or elsewhere within the past ten years shall possess any frequency modulation receiving equipment capable of being so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to local or state law enforcement officers, or to the state or any of its agencies. Any person who violates this section is guilty of a Class 2 misdemeanor. Nothing in this section shall be construed to affect any radio station licensed by the Federal Communications System.

Source: SL 1965, ch 223, § 6; SDCL, § 23-4-6 ; SL 1976, ch 161; SL 1978, ch 169, §§ 1, 19.
S.D. Codified Laws § 23A-32-5 — SD Code / Title 23A / Chapter 32 / Section 23A-32-5
Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy
Status: in_force

An appeal by a prosecuting attorney may be taken to the Supreme Court from:

(1) An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;

(2) An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise.

An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision § 15-26A-3 (6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.

Source: SL 1978, ch 178, § 403; SL 1979, ch 159, § 24; SL 2021, ch 111, § 2.
S.D. Codified Laws § 23A-27A-42 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-42
Death penalty prohibited for defendant younger than eighteen when offense committed
Status: in_force

The penalty of death may not be imposed upon any defendant for any offense committed when the defendant was less than eighteen years of age.

Source: SL 2004, ch 166, § 1.
S.D. Codified Laws § 23A-3-9 — SD Code / Title 23A / Chapter 3 / Section 23A-3-9
Fresh pursuit misdemeanor arrest by officer of another state
Status: in_force

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

Source: SL 1978, ch 178, §§ 23, 28.
S.D. Codified Laws § 23A-27A-22.2 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-22.2
Psychiatric examination
Status: in_force

Any psychiatric examination ordered pursuant to § 23A-27A-22.1 shall be conducted by a licensed or certified psychiatrist, or, if the court finds it appropriate, by more than one such psychiatrist. Each psychiatrist shall be designated by the court. For the purposes of a psychiatric examination ordered pursuant to § 23A-27A-22.1 , the defendant shall remain confined under the physical custody of the Department of Corrections.

Source: SL 2008, ch 117, § 11.
S.D. Codified Laws § 23A-3-33 — SD Code / Title 23A / Chapter 3 / Section 23A-3-33
No time limitation for making application
Status: in_force

A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application.

Source: SL 2010, ch 126, § 8.
S.D. Codified Laws § 23-14-10 — SD Code / Title 23 / Chapter 14 / Section 23-14-10
Testimony in writing--Subscribing by witnesses
Status: in_force

The testimony shall be reduced to writing under the coroner's order, and be subscribed by the witnesses.

Source: SDC 1939 & Supp 1960, § 34.1009.
S.D. Codified Laws § 23A-27A-27 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-27
Pregnancy of defendant--Examination--Report
Status: in_force

If there is reasonable ground to believe that a female defendant sentenced to death is pregnant, the warden having her in custody shall arrange for an examination of the defendant to determine her condition. Upon the completion of the examination, the warden shall make a report in writing over the warden's signature, stating the facts, and submit the report to the secretary of corrections, the sentencing court, and the Governor.

Source: SL 1939, ch 135, § 9; SDC Supp 1960, § 34.37A09; SDCL § 23-49-15; SL 1979, ch 160, § 29; SL 2008, ch 117, § 19.
S.D. Codified Laws § 23A-30-3 — SD Code / Title 23A / Chapter 30 / Section 23A-30-3
Recommitment or admission to bail after arrest of judgment--Discharge if evidence insufficient
Status: in_force

If from the evidence introduced at a trial there is probable cause to believe a defendant is guilty, and a new indictment or information can be framed upon which he may be convicted, a court may order him to be recommitted to the officer of the proper county or admitted to bail anew to answer the new indictment or information. If there is probable cause to believe him guilty of another offense, he must be committed or held thereon. If no evidence appears sufficient to charge him with any offense, he must, if in custody, be discharged or, if admitted to bail, have his bail exonerated.

Source: SDC 1939 & Supp 1960, § 34.3678; SDCL, § 23-47-4; SL 1978, ch 178, § 383.
S.D. Codified Laws § 23A-20-6 — SD Code / Title 23A / Chapter 20 / Section 23A-20-6
Prospective jurors--Examination
Status: in_force

The defense attorney or the defendant, if appearing pro se, and the prosecuting attorney shall conduct examination of prospective jurors. Prior to the examination the court may conduct a general examination of the prospective jurors. The court may in its discretion allow examination of one or more jurors apart from the other jurors. If approved by the court, prospective jurors may be examined on whether the presence of a certified therapeutic dog to assist a child witness or a witness having a developmental disability would create undue sympathy for the witness or in any way serve as a prejudice to the defendant.

For purposes of this section, the terms, certified therapeutic dog, child witness, and developmental disability, have the meanings provided in § 23A-24-10 .

Source: SL 1978, ch 178, § 238; SL 2020, ch 102, § 4.
S.D. Codified Laws § 23A-16-15 — SD Code / Title 23A / Chapter 16 / Section 23A-16-15
Venue of prosecution of principal not present at commission of offense
Status: in_force

The venue in the case of a principal in the commission of a public offense, who was not present at the commission of the offense, is in the same county in which it would be under this title if he had been present and aiding and abetting therein.

Source: SDC 1939 & Supp 1960, § 34.0807; SDCL, § 23-9-21; SL 1978, ch 178, § 215.
S.D. Codified Laws § 23A-27-32 — SD Code / Title 23A / Chapter 27 / Section 23A-27-32
Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement
Status: in_force

Whenever any person is convicted of a felony, the judge before whom such person is convicted shall furnish the Board of Pardons and Parole with a plan of restitution pursuant to chapter 23A-28 . The state's attorney of the county in which the person is convicted shall furnish the warden of the state correctional facility with an official statement of the facts and circumstances constituting the crime whereof the convict has been convicted, with all the information accessible to them in regard to the career of the convict prior to the commission of the crime of which he is convicted, relating to the habits, associates, disposition, and reputation of such convict and any other facts or circumstances which may tend to throw any light upon the question as to whether he is capable of again becoming a law - abiding citizen. If a presentence investigation report has been prepared by a court services officer and contains all information otherwise provided by an official statement, the court services officer shall furnish the report in lieu of an official statement.

Source: SDC 1939 & Supp 1960, § 34.3711; SDCL, § 23-48-37; SL 1978, ch 178, § 374; SL 1981, ch 188; SL 1986, ch 196, § 7; SL 2023, ch 82, § 31.
S.D. Codified Laws § 23A-27A-17 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-17
Date and time of execution--Secretary of corrections to make public announcement
Status: in_force

The week so appointed may not be less than six months or more than eight months after the date of judgment of death. The time of execution within the week is in the discretion of the secretary of corrections to whom the warrant is directed. The secretary shall cause the execution to be performed on some day of such week. Not less than forty-eight hours prior to the execution, the secretary shall make a public announcement of the scheduled day and hour of the execution.

Source: SL 1939, ch 135, § 2; SDC Supp 1960, § 34.37A02; SDCL § 23-49-3; SL 1979, ch 160, § 19; SL 1999, ch 123, § 1; SL 2008, ch 117, § 4; SL 2023, ch 82, § 37.
S.D. Codified Laws § 23A-45-1 — SD Code / Title 23A / Chapter 45 / Section 23A-45-1
Criminal proceedings defined
Status: in_force

A criminal proceeding is one prosecuted by the state as a party, against a person charged with a criminal offense for the punishment thereof. A proceeding for the violation of an ordinance, bylaw, or police regulation is one prosecuted by a unit of local government as a party, against a person charged with a public offense, for the punishment thereof.

Source: SDC 1939 & Supp 1960, § 34.2901; SDCL, § 23-1-1; SL 1978, ch 178, § 551.
S.D. Codified Laws § 23A-27A-13 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-13
Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar-case records provided to resentencing judge
Status: in_force

The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:

(1) Affirm the sentence of death; or

(2) Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration.

Source: SL 1979, ch 160, § 12.
S.D. Codified Laws § 23-5-7 — SD Code / Title 23 / Chapter 5 / Section 23-5-7
Identification records to be filed and preserved--Restrictions as to use
Status: in_force

Any department or institution that makes or takes any photograph, impression, measurement, description, or record including confidential criminal investigative information, taken or made as provided for in § 23-5-6 shall be filed and preserved by the department or institution. The department or institution may not publish, transfer, or circulate any impression, measurement, description, record, or photograph, except a criminal booking photograph, for a crime classified as a felony pursuant to § 22-6-1 outside the department or institution except to a duly authorized law enforcement officer. If the subject of a measurement, description, or other record becomes a fugitive from justice, or escapes from a penal institution then the measurement, description, or record may be exhibited to the public. This section does not apply to the release of information allowed pursuant to § 24-2-20 . Any criminal booking photograph for a crime classified as a felony pursuant to § 22-6-1 is a public record pursuant to chapter 1-27 .

Nothing in this section requires any law enforcement agency to provide or reproduce a criminal booking photograph older than six months from the date the criminal booking photograph was taken. An agency requested to provide or reproduce a criminal booking photograph is entitled to recover costs of retrieval or reproduction pursuant to § 1-27-35 .

Source: SDC 1939 & Supp 1960, § 34.1614; SL 2001, ch 118, § 1; SL 2017, ch 100, § 1.
S.D. Codified Laws § 23A-49-24 — SD Code / Title 23A / Chapter 49 / Section 23A-49-24
Seized property--Fees and costs recouped
Status: in_force

The attorney general may use forfeiture proceeds to pay the costs of compiling and reporting data under §§ 23A-49-21 to 23A-49-25 , inclusive.

Source: SL 2022, ch 76, § 4.
S.D. Codified Laws § 23A-21-3 — SD Code / Title 23A / Chapter 21 / Section 23A-21-3
(Rule 25(a)) Replacement of judge disabled during jury trial
Status: in_force

If by reason of death, sickness, or other disability a judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge in the circuit, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the trial.

Source: SL 1978, ch 178, § 274.
S.D. Codified Laws § 23A-46-9 — SD Code / Title 23A / Chapter 46 / Section 23A-46-9
Mental examination and report--Conduct of 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 . The hearing shall be conducted pursuant to the provisions of § 23A-46-3 .

Source: SL 1985, ch 192, § 25.
S.D. Codified Laws § 23A-16-1 — SD Code / Title 23A / Chapter 16 / Section 23A-16-1
Concurrent state jurisdiction of offenses on Indian reservations within state
Status: in_force

Whenever any acts in violation of the penal laws of the United States committed by any person upon any Indian reservation within this state shall constitute a crime under any law of the State of South Dakota, concurrent jurisdiction is hereby expressly reserved to the State of South Dakota to arrest, prosecute, convict, and punish any person committing any offense under the laws of the State of South Dakota, even though the acts constituting such offense may also constitute an offense under the laws of the United States of America.

Source: SDC 1939, § 34.0502; SL 1951, ch 187; SDCL, § 23-9-6; SL 1978, ch 178, § 220.
S.D. Codified Laws § 23A-43-7 — SD Code / Title 23A / Chapter 43 / Section 23A-43-7
Amendment of order to impose additional or different conditions of release--Review on inability of defendant to meet additional conditions
Status: in_force

A committing magistrate or court ordering the release of a defendant on any condition specified in § 23A-43-2 or 23A-43-3 may at any time amend his or its order to impose additional or different conditions of release. If, however, the imposition of such additional or different conditions results in the detention of the defendant as a result of his inability to meet such conditions or in the release of the defendant on a condition requiring him to return to custody after specified hours, the provisions of §§ 23A-43-8 to 23A-43-10 , inclusive, shall apply.

Source: SL 1978, ch 178, § 512.
S.D. Codified Laws § 23-4-4 — SD Code / Title 23 / Chapter 4 / Section 23-4-4
Federal licensees exempt from chapter
Status: in_force

This chapter does not apply to any holders of a valid amateur radio operator or station license issued by the Federal Communications Commission.

Source: SL 1965, ch 233, § 4.
S.D. Codified Laws § 23A-48-21 — SD Code / Title 23A / Chapter 48 / Section 23A-48-21
Review of denial of earned discharge credit
Status: in_force

A probationer who objects to a supervising court services officer's determination that the probationer is ineligible for the award of earned discharge credit may seek review of that decision with the chief court services officer for the judicial circuit. Review of the denial of earned discharge credit may be made by filing a notice of review with the chief court services officer within 10 days from receiving notice of the denial. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which will be assigned by the director of trial court services. The decision made by the chief court services officer concerning the award of earned discharge credits is final.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 7), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-16-14 — SD Code / Title 23A / Chapter 16 / Section 23A-16-14
Venue of offense by use of mails
Status: in_force

Where the commission of a public offense involves the use of the mails, the venue of the offense is in any county where the letter is deposited or delivered, or where it is received by the person to whom it is addressed.

Source: SL 1978, ch 178, § 213-A.
S.D. Codified Laws § 23A-28B-36 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-36
Confidentiality of records and reports
Status: in_force

Any record or report obtained by the department or commission, the confidentiality of which is protected by any law or administrative rule, shall remain confidential.

Source: SL 1991, ch 201, § 36.
S.D. Codified Laws § 23-3-72 — SD Code / Title 23 / Chapter 3 / Section 23-3-72
Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general
Status: in_force

Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:

(1) Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to § 22-30A-10 ;

(2) Bribery in public office pursuant to § 2-12-9 , 22-12A-7 , or 22-12A-11 ; or

(3) An intentional violation of any limit on gifts to public officials under chapter 2-12 .

The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail.

Source: SL 2017, ch 73, § 3.
S.D. Codified Laws § 23A-27-8 — SD Code / Title 23A / Chapter 27 / Section 23A-27-8
(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received
Status: in_force

If a court is of the view that there is information in a presentence report which should not be disclosed under § 23A-27-7 , the court in lieu of making the report or part thereof available shall state orally or in writing a summary of the factual information contained therein to be relied on in determining sentence, and shall give the defendant, his counsel, or the prosecuting attorney an opportunity to comment thereon. The statement may be made to the parties in chambers.

Source: SL 1978, ch 178, § 340.
S.D. Codified Laws § 23A-2-9 — SD Code / Title 23A / Chapter 2 / Section 23A-2-9
(Rule 4(d)(3)) Warrant executed by arrest--Advice to defendant as to warrant--Manner of service of summons
Status: in_force

A warrant is executed by the arrest of the defendant. A law enforcement officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the law enforcement officer does not have the warrant in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.

A summons shall be served upon a defendant at least five days before the day of appearance fixed therein by delivering a copy to him personally or by leaving it at his dwelling house or usual place of abode with some person over the age of fourteen years then residing therein.

Source: CCrimP 1877, § 119; CL 1887, § 7144; RCCrimP 1903, § 116; RC 1919, § 4549; SDC 1939 & Supp 1960, § 34.1603; SDCL, § 23-22-6; SL 1978, ch 178, § 12.
S.D. Codified Laws § 23A-27-42 — SD Code / Title 23A / Chapter 27 / Section 23A-27-42
Presentence hearing on mental condition
Status: in_force

A defendant found guilty of an offense, or the prosecuting attorney may, within ten days after the defendant is found guilty, and prior to the time the defendant is sentenced, file a motion for a hearing on the present mental condition of the defendant if the motion is supported by substantial information indicating that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care and treatment in a suitable facility. The court shall grant the motion, or at any time prior to the sentencing of the defendant shall order such a hearing on its own motion, if it is of the opinion that there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect for which he is in need of custody for care or treatment in a suitable facility.

Source: SL 1985, ch 192, § 19.
S.D. Codified Laws § 23A-27-25.9 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.9
Cost of digital forensic examination--Convicted defendant to reimburse--Cost capped--Deposit--"Personal electronic device" defined
Status: in_force

A person convicted of a felony or misdemeanor shall, as part of the sentence imposed by the court, pay for the reimbursement of the cost of any digital forensic examination performed on any personal electronic device in the investigation and prosecution of the crime for which the defendant is convicted. The fee assessed may not exceed ninety-five dollars for each device. Fees collected pursuant to this section by the Unified Judicial System must be deposited in the internet crimes investigation fund, created in § 1-11-36 .

For the purposes of this section, the term "personal electronic device" means any portable electronic device that is designed for and capable of wireless communication or electronic data retrieval, including a cellular telephone, tablet, laptop, computer, or two-way messaging device.

Source: SL 2024, ch 92, § 1.
S.D. Codified Laws § 23A-14A-8 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-8
Exemption of prisoner from another state from arrest or service of process
Status: in_force

If a witness from another state comes into or passes through this state under an order directing the witness to attend and testify in this or another state, the witness is not subject, while in this state pursuant to the order, to arrest or the service of process, civil or criminal, because of any act committed prior to this arrival in this state under the order.

Source: SL 2002, ch 119, § 8.
S.D. Codified Laws § 23-24-4 — SD Code / Title 23 / Chapter 24 / Section 23-24-4
Investigation by Governor
Status: in_force

When a demand is made upon the Governor of this state by the executive authority of another state for the surrender of a person charged with a crime, the Governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.

Source: SDC 1939, § 34.1704; SL 1953, ch 200, § 4; SL 2023, ch 3, § 30.
S.D. Codified Laws § 23A-19-5 — SD Code / Title 23A / Chapter 19 / Section 23A-19-5
Challenge to panel when several defendants tried together
Status: in_force

When several defendants are tried together, any individual defendant may challenge the panel, but if more than one defendant challenges the panel, the challenges must be tried together.

Source: SDC 1939 & Supp 1960, § 34.3611; SDCL, § 23-43-13; SL 1978, ch 178, § 266.
S.D. Codified Laws § 23-3-13 — SD Code / Title 23 / Chapter 3 / Section 23-3-13
Apprehension of criminals and fugitives by division
Status: in_force

It shall be the duty of the Division of Criminal Investigation to apprehend criminals and fugitives.

Source: SDC 1939, § 55.1603 (2).
S.D. Codified Laws § 23A-3-37 — SD Code / Title 23A / Chapter 3 / Section 23A-3-37
Expungement of record on filing of dismissal and notice
Status: in_force

Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court.

Source: SL 2018, ch 143, § 3.
S.D. Codified Laws § 23-24-5 — SD Code / Title 23 / Chapter 24 / Section 23-24-5
Agreement for return of fugitive to this state after trial or sentence in another state
Status: in_force

When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.

Source: SL 1953, ch 200, § 5; SDC Supp 1960, § 34.1705.
S.D. Codified Laws § 23A-26-11 — SD Code / Title 23A / Chapter 26 / Section 23A-26-11
Recording of verdict--Inquiry of jury
Status: in_force

When a verdict is given which a court may receive, the clerk must promptly record it in full in the minutes, and must read it to the jurors and inquire of them whether it is their verdict. If any juror disagrees, the fact must be entered in the minutes and the jury must again be sent out. If no disagreement is expressed, the verdict is complete and the jury must be discharged from the case.

Source: SDC 1939 & Supp 1960, § 34.3674; SDCL, § 23-45-26; SL 1978, ch 178, § 329.