S.D. Codified Laws § 33-10-233 — SD Code / Title 33 / Chapter 10 / Section 33-10-233
Commitment of person found not guilty by reason of lack of mental responsibility
Status: in_force

If a person is found by a court-martial not guilty only by reason of lack of mental responsibility, the person shall be committed to a suitable facility until the person is eligible for release in accordance with this code.

Source: SL 2012, ch 175, § 214.
S.D. Codified Laws § 33-10-33 — SD Code / Title 33 / Chapter 10 / Section 33-10-33
Extradition
Status: in_force

If an offender is apprehended outside the state, the offender's return to the area must be in accordance with normal extradition procedures or by reciprocal agreement.

Source: SL 2012, ch 175, § 14.
S.D. Codified Laws § 33-10-277 — SD Code / Title 33 / Chapter 10 / Section 33-10-277
Property other than military property--Waste, spoilage, or destruction
Status: in_force

Any person subject to this code who willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of any state shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 258.
S.D. Codified Laws § 33A-5-4 — SD Code / Title 33A / Chapter 5 / Section 33A-5-4
Headstone provided by federal government to be erected--Maximum expense--Time for claim--Private option
Status: in_force

If a headstone is provided by the United States government for the purpose of marking the grave of a veteran who had been a resident of South Dakota for one year preceding entrance into military service or preceding death or if a memorial headstone or marker is provided by the United States government to commemorate any member of the armed forces of the United States dying in the service, whose remains have not been recovered or identified or were buried at sea, the veterans' service officer or field officer shall cause the headstone or memorial headstone or marker to be erected. The expense of erecting the headstone or memorial headstone or marker must be paid by the state and may not exceed two hundred dollars. No payment for the expense is allowed unless a claim is filed with the Department of Veterans Affairs within one year of the date the headstone or memorial headstone or marker is erected.

An individual responsible for the execution of the estate of a deceased veteran authorized to receive a headstone or memorial headstone or marker may elect to purchase a headstone at personal expense but may receive the one-hundred-dollar state stipend for erecting the headstone or memorial headstone or marker if the name, rank, branch of service, and dates of birth and death of the veteran are professionally etched on the backside of the headstone.

Source: SL 1887, ch 151, § 3; CL 1887, § 2471; RPolC 1903, § 3239; RC 1919, § 9965; SDC 1939, § 41.0303; SL 1939, ch 156, § 3; SL 1941, ch 173, § 2; SL 1949, ch 155, § 2; SL 1961, ch 207; SL 1968, ch 160, § 2; SL 1974, ch 233; SL 1976, ch 208, § 2; SL 1986, ch 275; SL 2009, ch 162, § 1; § 33-19-5; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 113, § 1; SL 2023, ch 114, § 1.
S.D. Codified Laws § 33-14-2 — SD Code / Title 33 / Chapter 14 / Section 33-14-2
Promulgation of rules by department
Status: in_force

The Department of the Military may promulgate rules pursuant to chapter 1-26 not inconsistent with the provisions of this chapter, governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the South Dakota State Guard.

Source: SL 1941, ch 174, § 2; SL 1955, ch 144, § 2; SDC Supp 1960, § 41.01B02; SL 1986, ch 272, § 14; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-5-5 — SD Code / Title 33A / Chapter 5 / Section 33A-5-5
Public expenses--Payment procedure
Status: in_force

All public expenses incurred under the provisions of §§ 33A-5-2 and 33A-5-4 , may only be approved, allowed, and certified by the county or tribal veterans service officer or employee of the Department of Veterans Affairs upon forms provided by the Department of Veterans Affairs. The county or tribal veterans service officer shall forward the forms to the Department of Veterans Affairs. The department shall certify and forward the forms to the state auditor.

Upon receipt of the certified forms, the state auditor shall draw a warrant on the state treasurer in favor of the person or persons entitled to the payment for the amount specified on the forms.

Source: SL 1887, ch 151, § 4; CL 1887, § 2472; RPolC 1903, § 3240; RC 1919, § 9966; SDC 1939, § 41.0304; SL 1939, ch 156, § 4; SL 1941, ch 173, § 3; SL 1968, ch 160, § 3; SL 2007, ch 187, § 227; § 33-19-6; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 22; SL 2023, ch 111, § 35; SL 2023, ch 113, § 2.
S.D. Codified Laws § 33A-1-10 — SD Code / Title 33A / Chapter 1 / Section 33A-1-10
Office and personnel
Status: in_force

The secretary of the Department of Veterans Affairs shall establish and maintain an office and field force to carry out the provisions of this chapter, including representation at the United States Department of Veterans Affairs facilities in this state.

Source: SL 1944 (SS), ch 3, § 4; SDC Supp 1960, § 41.0404; SL 1965, ch 174, § 1; SL 2007, ch 187, § 151; SDCL § 33-16-11; SL 2011, ch 1 (Ex. Ord. 11-1), § 145, eff. Apr. 12, 2011; SL 2011, ch 152, § 6; SL 2023, ch 111, § 2.
S.D. Codified Laws § 33A-1-21 — SD Code / Title 33A / Chapter 1 / Section 33A-1-21
Department records as confidential--Exceptions
Status: in_force

The contents of, and all files, records, reports, papers, and documents pertaining to, any claim for the benefits of this chapter, or chapters 33A-2 to 33A-5 , inclusive, whether pending or adjudicated, are confidential and privileged except to the veteran, a veteran's dependents or their duly authorized agents. However, investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for the benefits of this chapter, or chapters 33A-2 to 33A-5 , inclusive, are exempt from release to the extent that the disclosure of the material would reveal the identity of the source who furnished information to the department under an express promise that the identity of the source would be held in confidence, or, prior to July 1, 1985, under an implied promise that the identity of the source would be held in confidence.

Source: SL 1944 (SS), ch 3, § 8; SDC Supp 1960, § 41.0408; SL 1984, ch 12, § 65; SL 1985, ch 274; SDCL § 33-16-23; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-168 — SD Code / Title 33 / Chapter 10 / Section 33-10-168
Persons subject to deferment until permanently released to state military forces
Status: in_force

Section 33-10-167 applies to a person subject to this code who:

(1) While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial; and

(2) After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.

For the purposes of this section and § 33-10-167 , the term, state, includes the District of Columbia and any commonwealth, territory, or possession of the United States.

Source: SL 2012, ch 175, § 149.
S.D. Codified Laws § 33-10-51 — SD Code / Title 33 / Chapter 10 / Section 33-10-51
Forms of punishment by any commanding officer
Status: in_force

Any commanding officer may impose upon enlisted members of the officer's command the following:

(1) An admonition;

(2) A reprimand;

(3) The withholding of privileges for not more than six months which need not be consecutive;

(4) The forfeiture of pay of not more than seven day's pay;

(5) A fine of not more than seven day's pay;

(6) A reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;

(7) Extra duties, including fatigue or other duties, for not more than fourteen days, which need not be consecutive; and

(8) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen days, which need not be consecutive.

Source: SL 2012, ch 175, § 32.
S.D. Codified Laws § 33-10-284 — SD Code / Title 33 / Chapter 10 / Section 33-10-284
Malingering
Status: in_force

Any person subject to this code who for the purpose of avoiding work, duty, or service:

(1) Feigns illness, physical disablement, mental lapse, or derangement; or

(2) Intentionally inflicts self-injury;

Source: SL 2012, ch 175, § 265.
S.D. Codified Laws § 33-10-61 — SD Code / Title 33 / Chapter 10 / Section 33-10-61
Courts-martial classified
Status: in_force

The three kinds of courts-martial in the state military forces are:

(1) General courts-martial, consisting of:

(a) A military judge and not less than five members; or

(b) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves;

(2) Special courts-martial, consisting of:

(a) A military judge and not less than three members; or

(b) Only a military judge, if one has been detailed to the court, and the accused requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves; and

(3) Summary courts-martial, consisting of one commissioned officer.

Source: SL 2012, ch 175, § 42.
S.D. Codified Laws § 33-10-232 — SD Code / Title 33 / Chapter 10 / Section 33-10-232
References to court that ordered commitment
Status: in_force

In the application of the state statute applicable to persons incompetent to stand trial to a case under this section, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court-martial convening authority for that person. However, if the person is no longer subject to this code at a time relevant to the application of such section to the person, the state trial court with felony jurisdiction in the county where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person.

Source: SL 2012, ch 175, § 213.
S.D. Codified Laws § 33-10-115 — SD Code / Title 33 / Chapter 10 / Section 33-10-115
Duties of defense counsel in court-martial proceeding resulting in conviction
Status: in_force

In any court-martial proceeding resulting in a conviction, the defense counsel may:

(1) Forward for attachment to the record of proceedings a brief of such matters as counsel determines should be considered in behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate;

(2) Assist the accused in the submission of any matter under §§ 33-10-181 to 33-10-192 , inclusive; and

(3) Take other action authorized by this code.

Source: SL 2012, ch 175, § 96.
S.D. Codified Laws § 33-9-1 — SD Code / Title 33 / Chapter 9 / Section 33-9-1
Authority of Governor to order active service--Application of other public officials
Status: in_force

In case of war, insurrection, rebellion, riot, invasion, resistance to the execution of the law of this state or of the United States, or in the event of public disaster or upon application of any marshal of the United States, or the mayor of any first or second class municipality or any sheriff in this state, the Governor may order into active service all or any portion of the national guard.

Source: SL 1887, ch 100, §§ 43, 44; CL 1887, §§ 1959, 1960; SL 1893, ch 117, § 14; SL 1901, ch 176, § 8; RPolC 1903, § 2497; SL 1903, ch 185, § 27; SL 1917, ch 297, § 37; RC 1919, § 10597; SDC 1939, § 41.0149; SL 1951, ch 206; SL 1992, ch 60, § 2.
S.D. Codified Laws § 33-6-2 — SD Code / Title 33 / Chapter 6 / Section 33-6-2
Exemption from arrest and process at certain times
Status: in_force

No person belonging to the military forces may be arrested on any civil process while going to, remaining at, or returning from any drill or annual training that the member is required to attend for duty.

Source: SL 1887, ch 100, § 65; CL 1887, § 1981; RPolC 1903, § 2520; SL 1903, ch 185, § 72; SL 1917, ch 297, § 74; RC 1919, § 10634; SDC 1939, § 41.0182; SL 2007, ch 187, § 64.
S.D. Codified Laws § 33-15-21 — SD Code / Title 33 / Chapter 15 / Section 33-15-21
Duty to utilize already existing facilities
Status: in_force

The Governor, the secretary, and the executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies. Such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor, the secretary and to the emergency management organizations of the state upon request. A local political subdivision must exhaust its available resources prior to obtaining assistance from another political subdivision. The state must exhaust all available governmental resources prior to obtaining private resources.

Source: SL 1949, ch 236, § 12; SL 1951, ch 285, § 12; SDC Supp 1960, § 41.01C11; SL 1977, ch 271, § 15; SL 2004, ch 17, § 197.
S.D. Codified Laws § 33A-1-28 — SD Code / Title 33A / Chapter 1 / Section 33A-1-28
Salary and budget of county service officer--Office space and equipment
Status: in_force

A county veterans service officer may be employed either part time or full time. The salary and budget of the officer is determined by the board or boards of county commissioners employing the officer. The officer must be provided with a secure office space, office fixtures, furnishings, and equipment, either in the courthouse or some other central and accessible location.

Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 1976, ch 206, § 3; SL 2007, ch 187, § 159; SDCL § 33-16-28; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 7.
S.D. Codified Laws § 33-10-244 — SD Code / Title 33 / Chapter 10 / Section 33-10-244
Attempt to commit offense subject to punishment
Status: in_force

Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

Source: SL 2012, ch 175, § 225.
S.D. Codified Laws § 33-11A-7 — SD Code / Title 33 / Chapter 11A / Section 33-11A-7
Trust account--Expenses to be paid
Status: in_force

All amounts deposited in the national guard museum and state weapons collection special trust account in the Office of the State Treasurer are appropriated to the use of the museum board for its expenses in the operation and maintenance of the museum and its annexes. Prorated earnings shall be credited to the account. The expenses shall be paid out of that fund on warrants drawn by the state auditor upon duly itemized vouchers. The funds necessary for such expenses are hereby authorized to be expended.

Source: SL 1983, ch 250.
S.D. Codified Laws § 33-15-8.1 — SD Code / Title 33 / Chapter 15 / Section 33-15-8.1
Emergency co-ordination of resources by Governor
Status: in_force

Whenever the Governor in pursuance to § 33-15-8 shall declare an emergency or disaster to exist within the state, he may authorize and direct the resources of any political subdivision of the state or of any department, commission, or agency of the state to assist another political subdivision with such resources.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1; SL 1977, ch 271, § 5.
S.D. Codified Laws § 33-12-26 — SD Code / Title 33 / Chapter 12 / Section 33-12-26
Accounting of expenses including pay, subsistence, and transportation--Audit and payment
Status: in_force

The adjutant general shall keep an accurate account of all expenses necessarily incurred, including pay of officers and enlisted men, subsistence and transportation of the National Guard and of all military property of the state. The expenses shall be audited and paid in the same manner as other military accounts are audited and paid.

Source: SL 1917, ch 297, § 9; RC 1919, § 10557; SDC 1939, § 41.0110; SL 2007, ch 187, § 130.
S.D. Codified Laws § 33-10-256 — SD Code / Title 33 / Chapter 10 / Section 33-10-256
Contempt toward officials
Status: in_force

Any commissioned officer who uses contemptuous words against the President, the Governor, or Legislature of this state shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 237.
S.D. Codified Laws § 33-10-218 — SD Code / Title 33 / Chapter 10 / Section 33-10-218
Vacation of suspension--Execution of sentence
Status: in_force

The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.

Source: SL 2012, ch 175, § 199.
S.D. Codified Laws § 33-10-86 — SD Code / Title 33 / Chapter 10 / Section 33-10-86
Detail or employment of court reporters and interpreters--Promulgation of rules
Status: in_force

Under such rules as may be promulgated by the Adjutant General pursuant to chapter 1-26 , the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters who shall interpret for the court.

Source: SL 2012, ch 175, § 67; SL 2023, ch 109, § 13.
S.D. Codified Laws § 33-10-249 — SD Code / Title 33 / Chapter 10 / Section 33-10-249
Fraudulent enlistment, appointment, or separation
Status: in_force

Any person who:

(1) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances there under; or

(2) Procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to the person's eligibility for that separation;

Source: SL 2012, ch 175, § 230.
S.D. Codified Laws § 33-10-223 — SD Code / Title 33 / Chapter 10 / Section 33-10-223
Substitution for dishonorable or bad-conduct discharge
Status: in_force

If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor may substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.

Source: SL 2012, ch 175, § 204.
S.D. Codified Laws § 33-10-274 — SD Code / Title 33 / Chapter 10 / Section 33-10-274
Misconduct as prisoner
Status: in_force

Any person subject to this code who, while in the hands of the enemy in time of war:

(1) For the purpose of securing favorable treatment by the person's captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

(2) While in a position of authority over such persons maltreats them without justifiable cause;

Source: SL 2012, ch 175, § 255.
S.D. Codified Laws § 33-10-31 — SD Code / Title 33 / Chapter 10 / Section 33-10-31
Persons authorized to apprehend upon probable cause
Status: in_force

Any person authorized by this code or by chapter 47 of Title 10, United States Code, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon probable cause that an offense has been committed and that the person apprehended committed it.

Source: SL 2012, ch 175, § 12.
S.D. Codified Laws § 33-10-112 — SD Code / Title 33 / Chapter 10 / Section 33-10-112
Report of performance as court-martial member, witness, or counsel prohibited
Status: in_force

In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces, or in determining whether a member of the state military forces should be retained on active status, no person subject to this code may, in preparing any such report:

(1) Consider or evaluate the performance of duty of any such member as a member of a court-martial or witness in a court-martial; or

(2) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.

Source: SL 2012, ch 175, § 93.
S.D. Codified Laws § 33-10-101 — SD Code / Title 33 / Chapter 10 / Section 33-10-101
Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony
Status: in_force

The accused shall be advised of the charges against the accused and of the right to be represented at that investigation by counsel. The accused has the right to be represented at that investigation as provided in §§ 33-10-113 to 33-10-115 , inclusive, and in any rule prescribed pursuant to that section. At that investigation, full opportunity shall be given to the accused to cross-examine any witness against the accused, if the witness is available, and to present anything the accused may desire in the accused's own behalf, either in defense or mitigation, and the investigating officer shall examine any available witness requested by the accused. If any charge is forwarded after the investigation, the charge shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.

Source: SL 2012, ch 175, § 82.
S.D. Codified Laws § 33-10-120 — SD Code / Title 33 / Chapter 10 / Section 33-10-120
Procedure when court members reduced below minimum by challenge for cause
Status: in_force

If exercise of a challenge for cause reduces the court below the minimum number of members required by § 33-10-61 , all parties shall, notwithstanding the provisions of §§ 33-10-87 to 33-10-90 , inclusive, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, no peremptory challenges may be exercised at that time.

Source: SL 2012, ch 175, § 101.
S.D. Codified Laws § 33-10-188 — SD Code / Title 33 / Chapter 10 / Section 33-10-188
Action on findings of court-martial
Status: in_force

Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in the person's sole discretion may:

(1) Dismiss any charge or specification by setting aside a finding of guilty thereto; or

(2) Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

Source: SL 2012, ch 175, § 169.
S.D. Codified Laws § 33-1-9.1 — SD Code / Title 33 / Chapter 1 / Section 33-1-9.1
Department abolished--Performance of functions
Status: in_force

The Department of Military and Veterans Affairs is abolished, and all its functions shall be administered by the Department of the Military as provided by § 1-46-5 .

Source: SL 1973, ch 2, § 276; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 21, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-266 — SD Code / Title 33 / Chapter 10 / Section 33-10-266
Unlawful detention
Status: in_force

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 247.
S.D. Codified Laws § 33-10-139 — SD Code / Title 33 / Chapter 10 / Section 33-10-139
Witness fees
Status: in_force

The fees and mileage of witnesses shall be paid out of the appropriations for the compensation of witnesses.

Source: SL 2012, ch 175, § 120.
S.D. Codified Laws § 33-14-12 — SD Code / Title 33 / Chapter 14 / Section 33-14-12
Members to serve without pay except on active duty--Rate of pay
Status: in_force

The officers and men of the South Dakota State Guard shall serve without pay, except when called out for active duty by the Governor. Members called out for service shall receive the same pay and allowances for the time spent on active duty as would be received by members of the national guard performing like service.

Source: SL 1941, ch 174, § 3; SDC Supp 1960, § 41.01B03.
S.D. Codified Laws § 33A-1-34 — SD Code / Title 33A / Chapter 1 / Section 33A-1-34
Construction of chapter
Status: in_force

The provisions of this chapter shall be construed liberally in order to effectuate its purposes.

Source: SL 1944 (SS), ch 3, § 13; SDC Supp 1960, § 41.0411; SDCL § 33-16-29; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-242 — SD Code / Title 33 / Chapter 10 / Section 33-10-242
Included offense--Attempted offense
Status: in_force

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the offense charged.

Source: SL 2012, ch 175, § 223.
S.D. Codified Laws § 33-7-1 — SD Code / Title 33 / Chapter 7 / Section 33-7-1
Active duty pay and allowances
Status: in_force

Officers and enlisted men of the national guard who are ordered into active service, in pursuance to the provisions of this title, shall be paid the same compensation, at the same rate of pay, as that paid to the officers and enlisted men of like rank and grade of the armed forces of the United States. Officers may not receive state military pay while attending annual encampments if United States armed forces regulation pay is received.

If a member of the South Dakota National Guard performs service pursuant to an agreement with a public agency, entered into under chapter 1-24 , which agreement provides for either reimbursement to the National Guard of South Dakota or direct payment of pay and allowances to the member, the member may accept the payment in lieu of any pay or allowance entitlement under this chapter. This payment is not in lieu of any other benefit, right, privilege, or immunity conferred upon a member by law.

Source: SL 1887, ch 100, §§ 56, 59; CL 1887, §§ 1972, 1975; SL 1893, ch 117, § 15; RPolC 1903, §§ 2509, 2512; SL 1917, ch 297, § 67; RC 1919, § 10627; SDC 1939, § 41.0175; SL 1949, ch 154; SL 1957, ch 205; SL 1965, ch 172; SL 1973, ch 218; SL 1982, ch 252.
S.D. Codified Laws § 33A-1-23 — SD Code / Title 33A / Chapter 1 / Section 33A-1-23
County commissioners to assist service officer
Status: in_force

The board or boards of county commissioners shall furnish the county veterans' service officer with such assistance and clerical help as may be necessary, when, in the opinion of the board or boards of county commissioners and the Department of Veterans Affairs such action would be in the public interest.

Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SDCL § 33-16-25; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-14-1 — SD Code / Title 33 / Chapter 14 / Section 33-14-1
Authorization to organize and maintain South Dakota State Guard distinct from National Guard
Status: in_force

The Governor may organize and maintain within this state such military forces as the Governor deems necessary to protect life and property in this state. Such forces are additional to and distinct from the National Guard and are known as the South Dakota State Guard.

Source: SL 1941, ch 174, § 1; SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01; SL 2007, ch 187, § 138.
S.D. Codified Laws § 33A-4-9 — SD Code / Title 33A / Chapter 4 / Section 33A-4-9
Suspension of member for violation of rules--Hearing before secretary of veterans affairs
Status: in_force

The superintendent of the State Veterans' Home may temporarily suspend and expel any member of the home for the violation of the rules promulgated pursuant to § 33A-4-4 pending a final hearing before the secretary of veterans affairs if the superintendent deems it for the best interest of the institution. The temporary suspension and expulsion is in effect until the final hearing by the secretary of veterans affairs upon the charges filed by the superintendent. Notice of the final hearing together with a copy of the charges filed, shall be served on the offender personally at least three days before the date of the final hearing.

Source: SL 1917, ch 344, § 2; RC 1919, § 9953; SL 1931, ch 227; SDC 1939, § 41.0206; SL 1982, ch 254, § 3; SL 1989, ch 286, § 6; SL 2007, ch 187, § 210; § 33-18-7; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-198 — SD Code / Title 33 / Chapter 10 / Section 33-10-198
State's appeal to Supreme Court limited to matters of law
Status: in_force

An appeal pursuant to §§ 33-10-195 and 33-10-196 shall be forwarded to the court prescribed in § 33-10-209 . In ruling on an appeal pursuant to §§ 33-10-195 and 33-10-196 , that court may act only with respect to matters of law.

Source: SL 2012, ch 175, § 179.
S.D. Codified Laws § 33-3-28 — SD Code / Title 33 / Chapter 3 / Section 33-3-28
Military personnel authorized to administer oaths
Status: in_force

Any officer or warrant officer of the South Dakota National Guard who is commissioned in, assigned, or detailed to duty as the adjutant general, the assistant adjutant general, the adjutant, assistant adjutant, or personnel adjutant of any command, any judge advocate, the trial counsel or assistant trial counsel of a general or special court - martial, the president or recorder of any court - martial or military board, any commissioned officer commanding any unit or separate detachment, and any officer or warrant officer detailed to make an investigation, may administer oaths for the purpose of the administration of military justice and for other purposes required for the administration of the national guard. Any such officer has the general powers of a notary public in the administration of oaths, the attestation of documents, and all other forms of notarial acts to be executed by members of the national guard, their dependents, and any other person in the administration of the military laws of the state or necessary for the preparation for or the accomplishment of the missions of the national guard in either state or federal service. Notarial acts performed under this section are exempt from the requirements for a seal specified in § 18-1-3.1 . The signature of the officer taking acknowledgments or sworn instruments, together with the title of his office, constitutes prima facie evidence of the officer's authority. However, no fee may be charged or collected by any officer mentioned in this section for the performance of any notarial act herein authorized. All commissioned officers and warrant officers of the armed forces of the United States may administer oaths of enlistment or appointment of any person in the armed forces of the United States.

Source: SL 1903, ch 185, § 61; SL 1913, ch 267, § 25; SL 1917, ch 297, § 31; RC 1919, § 10585; SDC 1939, § 41.0137; SL 1951, ch 205; SL 1987, ch 247, § 1; SL 1991, ch 265, § 1.
S.D. Codified Laws § 33-12-5 — SD Code / Title 33 / Chapter 12 / Section 33-12-5
Responsibility for equipment--Property of United States
Status: in_force

The adjutant general has supervision of and is responsible for all the arms, ordnance, accouterments, equipment, and other military property that is issued to the state by the secretary of defense in compliance with law. The adjutant general shall prepare returns of such arms and other property of the United States at all times and in the manner requested by the secretary of defense.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10557; SDC 1939, § 41.0110; SL 2007, ch 187, § 110.
S.D. Codified Laws § 33A-2-37 — SD Code / Title 33A / Chapter 2 / Section 33A-2-37
Veterans’ benefits matter--Definitions
Status: in_force

For the purposes of §§ 33A-2-37 to 33A-2-42 , inclusive, terms mean:

(1) “Compensation,” any money, thing of value, or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by any person;

(2) “Veterans’ benefits matter,” the preparation, presentation, or prosecution of any claim affecting any individual who has filed, or has expressed an intent to file, a claim for any benefit, commodity, entitlement, function, program, service, or status, for which a veteran, a dependent of a veteran, a survivor of a veteran, or any other individual is eligible under the laws and regulations administered by the United States Department of Veterans Affairs or the South Dakota Department of Veterans Affairs.

Source: SL 2025, ch 133, § 1.
S.D. Codified Laws § 33-10-297 — SD Code / Title 33 / Chapter 10 / Section 33-10-297
Record of proceedings
Status: in_force

Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.

Source: SL 2012, ch 175, § 278.
S.D. Codified Laws § 33-10-118 — SD Code / Title 33 / Chapter 10 / Section 33-10-118
Continuances
Status: in_force

The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.

Source: SL 2012, ch 175, § 99.
S.D. Codified Laws § 33-10-210 — SD Code / Title 33 / Chapter 10 / Section 33-10-210
Appellate government counsel
Status: in_force

The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the state in the review or appeal of cases pursuant to § 33-10-209 and before any federal court when requested to do so by the state attorney general. Appellate government counsel shall be a member in good standing of the bar of the highest court of the state to which the appeal is taken.

Source: SL 2012, ch 175, § 191.
S.D. Codified Laws § 33-10-47 — SD Code / Title 33 / Chapter 10 / Section 33-10-47
Completion of sentence of court martial upon return from civil authority
Status: in_force

If delivery is made to any civil authority pursuant to § 33-10-46 of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to the place of original custody for the completion of the person's sentence.

Source: SL 2012, ch 175, § 28.
S.D. Codified Laws § 33-10-282 — SD Code / Title 33 / Chapter 10 / Section 33-10-282
Controlled substances defined
Status: in_force

The substances referred to in § 33-10-281 are the following:

(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance;

(2) Any substance not specified in subdivision (1) of this section that is listed on a schedule of controlled substances prescribed by the President for the purposes of the Uniform Code of Military Justice of the armed forces of the United States 10 U.S.C. § 801 et seq. as of January 1, 2012; and

(3) Any other substance not specified in subdivision (1) of this section or contained on a list prescribed by the President pursuant to subdivision (2) of this section that is listed in schedules I through V of article 202 of the Controlled Substances Act 21 U.S.C. § 812 as of January 1, 2012.

Source: SL 2012, ch 175, § 263.
S.D. Codified Laws § 33-10-72 — SD Code / Title 33 / Chapter 10 / Section 33-10-72
Enlisted member service on courts-martial
Status: in_force

Any enlisted member of the state military forces who is not a member of the same unit as the accused may serve on general and special courts-martial for the trial of any enlisted member subject to this code. However, that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge pursuant to § 33-10-116 prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the members could not be obtained. In this section, unit, means any regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.

Source: SL 2012, ch 175, § 53.
S.D. Codified Laws § 33-10-84 — SD Code / Title 33 / Chapter 10 / Section 33-10-84
Qualifications of counsel
Status: in_force

Except as provided in § 33-10-85 , trial counsel or defense counsel detailed for a general or special court-martial shall be:

(1) A judge advocate as defined in § 33-10-20 ; and

(2) In the case of trial counsel, a member in good standing of the bar of the highest court of the state where the court-martial is held.

Source: SL 2012, ch 175, § 65.
S.D. Codified Laws § 33-10-227 — SD Code / Title 33 / Chapter 10 / Section 33-10-227
Commitment of person incompetent to stand trial
Status: in_force

In the case of a person determined under this code to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for that person shall commit the person to the custody of the state attorney general.

Source: SL 2012, ch 175, § 208.
S.D. Codified Laws § 33A-5-15 — SD Code / Title 33A / Chapter 5 / Section 33A-5-15
Donation of land for state cemetery
Status: in_force

The State of South Dakota may accept the donation of a suitable amount of land from the city of Sioux Falls, South Dakota, for the purposes of establishing and maintaining a state veterans' cemetery in Minnehaha County.

Source: SL 2018, ch 201, § 5, eff. Mar. 23, 2018.
S.D. Codified Laws § 33-12-32 — SD Code / Title 33 / Chapter 12 / Section 33-12-32
Use of special militia fund--Appropriation
Status: in_force

The special militia fund, and funds accumulating therein, are hereby appropriated for the construction of facilities and the maintenance of the South Dakota National Guard.

Source: SL 1913, ch 267, § 10; SL 1917, ch 297, § 12; RC 1919, § 10564; SDC 1939, § 41.0117; SL 1955, ch 145, § 1.
S.D. Codified Laws § 33A-5-12 — SD Code / Title 33A / Chapter 5 / Section 33A-5-12
State veterans cemetery endowment fund
Status: in_force

The South Dakota State Veterans Cemetery endowment fund may be established within the South Dakota Community Foundation. The purpose of the endowment fund is to provide a fund for any person who wishes to contribute to the endowment fund to fund the construction and operation of the South Dakota State Veterans Cemetery. This fund shall be administered by the South Dakota Community Foundation. Any disbursements from this endowment fund shall be deposited into the fund created in § 33A-5-11 .

Source: SL 2018, ch 201, § 2, eff. Mar. 23, 2018.
S.D. Codified Laws § 33-10-268 — SD Code / Title 33 / Chapter 10 / Section 33-10-268
Misbehavior before the enemy
Status: in_force

Any person subject to this code who before or in the presence of the enemy:

(1) Runs away;

(2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the person's duty to defend;

(3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;

(4) Casts away the person's arms or ammunition;

(5) Is guilty of cowardly conduct;

(6) Quits the person's place of duty to plunder or pillage;

(7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces;

(8) Willfully fails to do the person's utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is the person's duty so to encounter, engage, capture, or destroy; or

(9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle;

Source: SL 2012, ch 175, § 249.
S.D. Codified Laws § 33-3-29 — SD Code / Title 33 / Chapter 3 / Section 33-3-29
Awards to outstanding members of guard authorized
Status: in_force

The adjutant general, from the funds appropriated for the support and maintenance of the national guard, shall procure and issue to the members and former members of the national guard, entitled thereto by reason of heroic and outstanding acts or accomplishments in connection with their service in the national guard of this state, decorations, medals, trophies, badges, ribbons, and awards, under such regulations and according to the design and pattern thereof, as may be determined by the adjutant general.

Source: SL 1961, ch 208.
S.D. Codified Laws § 33-10-300 — SD Code / Title 33 / Chapter 10 / Section 33-10-300
Prima facie evidence of authority to administer oath
Status: in_force

For the purposes of sections §§ 33-10-298 and 33-10-299 , the signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority.

Source: SL 2012, ch 175, § 281.
S.D. Codified Laws § 33-10-24 — SD Code / Title 33 / Chapter 10 / Section 33-10-24
Jurisdiction over deserters
Status: in_force

No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.

Source: SL 2012, ch 175, § 5.
S.D. Codified Laws § 33-10-288 — SD Code / Title 33 / Chapter 10 / Section 33-10-288
Conduct unbecoming an officer
Status: in_force

Any commissioned officer, cadet, candidate, or midshipman who is convicted of conduct unbecoming an officer shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 269.
S.D. Codified Laws § 33-12-33 — SD Code / Title 33 / Chapter 12 / Section 33-12-33
Disposition of rent authorized for armory
Status: in_force

If any organization of the National Guard erects or purchases an armory or assembly room, the annual rent of the armory or assembly room as authorized by this title, or allowed by the Governor, shall be paid into the treasury of the organization.

Source: SL 1917, ch 297, § 41; RC 1919, § 10601; SDC 1939, § 41.0152; SL 2007, ch 187, § 135.
S.D. Codified Laws § 33-5-17 — SD Code / Title 33 / Chapter 5 / Section 33-5-17
Discharges subject to state and federal law
Status: in_force

All discharges from the National Guard are subject to the provisions of this title, the applicable provisions of federal law, and the rules promulgated by the adjutant general pursuant to chapter 1-26 .

Source: SL 1917, ch 297, § 35; RC 1919, § 10595; SDC 1939, § 41.0147; SL 1986, ch 272, § 6; SL 2007, ch 187, § 63.
S.D. Codified Laws § 33A-2-30 — SD Code / Title 33A / Chapter 2 / Section 33A-2-30
Payment not subject to claims against recipient
Status: in_force

No right of payment of the bonus under §§ 33A-2-10 to 33A-2-33 , inclusive, is subject to moneys or credit taxation, claims of creditors, garnishment, or assignment, nor may the right of payment be deemed an asset, legal or equitable, of the estate of a deceased veteran.

Source: SL 1969, ch 173, § 10; SL 2007, ch 187, § 184; SDCL § 33-17-35; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-39 — SD Code / Title 33 / Chapter 10 / Section 33-10-39
Custody before notification of proper authority
Status: in_force

Sections 33-10-35 to 33-10-38 , inclusive, do not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

Source: SL 2012, ch 175, § 20.
S.D. Codified Laws § 33-10-185 — SD Code / Title 33 / Chapter 10 / Section 33-10-185
Waiver of right to make submission
Status: in_force

The accused may waive the right to make a submission to the convening authority as authorized by § 33-10-182 . Such a waiver shall be made in writing and may not be revoked. For the purposes of § 33-10-187 , the time within which the accused may make a submission under § 33-10-182 shall be deemed to have expired upon the submission of such a waiver to the convening authority.

Source: SL 2012, ch 175, § 166.
S.D. Codified Laws § 33-12-28 — SD Code / Title 33 / Chapter 12 / Section 33-12-28
Contracts governed by public agency procurement law--Exception for emergencies
Status: in_force

The provisions of chapters 5-18A , 5-18B , and 5-18D , governing contracts by public corporations, apply to contracts and purchases by the adjutant general and the Department of the Military. However, in case of insurrection, invasion, tumult, riot, breach of the peace, imminent danger thereof, or other great emergency, the Governor may, upon the certificate of the adjutant general, temporarily suspend the operation of law and direct the quartermaster general to purchase in the open market any necessary military property or supplies. The adjutant general shall report to the Governor the amount of property and supplies purchased and the prices paid.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10560; SDC 1939, § 41.0114; SL 1967, ch 172, § 1; SL 2007, ch 187, § 132; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011; SL 2011, ch 2, § 138.
S.D. Codified Laws § 33A-4-25 — SD Code / Title 33A / Chapter 4 / Section 33A-4-25
Eligibility for admission to State Veterans Home--Residency status
Status: in_force

A veteran, as defined by § 33A-2-1 , is eligible for admission to the State Veterans Home if the veteran is eligible for the payment of per diem for domiciliary care or nursing home care in a state home.

A veteran domiciled in this state within the past five years shall receive admission preference, contingent upon the veteran meeting all admission criteria. A veteran who is a member of a federally recognized Indian tribe located wholly or partially within the state shall receive admission preference, contingent upon the veteran meeting all admission criteria.

Residency status at the State Veterans Home is not affected because of a medical leave of absence either in a United States Department of Veterans Affairs facility or other hospital.

Source: SL 1911, ch 230, § 8; SL 1913, ch 325, § 8; SL 1915, ch 278; RC 1919, § 9955; SL 1921, ch 364; SL 1923, ch 270; SL 1925, ch 287, § 1; SL 1929, ch 225; SL 1937, ch 225; SDC 1939, § 41.0208; SL 1939, ch 155, § 1; SL 1941, ch 172; SL 1943, ch 145; SL 1945, ch 175; SL 1951, ch 211; SL 1959, ch 242, § 1; SL 1961, ch 206, § 1; SL 1970, ch 191, § 9; SL 1982, ch 254, § 6; SL 1987, ch 250, § 3; SL 2006, ch 175, § 1; § 33-18-22; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 19; SL 2015, ch 174, § 6, eff. Feb. 18, 2015; SL 2024, ch 125, § 1.
S.D. Codified Laws § 33-3-9 — SD Code / Title 33 / Chapter 3 / Section 33-3-9
Organization, equipment, and discipline of National Guard--Federal requirements
Status: in_force

The organization, armament, equipment, and discipline of the National Guard, except as specifically provided in this title, are the same as prescribed under the provisions of applicable federal law for the National Guard. To the extent that the provisions of federal law allow discretion, the Governor may issue orders governing the organization, armament, equipment, and discipline of the National Guard.

Source: SL 1917, ch 297, § 15; RC 1919, § 10567; SDC 1939, § 41.0120; SL 2007, ch 187, § 26.
S.D. Codified Laws § 33-10-304 — SD Code / Title 33 / Chapter 10 / Section 33-10-304
Military justice fund
Status: in_force

For the purposes of § 33-10-303 , there is created in the state treasury a fund to be designated the military justice fund that shall be administered by the adjutant general, from which expenses of military justice shall be paid in the amounts and manner as prescribed by law. The Legislature may appropriate and have deposited in the military justice fund such funds as it deems necessary to carry out the purposes of this code.

Source: SL 2012, ch 175, § 285.
S.D. Codified Laws § 33-10-254 — SD Code / Title 33 / Chapter 10 / Section 33-10-254
Absence without leave
Status: in_force

Any person subject to this code who, without authority:

(1) Fails to go to the person's appointed place of duty at the time prescribed;

(2) Goes from that place; or

(3) Absents himself or herself or remains absent from the person's unit, organization, or place of duty at which the person is required to be at the time prescribed;

Source: SL 2012, ch 175, § 235.
S.D. Codified Laws § 33-9-14 — SD Code / Title 33 / Chapter 9 / Section 33-9-14
Claims--Payment
Status: in_force

Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided the State of South Dakota pursuant to the compact, any liability of South Dakota pursuant to paragraph (f) of Article III of the compact shall be paid out of the general fund of South Dakota.

Source: SL 1969, ch 171, § 2.
S.D. Codified Laws § 33-10-163 — SD Code / Title 33 / Chapter 10 / Section 33-10-163
Limits of punishment
Status: in_force

The limits of punishment for violations of the punitive provision prescribed by this code shall be lesser of the sentences prescribed by the manual for courts-martial of the United States in effect at the time of the offense, and the state manual for courts-martial. However, in no instance may any punishment exceed that authorized by this code.

Source: SL 2012, ch 175, § 144; SL 2023, ch 109, § 16.
S.D. Codified Laws § 33-10-214 — SD Code / Title 33 / Chapter 10 / Section 33-10-214
Representation by civilian appellate counsel
Status: in_force

An accused may be represented by civilian appellate counsel at no expense to the state.

Source: SL 2012, ch 175, § 195.
S.D. Codified Laws § 33-9-13 — SD Code / Title 33 / Chapter 9 / Section 33-9-13
State service periods--Rights and benefits
Status: in_force

In accordance with paragraph (h) of Article III of the compact members of the National Guard Forces of South Dakota shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided by the State of South Dakota.

Source: SL 1969, ch 171, § 3.
S.D. Codified Laws § 33-10-161 — SD Code / Title 33 / Chapter 10 / Section 33-10-161
Cruel and unusual punishments prohibited
Status: in_force

Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment may not be adjudged by a court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

Source: SL 2012, ch 175, § 142.
S.D. Codified Laws § 33-10-150 — SD Code / Title 33 / Chapter 10 / Section 33-10-150
Conditions for finding of not guilty by reason of lack of mental responsibility
Status: in_force

Notwithstanding the provisions of § 33-10-155 , the accused shall be found not guilty only by reason of lack of mental responsibility if:

(1) A majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or

(2) In the case of a court-martial composed of a military judge only or a summary court-martial officer, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.

Source: SL 2012, ch 175, § 131.
S.D. Codified Laws § 33A-5-1 — SD Code / Title 33A / Chapter 5 / Section 33A-5-1
Authority of county veterans' service officer or field officer
Status: in_force

Upon notice to the county or tribal veterans' service officer or field officer of the Department of Veterans Affairs of the death within the county of a person entitled to burial benefits under this chapter, or at the officer's own initiative in a proper case, the veterans' service officer or field officer shall implement the provisions of this chapter in reference to the burial of the deceased.

Source: SL 1887, ch 151, § 3; CL 1887, § 2471; RPolC 1903, § 3239; RC 1919, § 9965; SDC 1939, § 41.0303; SL 1939, ch 156, § 3; SL 1941, ch 173, § 2; SL 1949, ch 155, § 2; SL 1961, ch 207; SL 1968, ch 160, § 2; SL 2007, ch 187, § 223; § 33-19-1 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 20.
S.D. Codified Laws § 33-10-240 — SD Code / Title 33 / Chapter 10 / Section 33-10-240
Principal defined
Status: in_force

Any person subject to this code who:

(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or

(2) Causes an act to be done which if directly performed by the person would be punishable by this code;

Source: SL 2012, ch 175, § 221.
S.D. Codified Laws § 33-3-13 — SD Code / Title 33 / Chapter 3 / Section 33-3-13
General efficiency of National Guard--Duty of adjutant general
Status: in_force

The adjutant general, by direction of the Governor, may cause members of the National Guard to perform any lawful military duty. The adjutant general is responsible to the Governor for the general efficiency of the National Guard and for the drill, instruction, inspection, small arms and artillery practice, movements, operations, and care of the troops.

Source: SL 1913, ch 267, § 35; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1; SL 2007, ch 187, § 29.
S.D. Codified Laws § 33-4-12 — SD Code / Title 33 / Chapter 4 / Section 33-4-12
Board of Examiners--Promulgation of rules
Status: in_force

The Governor may appoint and detail a board to be known as the Board of Examiners for the purpose of determining the fitness of officers of the National Guard and applicants for office, and for promotion of officers. The board shall promulgate rules pursuant to chapter 1-26 governing its procedure.

Source: SL 1917, ch 297, § 93; RC 1919, § 10653; SDC 1939, § 41.0199; SL 1986, ch 272, § 5; SL 2007, ch 187, § 44.
S.D. Codified Laws § 33-12-16 — SD Code / Title 33 / Chapter 12 / Section 33-12-16
Inspection of issued supplies--Repairs and replacements
Status: in_force

All military supplies issued to any officer of the National Guard are at all times subject to inspection by any officer designated by the Governor for that purpose, who shall report the true condition of the supplies. The Governor may at any time require repairs to be made or defects or losses supplied.

Source: SL 1903, ch 185, § 25; SL 1917, ch 297, § 27; RC 1919, § 10580; SDC 1939, § 41.0133; SL 2007, ch 187, § 121.
S.D. Codified Laws § 33A-4-21 — SD Code / Title 33A / Chapter 4 / Section 33A-4-21
Authority of secretary to administer property descending to it
Status: in_force

The secretary of veterans affairs may manage, sell, lease, or transfer property descending to the home pursuant to § 33A-4-16 or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things for the protection, preservation, and management of such property.

Source: SDC 1939, § 41.0215 as added by SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1989, ch 286, § 12; § 33-18-18; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-38 — SD Code / Title 33 / Chapter 10 / Section 33-10-38
Probable cause to arrest or confine
Status: in_force

No person may be ordered into arrest or confinement except for probable cause.

Source: SL 2012, ch 175, § 19.
S.D. Codified Laws § 33-14-5 — SD Code / Title 33 / Chapter 14 / Section 33-14-5
Composition of state guard--Uniform
Status: in_force

The South Dakota State Guard shall be composed of officers commissioned or assigned, and such able - bodied male citizens of the state as shall volunteer for service therein, supplemented, if necessary, by men of the militia enrolled by draft or otherwise as provided by law. Such forces may be uniformed if so directed by the Governor and funds are available for the purpose.

Source: SL 1941, ch 174, § 1; SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01.
S.D. Codified Laws § 33-12-21 — SD Code / Title 33 / Chapter 12 / Section 33-12-21
Exemption of property from taxation
Status: in_force

All property belonging to any organization of the National Guard is exempt from taxation or assessment for any purpose.

Source: SL 1887, ch 100, § 62; CL 1887, § 1978; RPolC 1903, § 2515; SL 1903, ch 185, § 38; SL 1917, ch 297, § 41; RC 1919, § 10601; SDC 1939, § 41.0152; SL 2007, ch 187, § 126.
S.D. Codified Laws § 33-11A-5 — SD Code / Title 33 / Chapter 11A / Section 33-11A-5
Donations become state property
Status: in_force

All property donated to the museum without conditions or restraints is state property.

Source: SL 1982, ch 253, § 6.
S.D. Codified Laws § 33-9-8 — SD Code / Title 33 / Chapter 9 / Section 33-9-8
Response to disasters--Suppression of riots--Duty to obey civilian officials
Status: in_force

An armed force may be called out to respond to public disaster resulting from flood, conflagration, or tornado, or for the purpose of suppressing any tumult or riot, or for the purpose of dispersing any group of persons that is acting together by force with intent to commit any felony or to offer violence to persons or property, or that is acting with intent by force or violence to resist or oppose the execution of the laws of this state. Upon arrival at the place of such unlawful, riotous, or tumultuous assembly, the armed force shall obey any orders by the Governor for suppressing the riot or tumult or for dispersing and arresting all persons who are committing any such offenses. The armed force shall also obey any such orders from any judge of a court of record, or from the sheriff of the county, and also any further orders for such purposes from any two of the magistrates or other officers mentioned in this section.

Source: SL 1917, ch 297, § 71; RC 1919, § 10631; SDC 1939, § 41.0179; SL 2007, ch 187, § 83.
S.D. Codified Laws § 33-10-191 — SD Code / Title 33 / Chapter 10 / Section 33-10-191
Matters considered at proceeding in revision
Status: in_force

A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused. In no case, however, may a proceeding in revision:

(1) Reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2) Reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or

(3) Increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.

Source: SL 2012, ch 175, § 172.
S.D. Codified Laws § 33-11A-1 — SD Code / Title 33 / Chapter 11A / Section 33-11A-1
National guard museum and state weapons collection authorized
Status: in_force

To accomplish the preservation of military records, banners, and relics of the state required by S.D. Const., Art. XV, § 6, the adjutant general may establish a South Dakota National Guard Museum and state weapons collection.

Source: SL 1982, ch 253, § 1.
S.D. Codified Laws § 33-12-17 — SD Code / Title 33 / Chapter 12 / Section 33-12-17
Trafficking in property prohibited--Seizure from unauthorized person
Status: in_force

The clothing, arms, military outfits, accouterments, and stores furnished by the State of South Dakota or the United States to the National Guard may not be sold, bartered, exchanged, pledged, or given away, and the possession of any such property by any person not a member of the National Guard is prima facie evidence of such sale, barter, exchange, pledge, or theft. The property may be seized and taken from any person not authorized to keep the property by any soldier, officer, civil or military, of the state. The property shall then be delivered to any officer of the state authorized to receive the property.

Source: SL 1887, ch 100, § 67; CL 1887, § 1983; SL 1903, ch 185, § 74; SL 1911, ch 193, § 2; SL 1917, ch 297, § 75; RC 1919, § 10635; SDC 1939, § 41.0183; SL 2007, ch 187, § 122.
S.D. Codified Laws § 33-10-128 — SD Code / Title 33 / Chapter 10 / Section 33-10-128
Absence from territory excluded in computing limitation period
Status: in_force

Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in § 33-10-126 .

Source: SL 2012, ch 175, § 109.
S.D. Codified Laws § 33-10-26 — SD Code / Title 33 / Chapter 10 / Section 33-10-26
Extraterritorial jurisdiction
Status: in_force

Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.

Source: SL 2012, ch 175, § 7.
S.D. Codified Laws § 33-10-289 — SD Code / Title 33 / Chapter 10 / Section 33-10-289
Disorder and neglect--Conduct discrediting state military forces
Status: in_force

Though not specifically mentioned in this code, any disorder and neglect to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court.

Source: SL 2012, ch 175, § 270.
S.D. Codified Laws § 33-9-15 — SD Code / Title 33 / Chapter 9 / Section 33-9-15
National Guard Mutual Assistance Counter-drug Activities Compact--Enactment--Text of Compact
Status: in_force

The National Guard Mutual Assistance Counter - drug Activities Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining therein, in form substantially as follows:

The purposes of this compact are:

(A) To provide for mutual assistance and support among the party states in the utilization of the national guard in drug interdiction, counter - drug, and demand reduction activities;

(B) To permit the national guard of this state to enter into mutual assistance and support agreements, on the basis of need, with one or more law enforcement agencies operating within this state for activities within this state, or with a national guard of one or more other states, whether said activities are within or without this state, in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counter - drug activities, and demand reduction;

(C) To permit the national guard of this state to act as a receiving and responding state as defined within this compact and to ensure the prompt and effective delivery of national guard personnel, assets, and service to agencies or areas that are in need of increased support and presence;

(D) To permit and encourage a high degree of flexibility in the deployment of national guard forces in the interest of efficiency;

(E) To maximize the effectiveness of the national guard in those situations which call for its utilization under this compact;

(F) To provide protection for the rights of national guard personnel when performing duties in other states in counter - drug activities; and

(G) To ensure uniformity of state laws in the area of national guard involvement in interstate counter - drug activities by incorporating said uniform laws within the compact.

(A) This compact shall go into force when enacted into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(B) Any party state may withdraw from this compact by enacting a statute repealing the compact, but no such withdrawal may take effect until one year after the Governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states.

(A) As used in this compact, the following terms mean:

(1) "Drug interdiction and counter - drug activities," the use of national guard personnel, while not in federal service, in any law enforcement support activities that are intended to reduce the supply or use of illegal drugs in the United States. These activities include, but are not limited to:

(a) Providing information obtained during either the normal course of military training or operations or during counter - drug activities to federal, state, or local law enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of such officials;

(b) Making available any equipment (including associated supplies or spare parts), base facilities or research facilities of the national guard to any federal, state, or local civilian law enforcement official for law enforcement purposes, in accordance with other applicable law or regulation;

(c) Providing available national guard personnel to train federal, state, or local civilian law enforcement in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable law;

(d) Providing available national guard personnel to operate and maintain equipment provided to federal, state, or local law enforcement officials pursuant to activities defined and referred to in this compact;

(e) Operating and maintaining equipment and facilities of the national guard or law enforcement agencies used for the purposes of drug interdiction and counter - drug activities;

(f) Providing available national guard personnel to operate equipment for the detection, monitoring, and communication of the movement of air, land, and sea traffic, to facilitate communications in connection with law enforcement programs, to provide transportation for civilian law enforcement personnel and to operate bases of operations for civilian law enforcement personnel;

(g) Providing available national guard personnel, equipment, and support for administrative, interpretive, analytic, or other purposes; and

(h) Providing available national guard personnel and equipment to aid federal, state, and local officials and agencies otherwise involved in the prosecution or incarceration of individuals processed within the criminal justice system who have been arrested for criminal acts involving the use, distribution, or transportation of controlled substances as defined in 21 U.S.C. § 801 et seq. as in effect on July 1, 1993, or otherwise by law, in accordance with other applicable law;

(2) "Demand reduction," providing available national guard personnel, equipment, support, and coordination to federal, state, local, and civic organizations, institutions, and agencies for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs;

(3) "Requesting state," a state whose governor requested assistance in the area of counter - drug activities;

(4) "Responding state," a state furnishing assistance, or requested to furnish assistance, in the area of counter - drug activities;

(5) "Law enforcement agency," a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime and the enforcement of penal, traffic, regulatory, game, immigration, postal, customer, or controlled substances laws;

(6) "Official," an appointed, elected, designated or otherwise duly selected representative or an agency, institution, or organization authorized to conduct those activities for which support is requested;

(7) "Mutual assistance and support agreement" or "agreement," an agreement between the national guard of this state and one or more law enforcement agencies or between the national guard of this state and the national guard of one or more other states, consistent with the purposes of the compact;

(8) "Party state," a state that has lawfully enacted this compact; and

(9) "State," any of the several states of the United States, the District of Columbia, the commonwealth of Puerto Rico, or a territory or possession of the United States;

(B) Upon the request of a governor of a party state for assistance in the area of drug interdiction, counter - drug, and demand reduction activities, the Governor has authority under this compact to send without the border of this state and place under the temporary operational control of the appropriate national guard or other military authorities of the requesting state, for the purpose of providing such requested assistance, all or any part of the national guard forces of this state as he may deem necessary, and the exercise of his discretion in this regard shall be conclusive.

(C) The Governor may, within his discretion, withhold the national guard forces of this state from such use and recall any forces or part or member thereof previously deployed in a requesting state.

(D) The national guard of this state is hereby authorized to engage in counter - drug activities and demand reduction.

(E) The adjutant general of this state, in order to further the purposes of this compact, may enter into a mutual assistance and support agreement with one or more law enforcement agencies operating within this state, including federal law enforcement agencies operating in state, or with the national guard or one or more other party states to provide personnel, assets, and services in the area of counter - drug activities and demand reduction provided that any party to the agreement is not specifically prohibited by law to perform said activities.

(F) The agreement must set forth the powers, rights, and obligations of the parties to the agreement, where applicable, as follows:

(1) Its duration;

(2) The organization, composition, and nature of any separate legal entity created thereby;

(3) The purpose of the agreement;

(4) The manner of financing the agreement and establishing and maintaining its budget;

(5) The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;

(6) Provision for administering the agreement, which may include creation of a joint board responsible for such administration;

(7) The manner of acquiring, holding, and disposing of real and personal property used pursuant to the agreement, if necessary;

(8) The minimum standards for national guard personnel implementing the provisions of the agreement;

(9) The minimum insurance required of each party to the agreement, if necessary;

(10) The chain of command or delegation of authority to be followed by national guard personnel acting under the provisions of the agreement;

(11) The duties and authority that the national guard personnel of each party state may exercise; and

(12) Any other necessary and proper matters.

(G) As a condition precedent to an agreement becoming effective under this part, the agreement shall be submitted to and receive the approval of the Office of the Attorney General. The attorney general may delegate his approval authority to the appropriate attorney for the national guard subject to those conditions which he deems appropriate. Said delegation shall be in writing and subject to the following:

(1) The attorney general, or his agent in the national guard as stated above, shall approve an agreement submitted to him under this part unless he finds that it is not in proper form, does not meet the requirements set forth in this part, or otherwise does not conform to the laws of South Dakota. If the attorney general disapproves an agreement, he shall provide a written explanation to the adjutant general of the national guard; and

(2) If the attorney general, or his authorized agent as stated above, does not disapprove an agreement within thirty days after its submission to him, it shall be deemed approved by him.

(H) Whenever national guard forces of any party state are engaged in the performance of duties in the area of drug interdiction, counter - drug, and demand reduction activities pursuant to orders, they shall not be held personally liable for any acts or omissions which occur during the performance of such duty.

(A) Nothing in this compact may be construed as a waiver of any benefits, privileges, immunities, or rights otherwise provided for national guard personnel performing duty pursuant to Title 32 of the United States Code, nor shall anything in this compact be construed as a waiver of coverage provided for under the Federal Tort Claims Act. In the event that national guard personnel performing counter - drug activities do not receive rights, benefits, privileges, and immunities otherwise provided for national guard personnel as stated herein, the following provisions apply:

(1) Whenever national guard forces of any responding state are engaged in another state in carrying out the purposes of this compact, the members thereof so engaged shall have the same power, duties, rights, privileges, and immunities as members of national guard forces of the requesting state. The requesting state shall save and hold members of the national guard forces of this responding state harmless from civil liability, except as otherwise provided herein, for acts or omissions which occur in the performance of those member's duty while engaged in carrying out the purposes of this compact, whether such responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control;

(2) Subject to the provisions of paragraphs (3), (4), and (5) of this article, all liability that may arise under the laws of the requesting state of this responding state on account of or in connection with a request for assistance or support, shall be assumed and borne by the requesting state;

(3) If as a responding state, this state is rendering aid or assistance pursuant to this compact, it shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid, and for the cost of the materials, transportation, and maintenance of national guard personnel and equipment incurred in connection with such request, provided that nothing herein constrained shall prevent any responding state from assuming such loss, damage, expense, or other cost;

(4) Unless there is a written agreement to the contrary, each party shall provide, in the same amounts and manner as if they were on duty within their state, for pay and allowances of the personnel of its national guard units while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact; and

(5) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its national guard forces if such members sustain injuries or are killed within their own state, providing such requested assistance, shall provide for their payment of compensation and death benefits in the same manner and on the same terms in the event such members sustain injury or are killed while rendering assistance or support pursuant to this compact. Such benefits and compensation shall be deemed items of expense reimbursable pursuant to paragraph 3 of this article.

(B) Officer and enlisted personnel of the national guard performing duties subject to proper orders pursuant to this compact shall be subject to and governed by the provisions of their home state code of military justice whether they are performing duties within or without their home state. If any national guard member commits or is suspected of committing a criminal offense while performing duties pursuant to this compact without his home state, he may be returned immediately to his home state and he may be subject to disciplinary action to be taken. However, nothing in this section shall abrogate the general criminal jurisdiction of the state in which the offense occurred.

Nothing in this compact shall be construed to prevent the Governor from delegating any of his responsibilities or authority respecting the national guard, providing that such delegation is otherwise in accordance with law. For purposes of this compact, however, the Governor shall not delegate the power to request assistance from another state.

Nothing in this compact may:

(1) Authorize or permit national guard units or personnel to be placed under the operational control of any person not having the national guard rank or status required by law for the command in question; or

(2) Deprive a properly convened court of jurisdiction over an offense of a defendant merely because of the fact that the national guard, while performing duties pursuant to this compact, was utilized in achieving an arrest or indictment.

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

Source: SL 1994, ch 269.
S.D. Codified Laws § 33-15-8.2 — SD Code / Title 33 / Chapter 15 / Section 33-15-8.2
Powers and duties of workers from sending political subdivision
Status: in_force

Any emergency management worker on duty in a receiving political subdivision has the same powers, duties, rights, privileges, and immunities as if the worker was performing like services in the sending political subdivision and is considered to be acting within the scope and in the course of the worker's regular employment, as an employee of the sending political subdivision.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1; SL 1977, ch 271, § 36; SL 1992, ch 236, § 3.
S.D. Codified Laws § 33A-2-2 — SD Code / Title 33A / Chapter 2 / Section 33A-2-2
Wartime veteran and qualifying military service defined
Status: in_force

For purposes of all statutes relating to rights, privileges, exemptions, and benefits of wartime veterans and their dependents, the term, wartime veteran, means any veteran who has performed qualifying military service or any person who has performed qualifying military service and then been released to any National Guard or Reserve component of the armed forces of the United States. Qualifying military service is:

(1) Active duty in the armed forces of the United States for one day or more during the period from April 6, 1917, to November 11, 1918, inclusive;

(2) Active duty for one day or more during the period from July 28, 1914, to November 11, 1918, inclusive, performed by a citizen of the United States in the armed forces of any nation that was allied with the United States during any part of the period from April 6, 1917, to November 11, 1918, inclusive;

(3) Active duty in the armed forces of the United States for one day or more during the period from December 7, 1941, to December 31, 1946, inclusive;

(4) Active duty for one day or more during the period from September 1, 1939, to December 31, 1946, inclusive, performed by a citizen of the United States in the armed forces of any nation that was allied with the United States during any part of the period from December 7, 1941, to December 31, 1946, inclusive;

(5) Active duty in the armed forces of the United States for one day or more during the period from June 25, 1950, to May 7, 1975, inclusive;

(6) Active duty in the armed forces of the United States for one day or more during the period from August 2, 1990, until the end of hostilities as determined by the Legislature;

(7) Active duty in the armed forces of the United States for one day or more in a military action for which the veteran earned an armed forces expeditionary medal or other United States campaign, expeditionary, or service medal awarded for participation outside the boundaries of the United States in combat operations against hostile forces; or

(8) Active duty in the armed forces of the United States for one day or more if the veteran has established the existence of a service-connected disability.

Service on active duty by any Reserve or National Guard personnel for training may not be construed as service on active duty, unless the Department of Veterans Affairs determines, by rules promulgated pursuant to chapter 1-26 , that such training involved the person in direct participation in or direct support of combat operations against a hostile force.

Source: SL 1967, ch 174, § 2; SL 1970, ch 194, § 2; SL 1976, ch 30, § 3; SL 1980, ch 236; SL 1990, ch 266; SL 1992, ch 237, § 1; SL 2003, ch 175, § 1; SL 2004, ch 224, § 1; SL 2007, ch 187, § 161; SDCL § 33-17-2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 14; SL 2020, ch 140, § 3.
S.D. Codified Laws § 33-11A-3 — SD Code / Title 33 / Chapter 11A / Section 33-11A-3
Museum board--Appointment by adjutant general
Status: in_force

The adjutant general may appoint a museum board to supervise and coordinate the activities of the museum and collection. The members shall serve without reimbursement and at the pleasure of the adjutant general. The board may adopt rules pursuant to chapter 1-26 for the operation and control of the museum and its contents.

Source: SL 1982, ch 253, § 3.
S.D. Codified Laws § 33A-5-17 — SD Code / Title 33A / Chapter 5 / Section 33A-5-17
State cemetery grant application
Status: in_force

The secretary of veterans affairs shall submit a state cemetery grant application to the National Cemetery Administration as provided in 38 CFR 39.31 and to contract for the design, construction, equipping, and any other action that may be required to provide for a state veterans cemetery in Minnehaha County, South Dakota, at an estimated cost of six million dollars.

Source: SL 2018, ch 201, § 7, eff. Mar. 23, 2018.
S.D. Codified Laws § 33-10-80 — SD Code / Title 33 / Chapter 10 / Section 33-10-80
Military judge may not be accuser, witness, investigator, or counsel
Status: in_force

No person may act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.

Source: SL 2012, ch 175, § 61.
S.D. Codified Laws § 33-10-171 — SD Code / Title 33 / Chapter 10 / Section 33-10-171
Hard labor
Status: in_force

The omission of hard labor as a sentence authorized under this code does not deprive the state confinement facility from employing it, if it otherwise is within the authority of that facility to do so.

Source: SL 2012, ch 175, § 152.
S.D. Codified Laws § 33-10-50 — SD Code / Title 33 / Chapter 10 / Section 33-10-50
Commanding officer's non-judicial punishment
Status: in_force

Under such regulations as prescribed, any commanding officer (and for purposes of this section, officers-in-charge) may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The Governor, the adjutant general, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who is a member of the state military forces.

Source: SL 2012, ch 175, § 31.
S.D. Codified Laws § 33A-4-26 — SD Code / Title 33A / Chapter 4 / Section 33A-4-26
Admission of spouses--Conditions--Resident status not affected by death or marriage
Status: in_force

The spouse of any veteran who is eligible to become a resident of the State Veterans Home, may be admitted with the veteran if they have been married and living together for at least one year preceding application for admission and if their combined income does not exceed four hundred dollars per year above the maximum income limitation allowable for pension benefits as determined by the Veterans Administration. Or, a spouse may be admitted if the veteran, otherwise eligible to admission, is institutionalized for physical or mental disability, if the spouse has been married to the veteran spouse for at least one year. Resident status is not affected by the death of a spouse or by marriage between residents of the home.

Source: SL 1921, ch 364; SL 1923, ch 270; SL 1925, ch 287, § 2; SL 1927, ch 207, § 1; SL 1929, ch 224, § 1; SDC 1939, § 41.0208; SL 1939, ch 155, § 1; SL 1941, ch 172; SL 1943, ch 145; SL 1945, ch 175; SL 1951, ch 211; SL 1959, ch 242, § 1; SL 1961, ch 206, § 1; SL 1970, ch 191, § 10; SL 2007, ch 187, § 219; § 33-18-23; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 24.
S.D. Codified Laws § 33-10-127 — SD Code / Title 33 / Chapter 10 / Section 33-10-127
Unauthorized absence excluded in computing limitation period
Status: in_force

Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in § 33-10-126 .

Source: SL 2012, ch 175, § 108.
S.D. Codified Laws § 33-10-36 — SD Code / Title 33 / Chapter 10 / Section 33-10-36
Arrest or confinement of enlisted member
Status: in_force

An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.

Source: SL 2012, ch 175, § 17.
S.D. Codified Laws § 33-10-252 — SD Code / Title 33 / Chapter 10 / Section 33-10-252
Desertion by commissioned officer
Status: in_force

Any commissioned officer of the state military forces who, after tender of the officer's resignation and before notice of its acceptance, quits the officer's post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

Source: SL 2012, ch 175, § 233.
S.D. Codified Laws § 33A-5-2 — SD Code / Title 33A / Chapter 5 / Section 33A-5-2
Payment for burial of veteran--Eligibility of veteran or spouse for burial at state's expense
Status: in_force

The state shall pay a sum not to exceed one hundred dollars for the burial of a veteran. Any veteran as defined by § 33A-2-1 or the veteran's spouse shall be buried at the expense of the state if:

(1) The veteran was a citizen of the United States and a resident of South Dakota for one year preceding the veteran's entrance into military service or preceding the veteran's death;

(2) The veteran's estate or the estate of the veteran's spouse, whether living or deceased, or the immediate family or relatives of the veteran or the veteran's spouse are unable to defray the expenses of the veteran's or the veteran's spouse's funeral; and

(3) The surviving spouse or relatives of the deceased veteran furnish an affidavit acceptable to the county or tribal veterans' service officer or field officer of the Department of Veterans Affairs that the estate of the decedent or of his or her surviving spouse is not sufficient to defray the funeral expenses.

A claim for payment or reimbursement of the burial shall be filed or presented to the Department of Veterans Affairs within one year of the date of the burial.

Source: SL 1887, ch 151, § 1; CL 1887, § 2469; RPolC 1903, § 3237; RC 1919, § 9963; SL 1920 (SS), ch 83; SL 1923, ch 272; SL 1927, ch 191; SL 1931, ch 226; SDC 1939, § 41.0301; SL 1939, ch 156, § 1; SL 1941, ch 173, § 1; SL 1943, ch 146; SL 1949, ch 155, § 1; SL 1951, ch 213; SL 1968, ch 160, § 1; SL 1976, ch 208, § 1; SL 1986, ch 27, § 19; SL 2007, ch 187, § 224; § 33-19-2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 21; SL 2018, ch 199, § 10.
S.D. Codified Laws § 33-10-141 — SD Code / Title 33 / Chapter 10 / Section 33-10-141
Oral and written depositions
Status: in_force

At any time after charges have been signed as provided in § 33-10-95 , any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.

Source: SL 2012, ch 175, § 122.
S.D. Codified Laws § 33-10-221 — SD Code / Title 33 / Chapter 10 / Section 33-10-221
Remission and suspension
Status: in_force

Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor. The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.

Source: SL 2012, ch 175, § 202.
S.D. Codified Laws § 33-10-142 — SD Code / Title 33 / Chapter 10 / Section 33-10-142
Notice of deposition
Status: in_force

The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

Source: SL 2012, ch 175, § 123.
S.D. Codified Laws § 33-10-176 — SD Code / Title 33 / Chapter 10 / Section 33-10-176
Sentences subject to forfeiture of pay and allowances
Status: in_force

A sentence covered by § 33-10-175 is any sentence that includes:

(1) Confinement for more than six months; or

(2) Confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.

Source: SL 2012, ch 175, § 157.
S.D. Codified Laws § 33-3-12 — SD Code / Title 33 / Chapter 3 / Section 33-3-12
Applicability of federal regulations
Status: in_force

The South Dakota National Guard is subject to this title and all orders authorized by this title and rules promulgated pursuant to this title in accordance with the provisions of chapter 1-26 . In all matters not specifically covered by this title or by such orders or rules, the National Guard is subject to the applicable regulations of the Department of Defense governing the organized militia and the National Guard, to the Uniform Code of Military Justice, and to the applicable regulations of the armed forces of the United States.

Source: SL 1887, ch 100, §§ 35, 36; CL 1887, §§ 1951, 1952; RPolC 1903, § 2490; SL 1917, ch 297, § 84; RC 1919, § 10644; SDC 1939, § 41.0191; SL 1986, ch 272, § 3; SL 2007, ch 187, § 28.
S.D. Codified Laws § 33-10-107 — SD Code / Title 33 / Chapter 10 / Section 33-10-107
Contents of judge advocate's statement--Reference for trial
Status: in_force

The advice of the judge advocate pursuant to § 33-10-106 with respect to a specification under a charge shall include a written and signed statement by the judge advocate:

(1) Expressing conclusions with respect to each matter set forth in § 33-10-106 ; and

(2) Recommending action that the convening authority take regarding the specification.

If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.

Source: SL 2012, ch 175, § 88.
S.D. Codified Laws § 33A-4-7 — SD Code / Title 33A / Chapter 4 / Section 33A-4-7
Salary and residence of superintendent
Status: in_force

The superintendent of the State Veterans' Home shall receive a salary to be fixed by the secretary of veterans affairs. The superintendent may reside at the home, and under the direction of the secretary of veterans affairs shall have charge of the local management and supervision of the institution.

Source: SL 1889, ch 114, § 18; SL 1895, ch 169, § 3; RPolC 1903, § 618; SL 1905, ch 157, § 6; SL 1911, ch 230, § 7; SL 1913, ch 325, § 7; RC 1919, § 9954; SL 1923, ch 269; SDC 1939, § 41.0207; SL 1980, ch 237; SL 1989, ch 286, § 4; § 33-18-5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-13-8 — SD Code / Title 33 / Chapter 13 / Section 33-13-8
State sponsorship--Expenditure of state funds prohibited
Status: in_force

Any payment made to the State of South Dakota pursuant to § 33-13-7 is considered as state sponsorship, but the expenditure of any state funds in connection with activities authorized by § 33-13-7 is prohibited.

Source: SL 1970, ch 192, § 2; SL 2007, ch 187, § 137.
S.D. Codified Laws § 33-10-173 — SD Code / Title 33 / Chapter 10 / Section 33-10-173
Reduction of enlisted member pay grade
Status: in_force

A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:

(1) A dishonorable or bad-conduct discharge; or

(2) Confinement;

Source: SL 2012, ch 175, § 154.
S.D. Codified Laws § 33-4-10 — SD Code / Title 33 / Chapter 4 / Section 33-4-10
Issuance of commissions--Filing of oath
Status: in_force

The Governor shall issue commissions to all officers of the National Guard appointed by the Governor. Every commission shall be signed by the Governor and attested by the adjutant general. Each officer so commissioned shall take and file with the adjutant general the oath of office prescribed in § 33-4-9 .

Source: SL 1917, ch 297, § 30; RC 1919, § 10584; SDC 1939, § 41.0136; SL 2007, ch 187, § 42.
S.D. Codified Laws § 33-2-2 — SD Code / Title 33 / Chapter 2 / Section 33-2-2
Composition of militia--National Guard and unorganized militia
Status: in_force

The militia of the state consists of all able-bodied qualified residents of the state, and those nonresidents who are accepted into service, who are within the age limits currently authorized by the Department of Defense for enlisted personnel in the active components of the United States armed forces. The militia is divided into two classes: the National Guard and the unorganized militia.

Source: PolC 1877, ch 30, § 1; SL 1887, ch 100, § 1; CL 1887, § 1917; RPolC 1903, § 2459; SL 1903, ch 185, § 2; SL 1913, ch 267, § 2; SL 1917, ch 297, § 2; RC 1919, § 10549; SDC 1939, § 41.0102; SL 1947, ch 180, § 1; SL 2007, ch 187, § 12.
S.D. Codified Laws § 33-10-162 — SD Code / Title 33 / Chapter 10 / Section 33-10-162
Maximum sentence--Felony and misdemeanor--Noncriminal conviction
Status: in_force

The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this code, but in no instance may a sentence exceed more than ten years for a military offense, nor may a sentence of death be adjudged. A conviction by general court-martial of any military offense for which an accused may receive a sentence of confinement for more than one year is a felony offense. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a summary court-martial is not a criminal conviction.

Source: SL 2012, ch 175, § 143.
S.D. Codified Laws § 33A-2-21 — SD Code / Title 33A / Chapter 2 / Section 33A-2-21
Funds for payment of bonus
Status: in_force

The Legislature finds and declares the bonus provided under §§ 33A-2-10 to 33A-2-33 , inclusive, shall be paid as soon as this state has adequate and sufficient funds to do so. There are hereby authorized such sums of money as are necessary to pay the bonus and to be appropriated by subsequent sessions of the Legislature or to be otherwise paid as provided by law.

Source: SL 1969, ch 173, § 6; SL 1991, ch 268; SL 2007, ch 187, § 175; SDCL § 33-17-26; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 6.
S.D. Codified Laws § 33-10-32 — SD Code / Title 33 / Chapter 10 / Section 33-10-32
Quelling of or apprehension for quarrels, frays, and disorders
Status: in_force

Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.

Source: SL 2012, ch 175, § 13.
S.D. Codified Laws § 33-6-5 — SD Code / Title 33 / Chapter 6 / Section 33-6-5
Member tuition benefit--Board of Regents undergraduate degree programs--Limitations
Status: in_force

Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7 , entitled to a benefit as prescribed by this section and § 33-6-5.2 to attend and pursue any undergraduate course or courses in any state educational institution under the control and management of the Board of Regents. Any member of the South Dakota National Guard who is a resident of the state is entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. Any member of the South Dakota National Guard who is not a resident of the state is entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost. The benefits established under §§ 33-6-5 to 33-6-8 , inclusive, may not exceed one hundred twenty-eight credit hours towards a baccalaureate degree.

Source: SL 1975, ch 147, § 1; SL 2004, ch 220, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, § 12; SL 2023, ch 110, § 1.
S.D. Codified Laws § 33-1-2.1 — SD Code / Title 33 / Chapter 1 / Section 33-1-2.1
Office continued in Department of the Military
Status: in_force

The Office of the Adjutant General and all other powers, duties, and functions of the adjutant general shall continue in the Department of the Military.

Source: SL 1973, ch 2, § 270; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 138, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-201 — SD Code / Title 33 / Chapter 10 / Section 33-10-201
Review by senior force judge advocate
Status: in_force

Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the state's senior force judge advocate. The state's senior force judge advocate may not review a case under this section if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The state's senior force judge advocate's review shall be in writing and shall contain the following:

(1) Conclusions as to whether:

(a) The court had jurisdiction over the accused and the offense;

(b) The charge and specification stated an offense; and

(c) The sentence was within the limits prescribed as a matter of law;

(2) A response to each allegation of error made in writing by the accused; and

(3) If the case is sent for action pursuant to § 33-10-202 , a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

Source: SL 2012, ch 175, § 182.
S.D. Codified Laws § 33A-4-11 — SD Code / Title 33A / Chapter 4 / Section 33A-4-11
Permanent fund for use of State Veterans Home--Authorized expenditures--Procedure
Status: in_force

The permanent incidental fund heretofore provided for the use of the State Veterans Home is hereby continued. The fund is kept and used by the State Veterans Home for the payment of bills for freight, express, mileage, postage, and such other incidental expense of the home as require immediate payment pending the issuance of an auditor's warrant upon the state treasury therefor, and for no other purpose whatever. In each case where the payment is made, the amount must be returned to the permanent incidental fund immediately upon the receipt of the state auditor's warrant covering the bill for which the expenditure was made.

Source: SL 1931, ch 230, §§ 1, 2; SDC 1939, § 41.0213; SL 1967, ch 176; § 33-18-9; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 12.
S.D. Codified Laws § 33A-5-9 — SD Code / Title 33A / Chapter 5 / Section 33A-5-9
Conditions for county payment of burial expense
Status: in_force

Any county may pay burial expense of persons described in § 33A-5-7 for any such burial if the person dies in the county or has legal residence in the county at the time of death and if the relatives or friends of the deceased furnish affidavits acceptable to a circuit judge for the county that the estate of the decedent is not sufficient to defray the funeral expense.

Source: SL 1927, ch 192; SL 1929, ch 226, § 2; SDC 1939, § 12.1912; SL 1943, ch 31; SL 2007, ch 187, § 230; § 33-19-10; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 25.
S.D. Codified Laws § 33-10-22 — SD Code / Title 33 / Chapter 10 / Section 33-10-22
Subject matter jurisdiction--Primary jurisdiction
Status: in_force

Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force. Courts-martial have primary jurisdiction of military offenses as defined in § 33-10-20 . A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.

Source: SL 2012, ch 175, § 3.
S.D. Codified Laws § 33A-5-14 — SD Code / Title 33A / Chapter 5 / Section 33A-5-14
Annual report of veterans council
Status: in_force

The South Dakota Veterans Council shall report annually to the Joint Committee on Appropriations on the balance of the South Dakota Veterans Cemetery endowment fund.

Source: SL 2018, ch 201, § 4, eff. Mar. 23, 2018.
S.D. Codified Laws § 33-10-255 — SD Code / Title 33 / Chapter 10 / Section 33-10-255
Missing movement
Status: in_force

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which the person is required in the course of duty to move shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 236.
S.D. Codified Laws § 33-1-7 — SD Code / Title 33 / Chapter 1 / Section 33-1-7
Cooperation with and from other departments
Status: in_force

Power is hereby vested in the adjutant general to secure data or information, or to procure assistance from the other departments, and a duty is hereby imposed upon the department upon which this demand is made, to make such power effective.

Source: SL 1955, ch 150, § 9; SDC Supp 1960, § 41.01A09.
S.D. Codified Laws § 33-1-1 — SD Code / Title 33 / Chapter 1 / Section 33-1-1
Definitions
Status: in_force

Terms used in chapters 33-1 to 33-14 , inclusive, mean:

(1) "Armed forces," includes the United States Army, the United States Navy, the United States Marine Corps, and the United States Air Force;

(2) "Department of Defense," the Department of Defense, the Department of the Army, Department of the Navy, or the Department of the Air Force, as appropriate under the laws of the United States;

(3) "Secretary of defense," the secretary of defense, the secretary of the army, the secretary of the navy, or the secretary of the air force, as appropriate under the laws of the United States;

(4) "Servicemember," any member serving in an active duty status in the armed forces of the United States, National Guard, or the Reserves;

(5) "Active duty," service pursuant to United States Code Title 10 or full-time National Guard duty pursuant to United States Code Title 32 § 502(f)(2) as of January 1, 2012, for the purpose of homeland defense operations or for state active duty pursuant to § 33-9-1 ; and

(6) "Deployment," the temporary transfer of a servicemember serving in active duty status to a location other than the servicemember's normal place of duty or residence in support of combat or military operations. The term includes the mobilization of a National Guard or Reserve servicemember to extended active duty status at any continental United States installation in support of military operations. The term does not include National Guard or Reserve annual training.

Source: Added by the Code Commission in 1977 to clarify the terminology; SL 2012, ch 171, § 1.
S.D. Codified Laws § 33A-2-6 — SD Code / Title 33A / Chapter 2 / Section 33A-2-6
Tax exemption for certain military sales outlets--Exceptions
Status: in_force

Notwithstanding any other provisions of the laws of this state, any instrumentality of the armed forces of the United States, including voluntary unincorporated organizations of military personnel, located on exclusive federal areas, engaged in resale activities may procure articles of merchandise from wholesalers, distributors, or manufacturers located in this state. No excise tax of this state, direct or indirect, other than those on intoxicating liquor or wine, may be imposed upon the sale, use, delivery, or storage of articles of merchandise to any instrumentality of the armed forces of the United States, including voluntary unincorporated organizations of military personnel, located on exclusive federal areas, engaged in resale activities, except state excise taxes that are specifically authorized by acts of the Congress of the United States.

Source: SDC 1939, § 41.0162 as added by SL 1951, ch 207; SL 2007, ch 187, § 165; SDCL § 33-17-12 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-4-20 — SD Code / Title 33A / Chapter 4 / Section 33A-4-20
Transfers to avoid state's claim
Status: in_force

Any transfer of property to avoid the payment of a claim of the State Veterans' Home shall be voidable.

Source: SDC 1939, § 41.0215 as added by SL 1961, ch 206, § 2; SL 1965, ch 173; § 33-18-17; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-1-26 — SD Code / Title 33A / Chapter 1 / Section 33A-1-26
Training program for county veterans service officers--Attendance and testing--Certification of compliance
Status: in_force

The Department of Veterans Affairs shall establish a training program for county veterans service officers. Every county veterans service officer employed under the provisions of this chapter shall annually complete the training program established by the department and successfully complete a test administered by the department. The secretary of the Department of Veterans Affairs shall certify training compliance to the board of county commissioners. The secretary shall recommend against reappointment of any county veterans service officer not in compliance with the provisions of this section.

Source: SL 1975, ch 214; SL 1990, ch 265; SL 2000, ch 163, § 1; SDCL § 33-16-27.1 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 151, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-4-17 — SD Code / Title 33A / Chapter 4 / Section 33A-4-17
Authority to turn deceased resident's property over to department--Subsequent claim for property
Status: in_force

When a resident of the State Veterans Home dies, leaving at the home cash or other personal property of value, the superintendent of the home may turn over the cash, property, or its proceeds to the Department of Veterans Affairs for the sole use and benefit of the home, without administration. The cash, property, and proceeds are subject to refund within three years to any creditor, legal dependent, or heir, if the deceased resident left a will, and if the creditor, legal dependent, or heir establishes a right to the cash, property, or proceeds or any portion of the cash, property, or proceeds. The attorney general, upon being satisfied that a claim out of the cash, property, or proceeds is legal and valid, may certify the claim to the secretary of veterans affairs, and the secretary of veterans affairs shall satisfy the claim.

Source: SDC 1939, § 41.0215 as added by SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1989, ch 286, § 11; SL 2007, ch 187, § 215; § 33-18-14; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 18.
S.D. Codified Laws § 33-10-135 — SD Code / Title 33 / Chapter 10 / Section 33-10-135
Not guilty plea
Status: in_force

If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of the plea's meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.

Source: SL 2012, ch 175, § 116.
S.D. Codified Laws § 33-10-219 — SD Code / Title 33 / Chapter 10 / Section 33-10-219
Authority to vacate suspension
Status: in_force

The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

Source: SL 2012, ch 175, § 200.
S.D. Codified Laws § 33-10-145 — SD Code / Title 33 / Chapter 10 / Section 33-10-145
Admissibility of records of courts of inquiry
Status: in_force

In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.

Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

Such testimony may also be read in evidence before a court of inquiry.

Source: SL 2012, ch 175, § 126.
S.D. Codified Laws § 33A-4-19 — SD Code / Title 33A / Chapter 4 / Section 33A-4-19
Claim against estate of deceased spouse or dependent
Status: in_force

When a deceased resident of the State Veterans Home leaves a spouse, or other dependent, the resident's estate is payable to the spouse, or other dependent. Upon the death of the spouse or other dependent, the home shall file a claim against the estate of the deceased spouse or other dependent for any claim against the estate of both the decedents as provided in § 33A-4-18 . The claim is a preferred claim against the estates.

Source: SDC 1939, § 41.0215 as added by SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1970, ch 191, § 7; SL 2007, ch 187, § 217; § 33-18-16; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 20.
S.D. Codified Laws § 33-10-285 — SD Code / Title 33 / Chapter 10 / Section 33-10-285
Riot or breach of peace
Status: in_force

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 266.
S.D. Codified Laws § 33-14-10 — SD Code / Title 33 / Chapter 14 / Section 33-14-10
Oath for officers
Status: in_force

The oath to be taken by officers commissioned in the South Dakota State Guard shall be substantially in the form prescribed for officers of the national guard, substituting the words South Dakota State Guard where necessary.

Source: SL 1941, ch 174, § 10; SDC Supp 1960, § 41.01B10.
S.D. Codified Laws § 33-10-65 — SD Code / Title 33 / Chapter 10 / Section 33-10-65
Jurisdiction of summary courts-martial
Status: in_force

Subject to § 33-10-62 , summary courts-martial have jurisdiction to try persons subject to this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this code under such limitations as the Governor may prescribe.

Source: SL 2012, ch 175, § 46.
S.D. Codified Laws § 33-2-9 — SD Code / Title 33 / Chapter 2 / Section 33-2-9
Pay during active service
Status: in_force

When in active service of the state, pursuant to the order of the Governor, the compensation and expenses of the militia and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated.

Source: SDC 1939, § 41.0106.
S.D. Codified Laws § 33-2-3 — SD Code / Title 33 / Chapter 2 / Section 33-2-3
Persons exempt from military duty--Circumstances under which exemption is inapplicable
Status: in_force

The following persons are exempt from military duty:

(1) All persons in the armed forces or volunteer force of the United States and those who have been honorably discharged therefrom;

(2) All persons who have served in the South Dakota National Guard for the term of six years and have been honorably discharged. Exempted persons specified in this section are liable to military duty in case of war, insurrection, or invasion, or imminent danger thereof.

Source: SL 1917, ch 297, § 4; RC 1919, § 10551 (1); SDC 1939, § 41.0104 (1); SL 2007, ch 187, § 13.
S.D. Codified Laws § 33-10-27 — SD Code / Title 33 / Chapter 10 / Section 33-10-27
Judge advocate supervision
Status: in_force

The senior force judge advocates in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.

Source: SL 2012, ch 175, § 8.
S.D. Codified Laws § 33-10-275 — SD Code / Title 33 / Chapter 10 / Section 33-10-275
False official statements
Status: in_force

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 256.
S.D. Codified Laws § 33A-1-3 — SD Code / Title 33A / Chapter 1 / Section 33A-1-3
Office space for department
Status: in_force

Office space for the Department of Veterans Affairs must be provided in the Soldiers and Sailors Memorial Building or in other suitable space at the state capital.

Source: SL 1944 (SS), ch 3, § 9; SDC Supp 1960, § 41.0409; SDCL § 33-16-3; SL 2011, ch 1 (Ex. Ord. 11-1), § 141, eff. Apr. 12, 2011; SL 2023, ch 111, § 1.
S.D. Codified Laws § 33-10-265 — SD Code / Title 33 / Chapter 10 / Section 33-10-265
Releasing prisoner without proper authority
Status: in_force

Any person subject to this code who, without proper authority, releases any prisoner committed to the person's charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.

Source: SL 2012, ch 175, § 246.
S.D. Codified Laws § 33-10-187 — SD Code / Title 33 / Chapter 10 / Section 33-10-187
Action on sentence of court-martial
Status: in_force

Action on the sentence of a court-martial shall be taken by the convening authority or by another person authorized to act pursuant to this code. Such action may be taken only after consideration of any matters submitted by the accused pursuant to § 33-10-182 or after the time for submitting such matters expires, whichever is earlier. The convening authority or other person taking such action, in that person's sole discretion may approve, disapprove, commute, or suspend the sentence in whole or in part.

Source: SL 2012, ch 175, § 168.
S.D. Codified Laws § 33-11-1 — SD Code / Title 33 / Chapter 11 / Section 33-11-1
Armories and other facilities authorized--Authority of commanding officer--Expenses
Status: in_force

The adjutant general shall provide suitable space, at a convenient location where any unit of the National Guard is stationed, with the necessary furnishings, equipment, and supplies for an armory, assembly, drill room, garages, and maintenance shops for the organization. The buildings and space are under the exclusive control of the unit's commanding officer. There shall be paid out of the military appropriation a sum deemed necessary on the contract made by the adjutant general for the rent and furnishing of the armory, garages, maintenance shops, or band quarters of each organization of the National Guard, to be paid by the state.

Source: SL 1887, ch 100, § 63; CL 1887, § 1979; SL 1890, ch 111, § 9; RPolC 1903, § 2516; SL 1903, ch 185, § 39; SL 1917, ch 297, § 42; RC 1919, § 10602; SDC 1939, § 41.0153; SL 1967, ch 171, § 2; SL 1992, ch 60, § 2; SL 2007, ch 187, § 99.
S.D. Codified Laws § 33-10-76 — SD Code / Title 33 / Chapter 10 / Section 33-10-76
Military judge detailed to general and special court-martial
Status: in_force

A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.

Source: SL 2012, ch 175, § 57.
S.D. Codified Laws § 33-10-105 — SD Code / Title 33 / Chapter 10 / Section 33-10-105
Forwarding of charges
Status: in_force

If a person is held for trial by general court-martial, the commanding officer shall within fifteen days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that person the reasons for delay.

Source: SL 2012, ch 175, § 86.
S.D. Codified Laws § 33-10-239 — SD Code / Title 33 / Chapter 10 / Section 33-10-239
Application of statute comparable to 18 U.S.C. § 4241 et seq.--Change of status
Status: in_force

The state statute most closely comparable to chapter 313 of Title 18, United States Code, 18 U.S.C. § 4241 et seq. as of January 1, 2012, referred to in this section apply according to the provisions of this section notwithstanding section 4247(j) of Title 18.

If the status of a person as described in § 33-10-21 terminates while the person is, pursuant to this section, in the custody of the state attorney general, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this code shall continue to apply to that person notwithstanding the change of status.

Source: SL 2012, ch 175, § 220.
S.D. Codified Laws § 33-10-100 — SD Code / Title 33 / Chapter 10 / Section 33-10-100
Investigation of charges
Status: in_force

No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

Source: SL 2012, ch 175, § 81.
S.D. Codified Laws § 33A-4-31 — SD Code / Title 33A / Chapter 4 / Section 33A-4-31
Furloughs--Exceeding maximum furlough as forfeiture
Status: in_force

Furloughs from the State Veterans Home may be granted at the discretion of the superintendent, but a resident on furlough for more than ninety days is deemed to have surrendered the room and upon return must be put on the regular waiting list.

Source: SL 1913, ch 325, § 12; RC 1919, § 9958; SDC 1939, § 41.0211; SL 1951, ch 212, § 2; SL 1953, ch 217; SL 1959, ch 242, § 4; SL 1982, ch 254, § 8; § 33-18-27; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 29.
S.D. Codified Laws § 33A-2-41 — SD Code / Title 33A / Chapter 2 / Section 33A-2-41
Veterans’ benefits matter--Violation--Penalty--Deposit
Status: in_force

The attorney general may impose a civil penalty against a person for violating §§ 33A-2-38 to 33A-2-40 , inclusive. The amount of the civil penalty may not exceed five thousand dollars. The attorney general shall forward any civil penalty collected under this section to the state treasurer for deposit in the veterans affairs department special revenue fund.

Source: SL 2025, ch 133, § 5.
S.D. Codified Laws § 33-10-133 — SD Code / Title 33 / Chapter 10 / Section 33-10-133
Jeopardy where accused found guilty
Status: in_force

No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of § 33-10-132 until the finding of guilty has become final after review of the case has been fully completed.

Source: SL 2012, ch 175, § 114.
S.D. Codified Laws § 33-10-122 — SD Code / Title 33 / Chapter 10 / Section 33-10-122
Procedure when court members reduced below minimum by peremptory challenge
Status: in_force

If exercise of a peremptory challenge reduces the court below the minimum number of members required by § 33-10-61 , the parties shall, notwithstanding the provisions of §§ 33-10-87 to 33-10-90 , inclusive, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.

Source: SL 2012, ch 175, § 103.
S.D. Codified Laws § 33-10-90 — SD Code / Title 33 / Chapter 10 / Section 33-10-90
Court-martial composed of military judge only--Procedure when military judge unable to proceed
Status: in_force

If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of subsections 33-10-61(1)(b) or (2)(b), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.

Source: SL 2012, ch 175, § 71.
S.D. Codified Laws § 33-10-152 — SD Code / Title 33 / Chapter 10 / Section 33-10-152
Rulings upon questions of law and interlocutory questions
Status: in_force

The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects to the ruling, the court shall be cleared and closed and the question decided by a voice vote as provided in § 33-10-155 , beginning with the junior in rank.

Source: SL 2012, ch 175, § 133.
S.D. Codified Laws § 33A-2-16 — SD Code / Title 33A / Chapter 2 / Section 33A-2-16
Fractional months
Status: in_force

In computing a month of service under § 33A-2-15 , any period of service during a calendar month shall be computed as one full month in determining monthly totals.

Source: SL 1969, ch 173, § 8; SL 1992, ch 238, § 7; SL 2007, ch 187, § 171; SDCL § 33-17-23; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-9-12 — SD Code / Title 33 / Chapter 9 / Section 33-9-12
National Guard Mutual Assistance Compact--Enactment--Text of compact
Status: in_force

The National Guard Mutual Assistance Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining therein, in the form substantially as follows:

The purposes of this compact are to:

1. Provide for mutual aid among the party state in the utilization of the national guard to cope with emergencies.

2. Permit and encourage a high degree of flexibility in the deployment of national guard forces in interest of efficiency.

3. Maximize the effectiveness of the national guard in those situations which call for its utilization under the compact.

4. Provide protection for the rights of national guard personnel when serving in other states on emergency duty.

(a) This compact shall enter into force when enacted into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment, thereof.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all party states.

(a) As used in this article:

1. "Emergency" means an occurrence or condition, temporary in nature, in which police and other public safety officials and locally available national guard forces are, or may reasonably be expected to be, unable to cope with substantial and imminent danger to the public safety.

2. "Requesting state" means the state whose Governor requests assistance in coping with an emergency.

3. "Responding state" means the state furnishing aid, or requested to furnish aid.

(b) Upon request of the Governor of a party state for assistance in an emergency, the Governor of a responding state shall have authority under this compact to send without the borders of his state and place under the temporary command of the appropriate national guard or other military authorities of the requesting state all or any part of the national guard forces of his state as he may deem necessary, and the exercise of his discretion in this regard shall be conclusive.

(c) The Governor of a party state may withhold the national guard forces of his state from such use and recall any forces or part or member thereof previously deployed in a requesting state.

(d) Whenever national guard forces of any party state are engaged in another state carrying out the purposes of this compact, the members thereof so engaged shall have the same powers, duties, rights, privileges and immunities as members of national guard forces in such other state. The requesting state shall save members of the national guard forces of responding states harmless from civil liability for acts or omissions in good faith which occur in the performance of their duty while engaged in carrying out the purposes of this compact, whether the responding forces are serving the requesting state within its borders or are in transit to or from such service.

(e) Subject to the provisions of paragraphs (f), (g), and (h) of this article, all liability that may arise under the laws of the requesting state, the responding state, or a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

(f) Any responding state rendering aid pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of the materials, transportation and maintenance of national guard personnel and equipment incurred in connection with such request: Provided, that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense, or other cost.

(g) Each party state shall provide, in the same amounts and manner as if they were on duty within their state, for the pay and allowances of the personnel of its national guard units while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact. Such pay and allowances shall be deemed items of expense reimbursable under paragraph (f) by the requesting state.

(h) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its national guard forces in case such members sustain injuries or are killed within their own state, shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this compact. Such compensation and death benefits shall be deemed items of expense reimbursable pursuant to paragraph (f) of this article.

Nothing in this compact shall be construed to prevent the Governor of a party state from delegating any of his responsibilities or authority respecting the national guard, provided that such delegation is otherwise in accordance with law. For purposes of this compact, however, the Governor shall not delegate the power to request assistance from another state.

Nothing in this compact shall:

1. Expand or add to the functions of the national guard, except with respect to the jurisdictions within which such functions may be performed.

2. Authorize or permit national guard units to be placed under the field command of any person not having the military or national guard rank or status required by law for the field command position in question.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any 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 compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the Constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Source: SL 1969, ch 171, §§ 1, 4; SL 1994, ch 268.
S.D. Codified Laws § 33A-5-13 — SD Code / Title 33A / Chapter 5 / Section 33A-5-13
Minimum principal balance of fund
Status: in_force

Donations to the South Dakota State Veterans Cemetery endowment fund shall be deposited into the fund to reach a minimum principal balance of three million dollars ($3,000,000) by July 1, 2023. Notwithstanding the minimum principal balance under this section, expenditures may be made prior to July 1, 2023. If the minimum principal balance is reached prior to July 1, 2023, no expenditures may reduce the principal balance below three million dollars ($3,000,000).

Source: SL 2018, ch 201, § 3, eff. Mar. 23, 2018.
S.D. Codified Laws § 33A-2-9 — SD Code / Title 33A / Chapter 2 / Section 33A-2-9
National Guard members ordered to active duty--Federal protections
Status: in_force

Any resident of this state who is a member of any state's National Guard who is ordered to active duty service by the Governor of that state or the President of the United States has all protections afforded to persons serving on federal active duty by the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App. U.S.C.A. 501-548 and 560-591, as amended to January 1, 2007, and by the Uniformed Services Employment and Reemployment Rights Act, 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333, as amended to January 1, 2007.

Source: SL 2002, ch 164, § 1; SL 2007, ch 187, § 166; SDCL § 33-17-15.1 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2018, ch 200, § 1.
S.D. Codified Laws § 33-1-6 — SD Code / Title 33 / Chapter 1 / Section 33-1-6
Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census
Status: in_force

The adjutant general shall distribute all orders from the Governor. The adjutant general is the organ of all written communication from the National Guard to the Governor and shall attend the Governor if required at review of the National Guard, or if ordered in the performance of military duty. The adjutant general shall present to the Governor all recommendations with reference to the Department of the Military and shall obey and issue orders given by the Governor in relation to the department and in all other military matters. The adjutant general may use the coat of arms of the state and the seal of the office, with the words added thereto, "State of South Dakota, the Adjutant General's Office." The adjutant general shall submit to the Governor copies of all charges properly preferred in writing against any officer or soldier of the National Guard, if desired by the person preferring the charge, as well as all proceedings of all general courts-martial. The adjutant general shall biennially make a return in triplicate of all the National Guard of the state and shall deliver a copy of the return to the Governor on or before the first day of December of each even-numbered year.

Source: SL 1887, ch 100, § 19; CL 1887, § 1935; SL 1893, ch 117, § 8; SL 1901, ch 167, § 6; RPolC 1903, § 2476; SL 1903, ch 185, § 5; SL 1913, ch 267, § 5; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2007, ch 187, § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-263 — SD Code / Title 33 / Chapter 10 / Section 33-10-263
Punishment for mutiny or sedition
Status: in_force

A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 244.
S.D. Codified Laws § 33-10-126 — SD Code / Title 33 / Chapter 10 / Section 33-10-126
Statute of limitations
Status: in_force

Except as otherwise provided in §§ 33-10-127 to 33-10-131 , inclusive, a person charged with any offense is not liable to be tried by court-martial or punished pursuant to §§ 33-10-50 to 33-10-60 , inclusive, if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment pursuant to §§ 33-10-50 to 33-10-60 , inclusive.

Source: SL 2012, ch 175, § 107.
S.D. Codified Laws § 33-10-78 — SD Code / Title 33 / Chapter 10 / Section 33-10-78
Admission of military judge pro hac vice
Status: in_force

In the instance if a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the senior force judge advocate which is the same force as the accused setting forth such qualifications provided in § 33-10-77 .

Source: SL 2012, ch 175, § 59.
S.D. Codified Laws § 33A-4-27 — SD Code / Title 33A / Chapter 4 / Section 33A-4-27
Admission of widows and widowers of veterans--Conditions
Status: in_force

The widow or widower of any deceased veteran may be admitted to the home if not remarried, upon the following conditions: the deceased veteran must have been eligible for admission to the home; the widow or widower has attained the age of sixty years; the widow or widower was married to the veteran spouse at least one year prior to the veteran's date of death and they lived together during that period except where there was a separation due to the misconduct of, or procured by, the veteran, without fault of the spouse; and the widow or widower has been a resident of this state for at least one year immediately preceding the date of application.

Source: SL 1921, ch 364; SL 1923, ch 270; SL 1925, ch 287, § 3; SL 1927, ch 207, § 2; SL 1929, ch 224, § 2; SDC 1939, § 41.0208; SL 1939, ch 155, § 1; SL 1941, ch 172; SL 1943, ch 145; SL 1945, ch 175; SL 1951, ch 211; SL 1959, ch 242, § 1; SL 1961, ch 206, § 1; SL 1970, ch 191, § 11; § 33-18-24; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 25.
S.D. Codified Laws § 33A-2-24 — SD Code / Title 33A / Chapter 2 / Section 33A-2-24
Death of eligible veteran
Status: in_force

In case of the death of any person after August 2, 1990, who would, if alive, be entitled to benefits under §§ 33A-2-10 to 33A-2-33 , inclusive, the bonus shall be paid to the person's dependents, if any. If there is more than one dependent, payment shall be made in a proportion determined by the secretary.

Source: SL 1969, ch 173, § 12; SL 2007, ch 187, § 178; SDCL § 33-17-29; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 7.
S.D. Codified Laws § 33-10-262 — SD Code / Title 33 / Chapter 10 / Section 33-10-262
Mutiny--Sedition--Failure to suppress or report
Status: in_force

Any person subject to this code who:

(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do the person's duty or creates any violence or disturbance is guilty of mutiny;

(2) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; or

(3) Fails to do the person's utmost to prevent and suppress a mutiny or sedition being committed in the person's presence, or fails to take all reasonable means to inform the person's superior commissioned officer or commanding officer of a mutiny or sedition which the person knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

Source: SL 2012, ch 175, § 243.
S.D. Codified Laws § 33-9-3 — SD Code / Title 33 / Chapter 9 / Section 33-9-3
Delivery and communication of active service order--Procedure
Status: in_force

Any order pursuant to § 33-9-1 or 33-9-2 shall be delivered to the commanding officer and immediately communicated by the commanding officer to each subordinate officer. Each company commander receiving the order shall immediately communicate the substance of the order to each member of the company being called to duty. If any such member cannot be found, a notice in writing containing the substance of the order shall be left at the last and usual place of residence of the member with some person of suitable age and discretion, to whom its contents shall be explained.

Source: SL 1903, ch 185, § 27; SL 1917, ch 297, § 37; RC 1919, § 10597; SDC 1939, § 41.0149; SL 1951, ch 206; SL 2007, ch 187, § 79.
S.D. Codified Laws § 33A-5-16 — SD Code / Title 33A / Chapter 5 / Section 33A-5-16
State cemetery pre-application
Status: in_force

The secretary of veterans affairs shall submit a state cemetery pre-application to the National Cemetery Administration as provided in 38 CFR 39.31 prior to July 1, 2018.

Source: SL 2018, ch 201, § 6, eff. Mar. 23, 2018.
S.D. Codified Laws § 33A-1-32 — SD Code / Title 33A / Chapter 1 / Section 33A-1-32
County service officers--Basic salary schedule
Status: in_force

The basic salary schedule for county veterans' service officers, which may be adopted by any board of county commissioners, is:

(1) For counties with population of 50,000 and over, $20,625 a year;

(2) For counties with population of 20,000 to 50,000, $19,250 a year;

(3) For counties with population of 10,000 to 20,000, $16,500 a year;

(4) For counties with population of 5,000 to 10,000, $12,375 a year; and

(5) For counties with population up to 5,000, $8,250 a year.

Source: SL 1977, ch 273, § 2; SL 1984, ch 238, § 1; SL 1991, ch 267, § 2; SL 2009, ch 160, § 1; SDCL § 33-16-28.4; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 20, 2011; SL 2023, ch 112, § 1.
S.D. Codified Laws § 33A-4-33 — SD Code / Title 33A / Chapter 4 / Section 33A-4-33
Admission of veterans with sufficient means
Status: in_force

The superintendent may, if there is room, admit and allow to remain in the State Veterans Home, persons who have sufficient means for their own support, care, and maintenance, but are otherwise eligible to become residents of the home, on payment of the cost of their care.

Source: SDC 1939, § 41.0219 as enacted by SL 1951, ch 212, § 8; SL 1970, ch 191, § 13; SL 1982, ch 254, § 9; SL 1987, ch 250, § 5; § 33-18-29; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 31.
S.D. Codified Laws § 33-11-14 — SD Code / Title 33 / Chapter 11 / Section 33-11-14
Description of land purchase in Sturgis
Status: in_force

The Department of the Military, South Dakota Army National Guard, may purchase land, comprising more or less of thirty acres located in Sturgis, South Dakota, adjacent to the Sturgis Brown High School and located in the S1/2, Section 1 and N1/2, Section 12, Township 5 North, Range 5 East, Black Hills Meridian, Sturgis, Meade County, South Dakota.

Source: SL 2017, ch 147, § 1, eff. Mar. 10, 2017.
S.D. Codified Laws § 33-11-15 — SD Code / Title 33 / Chapter 11 / Section 33-11-15
Terms of purchase of land in Sturgis
Status: in_force

The Department of the Military and seller agree that, in entering into the agreement to purchase land pursuant to § 33-11-14 , the seller has taken into consideration the department's intended use of the real property and the long-standing relationship between the department and seller. The department agrees to grant to the seller a right of first refusal to purchase the property provided that the seller shall exercise the right within one hundred eighty days of written notice from the department of the department's intent to sell, transfer, or convey the property or any portion thereof. For a period of ten years from the date of the purchase, the seller has the right of first refusal and may purchase the property for the same price for which the department is paying the seller. However, the price shall be adjusted for inflation using the core consumer price index as published by the United States Bureau of Labor Statistics. After the initial ten year period, the seller may exercise the seller's right of first refusal to purchase at fair market value. If the seller does not exercise the right, by submitting a written offer to purchase the portion of the property intended to be sold, transferred, or conveyed, within the one hundred eighty days, the seller's right of first refusal terminates as to said portion. The right of first refusal to purchase only applies to a sale, transfer, or conveyance of all of the department's rights, title, and interest in the real property and does not apply to a grant or conveyance by the department of a lesser interest including, without limitation, easements or leases. The seller's right of first refusal to purchase may only be exercised by the seller and cannot be transferred or assigned.

Source: SL 2017, ch 147, § 2, eff. Mar. 10, 2017.
S.D. Codified Laws § 33-10-259 — SD Code / Title 33 / Chapter 10 / Section 33-10-259
Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
Status: in_force

Any warrant officer or enlisted member who:

(1) Strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office;

(2) Willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) Treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his or her office;

Source: SL 2012, ch 175, § 240.
S.D. Codified Laws § 33-1-2 — SD Code / Title 33 / Chapter 1 / Section 33-1-2
Adjutant general--Rank--Appointment--Qualifications
Status: in_force

One adjutant general, in the grade of major general, shall be appointed and shall serve as provided by § 1-32-3 . At the time of appointment, the adjutant general shall be a federally recognized commissioned officer of the South Dakota National Guard, with not less than ten years military service in the armed forces of this state or of the United States. The officer appointed to the position of adjutant general shall meet all of the requirements of the officer's respective service to be appointed and receive federal recognition as a general officer in that service, including any waivers that may be authorized and granted or delegated by the secretaries of the Army or Air Force, as appropriate.

Source: SL 1887, ch 100, § 18; CL 1887, § 1934; SL 1893, ch 117, § 8; SL 1901, ch 176, § 6; RPolC 1903, § 2476; SL 1903, ch 185, §§ 5, 31; SL 1913, ch 267, §§ 5, 7; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2007, ch 187, § 1.
S.D. Codified Laws § 33-6-5.3 — SD Code / Title 33 / Chapter 6 / Section 33-6-5.3
Member tuition benefit--Board of Regents graduate courses not subsidized by general fund--Limitation
Status: in_force

Notwithstanding the provisions of § 13-55-23 , an eligible member of the South Dakota National Guard enrolled in graduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of the in-state resident tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.

Source: SL 2004, ch 221, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, § 15; SL 2023, ch 110, § 4.
S.D. Codified Laws § 33A-2-32 — SD Code / Title 33A / Chapter 2 / Section 33A-2-32
Reestablishment of eligibility for certain veterans to receive veterans bonus
Status: in_force

Any veteran who served on active duty after August 2, 1990, and who qualified for a veterans bonus as provided by chapter 238 of the 1992 Session Laws and chapter 243 of the 1993 Session Laws is eligible to receive a veterans bonus as provided for by chapter 238 of the 1992 Session Laws and chapter 243 of the 1993 Session Laws.

Source: SL 2005, ch 175, § 1, eff. Feb. 25, 2005; SDCL § 33-17-37.1 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-1-8 — SD Code / Title 33A / Chapter 1 / Section 33A-1-8
Promulgation of rules on procedures and standards
Status: in_force

The Department of Veterans Affairs may promulgate rules, pursuant to chapter 1-26 , to:

(1) Provide procedures and standards for department personnel to act as agents for veterans pursuant to § 33A-1-13 ;

(2) Provide procedures and standards for cooperation and administration of burial of veterans pursuant to § 33A-1-15 ;

(3) Provide procedures and requirements to assist in securing veterans' benefits and to train county and tribal veterans service officers to provide such assistance pursuant to § 33A-1-16 ; and

(4) Provide procedures for investigations pursuant to § 33A-1-20 .

Source: SL 1986, ch 272, § 21; SL 1993, ch 213, § 219; SDCL § 33-16-7.1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 5; SL 2015, ch 174, § 2, eff. Feb. 18, 2015; SL 2018, ch 199, § 2.
S.D. Codified Laws § 33-3-10 — SD Code / Title 33 / Chapter 3 / Section 33-3-10
Discipline and training
Status: in_force

The discipline and training of the National Guard shall conform to the system prescribed in this title.

Source: SL 1887, ch 100, § 35; CL 1887, § 1951; RPolC 1903, § 2490; SL 1903, ch 185, § 79; SL 1917, ch 297, § 49; RC 1919, § 10609; SDC 1939, § 41.0160; SL 2007, ch 187, § 27; SL 2012, ch 173, § 2.
S.D. Codified Laws § 33-14-7 — SD Code / Title 33 / Chapter 14 / Section 33-14-7
Fresh pursuit of offender beyond state border--Conditions
Status: in_force

Any organization, unit, or detachment of the South Dakota State Guard, upon order of the officer in immediate command of the organization, unit, or detachment, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this state into another state until they are apprehended or captured by the organization, unit, or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons. However, no such pursuit beyond state borders may be undertaken unless the other state has given authority by law for such pursuit by the forces of this state. Any such person who is apprehended or captured in the other state by an organization, unit, or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which the person is taken or to the United States. However, such a surrender does not constitute a waiver by this state of its right to extradite or prosecute the person for any crime committed in this state.

Source: SL 1941, ch 174, § 5; SDC Supp 1960, § 41.01B05; SL 2007, ch 187, § 142.
S.D. Codified Laws § 33-10-59 — SD Code / Title 33 / Chapter 10 / Section 33-10-59
Forfeiture of pay
Status: in_force

Whenever a punishment of forfeiture of pay is imposed under this code, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.

Source: SL 2012, ch 175, § 40.
S.D. Codified Laws § 33-10-153 — SD Code / Title 33 / Chapter 10 / Section 33-10-153
Instructions
Status: in_force

Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them that:

(1) The accused shall be presumed to be innocent until the accused's guilt is established by legal and competent evidence beyond reasonable doubt;

(2) In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt shall be resolved in favor of the accused and the accused shall be acquitted;

(3) If there is a reasonable doubt as to the degree of guilt, the finding shall be in a lower degree as to which there is no reasonable doubt; and

(4) The burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.

Source: SL 2012, ch 175, § 134.
S.D. Codified Laws § 33-12-12 — SD Code / Title 33 / Chapter 12 / Section 33-12-12
Death of custodial officer
Status: in_force

In case of the death of any officer of the National Guard responsible for state property the next in command shall immediately take charge of the property and deliver it to the quartermaster general or some person appointed to receive the property.

Source: SL 1903, ch 185, § 26; SL 1917, ch 297, § 27; RC 1919, § 10581; SDC 1939, § 41.0134; SL 2007, ch 187, § 117.
S.D. Codified Laws § 33-10-193 — SD Code / Title 33 / Chapter 10 / Section 33-10-193
Withdrawal of appeal
Status: in_force

In each case subject to appellate review under this code, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and the accused's defense counsel and shall be filed in accordance with appellate procedures as provided by law.

Source: SL 2012, ch 175, § 174.
S.D. Codified Laws § 33-11A-4 — SD Code / Title 33 / Chapter 11A / Section 33-11A-4
Donations of funds or property--Authority of museum board
Status: in_force

The museum board may solicit, receive, and administer donations of funds or property for the support and improvement of the museum.

Source: SL 1982, ch 253, § 4.
S.D. Codified Laws § 33A-1-30 — SD Code / Title 33A / Chapter 1 / Section 33A-1-30
Salary reimbursement and services for Indian tribes and service officers--Tribes responsible for financial obligations
Status: in_force

Such Indian tribes and veterans' service officers shall receive the same salary reimbursement and services from the Department of Veterans Affairs as those available to county commissioners and county veteran service officers under the provisions of this chapter.

Such Indian tribes shall be entirely responsible for all financial obligations accrued by veterans' service officers, appointed pursuant to the terms of § 33A-1-29 , except as provided in this section.

Source: SL 1975, ch 215; SL 1979, ch 232; SDCL § 33-16-28.2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-124 — SD Code / Title 33 / Chapter 10 / Section 33-10-124
Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter
Status: in_force

Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking of the oath or affirmation, the manner of recording the oath or affirmation, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in rule or as provided by law. If such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.

Source: SL 2012, ch 175, § 105.
S.D. Codified Laws § 33-1-15 — SD Code / Title 33 / Chapter 1 / Section 33-1-15
Officers and appointees--Clerical and other employees--Salaries
Status: in_force

The adjutant general shall appoint all officers and appointees of the Department of the Military. The adjutant general may employ such clerical and other employees and assistants as the adjutant general deems necessary for the proper transaction of the business of the department and fix their salaries except as otherwise provided by law.

Source: SL 1955, ch 150, § 4; SDC Supp 1960, § 41.01A04; SL 2007, ch 187, § 7; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011; SL 2023, ch 108, § 2.
S.D. Codified Laws § 33-12-31 — SD Code / Title 33 / Chapter 12 / Section 33-12-31
Expenditures from special militia fund--Procedure--Claims payable
Status: in_force

The special militia fund is available for National Guard purposes only and is accumulative from year to year. Expenditures from this fund shall be made in the usual manner upon vouchers approved by the Governor, after proper certification by the adjutant general, by warrant drawn by the state auditor against the state treasury as provided by law. However, such expenditures do not come within any restrictions governing payment of expenses incurred in a previous year. The special militia fund may be used to discharge any just or lawful debt properly contracted for National Guard purposes, whether of the ensuing or previous fiscal years.

Source: SL 1913, ch 267, § 10; SL 1917, ch 297, § 12; RC 1919, § 10564; SDC 1939, § 41.0117; SL 1955, ch 145, § 1; SL 2007, ch 187, § 134.
S.D. Codified Laws § 33A-4-28 — SD Code / Title 33A / Chapter 4 / Section 33A-4-28
Nonveteran spouse considered resident
Status: in_force

A nonveteran spouse, widow, or widower, upon admission, shall be considered a resident of the State Veterans Home and be subject to all rules and statutes affecting the person, property, and estate of a veteran resident.

Source: SL 1976, ch 207; § 33-18-24.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 26.
S.D. Codified Laws § 33-4-5 — SD Code / Title 33 / Chapter 4 / Section 33-4-5
Additional requirements
Status: in_force

Except as specifically excluded by statute or military regulation, any person commissioned as an officer in the National Guard shall meet the requirements for federal recognition and appointment to the identical rank and position in the National Guard as is required for persons serving on active duty in the armed forces.

Source: SL 1913, ch 267, § 17; SL 1917, ch 297, § 20; RC 1919, § 10573; SDC 1939, § 41.0126; SL 2007, ch 187, § 38.
S.D. Codified Laws § 33A-1-33 — SD Code / Title 33A / Chapter 1 / Section 33A-1-33
Training of county officer required for state reimbursement
Status: in_force

A county may only be reimbursed pursuant to § 33A-1-31 if the county veterans' service officer employed has undergone training pursuant to §§ 33A-1-16 and 33A-1-26 .

Source: SL 1977, ch 273, § 3; SDCL § 33-16-28.5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-1-8 — SD Code / Title 33 / Chapter 1 / Section 33-1-8
General staff--Composition and responsibilities--Assistants
Status: in_force

The general staff shall include such staff sections as are currently authorized by the Department of Defense in the table of organization for a state headquarters detachment. The responsibilities of the several staff sections and the duties of the several staff officers and administrative assistants shall be such as are prescribed by the regulations, order, or direction, of the Governor or of the adjutant general, and in accordance with the duties of like officers under the regulations of the armed forces of the United States.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 10; RC 1919, §§ 10561, 10562; SDC 1939, § 41.0115; SL 1947, ch 180, § 4.
S.D. Codified Laws § 33A-4-16 — SD Code / Title 33A / Chapter 4 / Section 33A-4-16
Distribution of assets of deceased resident
Status: in_force

When a resident of the State Veterans Home dies without legal dependents, the resident's property must be distributed to the State Veterans Home as sole heir for the sole use and benefit of the home. The resident may, by will, dispose of the resident's estate subject to the preferred claim provided in §§ 33A-4-17 to 33A-4-20 , inclusive. A spouse residing at the home is considered as a legal dependent for the purpose of this section.

Source: SDC 1939, § 41.0215 as added by SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1967, ch 176; SL 1970, ch 191, § 5; SL 2007, ch 187, § 214; § 33-18-13; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 17.
S.D. Codified Laws § 33-10-58 — SD Code / Title 33 / Chapter 10 / Section 33-10-58
Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment
Status: in_force

The imposition and enforcement of disciplinary punishment under this code for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this code; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

Source: SL 2012, ch 175, § 39.
S.D. Codified Laws § 33-10-229 — SD Code / Title 33 / Chapter 10 / Section 33-10-229
Notice of determination that accused is competent to stand trial
Status: in_force

If the director of a facility in which a person is hospitalized pursuant to § 33-10-228 determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the state attorney general and to the general court-martial convening authority for the person. The director shall send a copy of the notification to the person's counsel.

Source: SL 2012, ch 175, § 210.
S.D. Codified Laws § 33-6-5.6 — SD Code / Title 33 / Chapter 6 / Section 33-6-5.6
Member tuition benefit--In-state, private, nonprofit postsecondary institution--Maximum benefit
Status: in_force

An individual who meets the eligibility requirements of § 33-6-7 and is enrolled as a student in an undergraduate or graduate program at any institution participating in the tuition benefit program under § 33-6-5.5 is entitled to the maximum tuition benefit payable by the state under § 33-6-5 or 33-6-5.1 , respectively. The Department of the Military shall publish the maximum tuition benefit to be awarded for the next academic year by July first.

If a student is eligible for the state tuition benefit and a federal tuition benefit, the federal benefit must be applied to the amount due before the state benefit is applied. The total amount of the federal and state benefit may not exceed one hundred percent of the institution's standard tuition for the applicable undergraduate or graduate program.

Source: SL 2024, ch 123, § 2.
S.D. Codified Laws § 33A-2-34 — SD Code / Title 33A / Chapter 2 / Section 33A-2-34
Honorary high school diploma to be awarded to veterans serving during certain periods
Status: in_force

Any honorably discharged veteran as defined in § 33A-2-1 may request and shall receive an honorary high school diploma as provided in this section if the veteran served in the armed forces of the United States during the period December 7, 1941, to September 2, 1945, inclusive; during the period June 25, 1950, to July 31, 1953, inclusive; or during the period February 28, 1961 to May 7, 1975, inclusive. The school district selected by the eligible veteran shall award an honorary high school diploma to the veteran.

Source: SL 2000, ch 78, § 1; SL 2002, ch 165, § 1; SL 2005, ch 176, § 1; § 33-17-39; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-211 — SD Code / Title 33 / Chapter 10 / Section 33-10-211
Right to counsel on appeal by state
Status: in_force

Upon an appeal by the state, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.

Source: SL 2012, ch 175, § 192.
S.D. Codified Laws § 33A-4-1 — SD Code / Title 33A / Chapter 4 / Section 33A-4-1
State Veterans Home--Department supervision
Status: in_force

The State Veterans Home is under the control and general supervision of the Department of Veterans Affairs.

Source: SL 1889, ch 114, § 7; SL 1895, ch 169, § 1; SL 1901, ch 187; RPolC 1903, § 615; SL 1911, ch 230, § 1; SL 1913, ch 325, § 1; RC 1919, § 9948; SDC 1939, § 41.0201; SL 1967, ch 176; SL 1989, ch 286, § 1; § 33-18-1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 10.
S.D. Codified Laws § 33-10-206 — SD Code / Title 33 / Chapter 10 / Section 33-10-206
Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty
Status: in_force

The state's senior force judge advocate may review any case in which there has been a finding of not guilty of all charges and specifications. The state's senior force judge advocate may not review a case under this section if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The state's senior force judge advocate's review shall be limited to questions of subject matter jurisdiction.

Source: SL 2012, ch 175, § 187.
S.D. Codified Laws § 33-10-194 — SD Code / Title 33 / Chapter 10 / Section 33-10-194
Time for withdrawal of appeal
Status: in_force

The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.

Source: SL 2012, ch 175, § 175.
S.D. Codified Laws § 33-10-151 — SD Code / Title 33 / Chapter 10 / Section 33-10-151
Voting by secret written ballot
Status: in_force

Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

Source: SL 2012, ch 175, § 132.
S.D. Codified Laws § 33-10-276 — SD Code / Title 33 / Chapter 10 / Section 33-10-276
Military property--Loss, damage, destruction, or wrongful disposition
Status: in_force

Any person subject to this code who, without proper authority:

(1) Sells or otherwise disposes of;

(2) Willfully or through neglect damages, destroys, or loses; or

(3) Willfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of;

Source: SL 2012, ch 175, § 257.
S.D. Codified Laws § 33-10-157 — SD Code / Title 33 / Chapter 10 / Section 33-10-157
Record of proceedings--Authentication
Status: in_force

Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of the judge's death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member, if the trial counsel is unable to authenticate it by reason of the counsel's death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this section.

Source: SL 2012, ch 175, § 138.
S.D. Codified Laws § 33A-2-42 — SD Code / Title 33A / Chapter 2 / Section 33A-2-42
Veterans’ benefits matter--Applicability
Status: in_force

Nothing in §§ 33A-2-37 to 33A-2-42 , inclusive, applies to, limits, or expands the requirements imposed on agents, attorneys, or other representatives accredited or regulated by the United States Department of Veterans Affairs.

Source: SL 2025, ch 133, § 6.
S.D. Codified Laws § 33-10-195 — SD Code / Title 33 / Chapter 10 / Section 33-10-195
Appeal by the state
Status: in_force

In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial so long as it is not made in reconsideration:

(1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;

(2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding;

(3) An order or ruling which directs the disclosure of classified information;

(4) An order or ruling which imposes sanctions for nondisclosure of classified information;

(5) A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or

(6) A refusal by the military judge to enforce an order described in subdivision (5) that has previously been issued by appropriate authority.

Source: SL 2012, ch 175, § 176.
S.D. Codified Laws § 33-10-237 — SD Code / Title 33 / Chapter 10 / Section 33-10-237
Statute applicable to hospitalized person
Status: in_force

The state statute applicable to persons incompetent to stand trial shall apply in the case of a person hospitalized pursuant to this code, except that the state trial court with felony jurisdiction in the county where the person is hospitalized shall be considered as the court that ordered the person's commitment.

Source: SL 2012, ch 175, § 218.
S.D. Codified Laws § 33-11-2 — SD Code / Title 33 / Chapter 11 / Section 33-11-2
Provision of armories and other facilities--Authorized uses
Status: in_force

The Department of the Military shall erect or provide anywhere within the limits of this state, upon terms and conditions determined as most advantageous to the state, armories and other facilities for the use of the National Guard. The armories and other facilities shall be used for drill, meeting, and rendezvous purposes by the unit occupying them and for such other public functions as the officers in charge of the armory or facility deem advisable and proper. The armories and other facilities, if not in use by the National Guard, shall also be open for meetings and functions of organizations of war veterans and their auxiliary organizations.

Source: SL 1917, ch 297, § 85; RC 1919, § 10645; SDC 1939, § 41.0192; SL 1947, ch 180, § 6; SL 1951, ch 208; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (2); SL 2007, ch 187, § 100; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2023, ch 108, § 7.
S.D. Codified Laws § 33-10-34 — SD Code / Title 33 / Chapter 10 / Section 33-10-34
Fees for apprehension
Status: in_force

No person authorized by this section to apprehend persons subject to this code or the place where such offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.

Source: SL 2012, ch 175, § 15.
S.D. Codified Laws § 33-12-25 — SD Code / Title 33 / Chapter 12 / Section 33-12-25
Accounting of expenditures--Approval of adjutant general--Payment
Status: in_force

The adjutant general shall keep an accurate account of all expenditures necessarily made for the military service of the state. The account shall be paid on proper vouchers presented for the account and upon the approval of the adjutant general from the appropriations made by the Legislature for military purposes.

Source: SL 1887, ch 100, § 23; CL 1887, § 1939; SL 1893, ch 117, § 11; SL 1897, ch 100, § 3; RPolC 1903, § 2479; SL 1913, ch 267, § 8; SL 1917, ch 297, § 11; RC 1919, § 10563; SL 1919, ch 256; SDC 1939, § 41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, § 129.
S.D. Codified Laws § 33A-2-23 — SD Code / Title 33A / Chapter 2 / Section 33A-2-23
Payments to incompetent persons
Status: in_force

If any bonus is payable under §§ 33A-2-10 to 33A-2-33 , inclusive, to a mental incompetent, the bonus shall be paid to the person who is constituted his or her committee, guardian, curator, or conservator, by the laws of the state of residence of the mental incompetent, or is otherwise legally vested with the care of the mental incompetent. However, if no such committee, guardian, curator, conservator, or other person exists, payment shall be made to the chief officer of any hospital or institution in which the mental incompetent is placed if the officer is authorized to accept moneys for the benefit of the mental incompetent. If no such committee, guardian, curator, or conservator exists, and if the mental incompetent is not in any such hospital or institution, payment shall be made to the person determined by the department to have assumed the major responsibility for the care of the mental incompetent. Any payment under this section shall be held or used solely for the benefit of the mental incompetent.

Source: SL 1969, ch 173, § 13; SL 2007, ch 187, § 177; SDCL § 33-17-28; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 6.
S.D. Codified Laws § 33-10-148 — SD Code / Title 33 / Chapter 10 / Section 33-10-148
Findings by court-martial members when lack of mental responsibility at issue
Status: in_force

If the lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:

(1) Guilty;

(2) Not guilty; or

(3) Not guilty only by reason of lack of mental responsibility.

Source: SL 2012, ch 175, § 129.
S.D. Codified Laws § 33A-2-20 — SD Code / Title 33A / Chapter 2 / Section 33A-2-20
Disqualifying factors
Status: in_force

No person is entitled to payment of a bonus if the person, while in the armed forces of the United States within any period set forth in § 33A-2-13 , refused on conscientious, political, or other grounds, to subject himself or herself to military discipline or who was separated from such service under conditions other than honorable and has not been subsequently restored officially to an honorable status. No person who is eligible to receive from another state of the United States a bonus or gratuity or compensation similar to that provided by §§ 33A-2-10 to 33A-2-33 , inclusive, may receive any bonus provided by §§ 33A-2-10 to 33A-2-33 , inclusive.

Source: SL 1969, ch 173, § 9; SL 1992, ch 238, § 9; SL 2007, ch 187, § 174; SDCL § 33-17-25; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-205 — SD Code / Title 33 / Chapter 10 / Section 33-10-205
Action by the Governor
Status: in_force

If the opinion of the state's senior force judge advocate, in the state's senior force judge advocate's review pursuant to § 33-10-201 is that corrective action is required as a matter of law and if the adjutant general does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.

Source: SL 2012, ch 175, § 186.
S.D. Codified Laws § 33-10-119 — SD Code / Title 33 / Chapter 10 / Section 33-10-119
Challenges for cause
Status: in_force

The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or the court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time. Any challenge by the trial counsel shall ordinarily be presented and decided before any challenge by the accused is offered.

Source: SL 2012, ch 175, § 100.
S.D. Codified Laws § 33-10-98 — SD Code / Title 33 / Chapter 10 / Section 33-10-98
Compulsory self-degradation prohibited
Status: in_force

No person subject to this code may compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.

Source: SL 2012, ch 175, § 79.
S.D. Codified Laws § 33-10-278 — SD Code / Title 33 / Chapter 10 / Section 33-10-278
Willful hazarding of vessel
Status: in_force

Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any state military forces shall suffer such punishment as a court-martial may direct.

Source: SL 2012, ch 175, § 259.
S.D. Codified Laws § 33-10-109 — SD Code / Title 33 / Chapter 10 / Section 33-10-109
Service of charges
Status: in_force

The trial counsel shall serve or caused to be served upon the accused a copy of the charges. No person may, against the person's objection, be brought to trial before a general court-martial case within a period of five days after the service of charges upon the accused, or in a special court-martial, within a period of three days after the service of charges upon the accused.

Source: SL 2012, ch 175, § 90.
S.D. Codified Laws § 33-10-68 — SD Code / Title 33 / Chapter 10 / Section 33-10-68
Who may convene special courts-martial
Status: in_force

A special courts-martial may be convened by:

(1) Any person who may convene a general court-martial;

(2) The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;

(3) The commanding officer of a brigade, regiment, group, detached battalion, or corresponding unit of the Army;

(4) The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or

(5) The commanding officer or officer in charge of any other command when empowered by the adjutant general.

If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

Source: SL 2012, ch 175, § 49.
S.D. Codified Laws § 33-5-10 — SD Code / Title 33 / Chapter 5 / Section 33-5-10
Change of residence within state
Status: in_force

If a member of the National Guard changes primary residence within the state, the member may be transferred to a unit of the National Guard located at the place of the new primary residence. If there is no organization of the National Guard located within fifty miles of the member's new primary residence or if no unit vacancy exists in a National Guard unit located within fifty miles of the new primary residence, the member may be transferred to the inactive National Guard or individual ready reserve by order of the Governor.

Source: SL 1887, ch 100, § 17; CL 1887, § 1933; RPolC 1903, § 2475; SL 1913, ch 267, §§ 30, 31; SL 1917, ch 297, § 35; RC 1919, § 10593; SDC 1939, § 41.0145; SL 1972, ch 186, § 2; SL 2007, ch 187, § 56.
S.D. Codified Laws § 33-14-16 — SD Code / Title 33 / Chapter 14 / Section 33-14-16
Immunity from arrest while performing military duties--Exceptions--Exemption from other public duties
Status: in_force

No officer or enlisted member of the South Dakota State Guard may be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where the officer or member is ordered to attend for military duty. Every officer and enlisted member serving in the South Dakota State Guard is exempt from service upon any posse comitatus and from jury duty.

Source: SL 1941, ch 174, § 12; SDC Supp 1960, § 41.01B12 (2); SL 2007, ch 187, § 148.
S.D. Codified Laws § 33-11-13 — SD Code / Title 33 / Chapter 11 / Section 33-11-13
Donation of armory at Sisseton
Status: in_force

The Department of the Military shall donate the state's interest in the National Guard armory located in Sisseton to the city of Sisseton subject to the city's acceptance of the property as the property exists on the date of acceptance.

The Governor shall execute a quitclaim deed which shall be attested by the commissioner of School and Public Lands, to transfer all of the state's right, title and interest in the real estate and improvements commonly known as the Sisseton National Guard Armory, located at the Lots One, Two, Three, Four, Five, Six, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-one, Twenty-two, Twenty-three and Twenty-four Block Fifty-four, city of Sisseton in Roberts County, South Dakota, as such deed was recorded in Book 51 of Deeds on page 187 in the Roberts County Register of Deeds Office, to the city of Sisseton subject to any applicable statutory and constitutional reservations.

Source: SL 2011, ch 150, §§ 1, 2.
S.D. Codified Laws § 33-3-23 — SD Code / Title 33 / Chapter 3 / Section 33-3-23
Target practice--Competition
Status: in_force

The Governor may order target practice as the allowance of ammunition will permit and shall offer suitable medals, badges, or trophies, to be inscribed and given in the name of the state, to the persons and organizations who, upon competition, show their superior attainments as marksmen. The provisions of this section shall be carried out under orders and regulations issued by the Governor.

Source: SL 1887, ch 100, § 40; CL 1887, § 1956; RPolC 1903, § 2494; SL 1903, ch 185, § 54; SL 1917, ch 297, § 82; RC 1919, § 10642; SDC 1939, § 41.0190; SL 1979, ch 229; SL 2007, ch 187, § 32.
S.D. Codified Laws § 33-10-89 — SD Code / Title 33 / Chapter 10 / Section 33-10-89
Additional members of special court-martial
Status: in_force

If a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused, and counsel for both sides.

Source: SL 2012, ch 175, § 70.
S.D. Codified Laws § 33-10-183 — SD Code / Title 33 / Chapter 10 / Section 33-10-183
Extension of time for submission
Status: in_force

If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action pursuant to this code, for good cause, may extend the applicable period pursuant to § 33-10-182 for not more than an additional twenty days.

Source: SL 2012, ch 175, § 164.
S.D. Codified Laws § 33-10-281 — SD Code / Title 33 / Chapter 10 / Section 33-10-281
Wrongful use, possession, or distribution of controlled substances
Status: in_force

Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of any state military forces a substance described in § 33-10-282 shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 262.
S.D. Codified Laws § 33-10-63 — SD Code / Title 33 / Chapter 10 / Section 33-10-63
Jurisdiction of general courts-martial
Status: in_force

Subject to § 33-10-62 , general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code.

Source: SL 2012, ch 175, § 44.
S.D. Codified Laws § 33-10-179 — SD Code / Title 33 / Chapter 10 / Section 33-10-179
Error of law
Status: in_force

A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

Source: SL 2012, ch 175, § 160.
S.D. Codified Laws § 33A-2-35 — SD Code / Title 33A / Chapter 2 / Section 33A-2-35
Homeless veterans program or initiative
Status: in_force

The Department of Veterans Affairs shall work with federal officials and any organization or consortium to develop a program or initiative for homeless veterans. The department shall encourage county and tribal veterans service officers to participate in a veterans homeless program or initiative.

Source: SL 2003, ch 177, § 1; § 33-17-40; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 8.
S.D. Codified Laws § 33-10-95 — SD Code / Title 33 / Chapter 10 / Section 33-10-95
Charges and specifications
Status: in_force

Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer authorized by § 33-10-298 or 33-10-299 , to administer oaths and shall state:

(1) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and

(2) That they are true in fact to the best of the signer's knowledge and belief.

Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.

Source: SL 2012, ch 175, § 76.
S.D. Codified Laws § 33-10-208 — SD Code / Title 33 / Chapter 10 / Section 33-10-208
Disposition of records
Status: in_force

Except as otherwise required by this code, all records of trial and related documents shall be transmitted and disposed of as prescribed by rule and provided by law.

Source: SL 2012, ch 175, § 189.
S.D. Codified Laws § 33-10-220 — SD Code / Title 33 / Chapter 10 / Section 33-10-220
Petition for new trial
Status: in_force

At any time within two years after approval by the convening authority of a court-martial sentence the accused may petition the adjutant general for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.

Source: SL 2012, ch 175, § 201.
S.D. Codified Laws § 33-10-207 — SD Code / Title 33 / Chapter 10 / Section 33-10-207
Action by adjutant general regarding subject matter jurisdiction
Status: in_force

The record of trial and related documents in each case reviewed pursuant to § 33-10-206 shall be sent for action to the adjutant general. The adjutant general may:

(1) If subject matter jurisdiction is found to be lacking, void the court-martial ab initio , with or without prejudice to the government, as the adjutant general deems appropriate; or

(2) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.

Source: SL 2012, ch 175, § 188.
S.D. Codified Laws § 33-4-9 — SD Code / Title 33 / Chapter 4 / Section 33-4-9
Oath of office
Status: in_force

Commissioned officers of the national guard shall take and subscribe to the following oath of office: "I, _______, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of South Dakota, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of South Dakota; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of _______, in the National Guard of the United States and of the State of South Dakota, upon which I am about to enter, so help me God."

Source: PolC 1877, ch 30, § 22; SL 1887, ch 100, § 32; CL 1887, § 1948; RPolC 1903, § 2487; SL 1917, ch 297, § 24; RC 1919, § 10577; SDC 1939, § 41.0130.
S.D. Codified Laws § 33-10-172 — SD Code / Title 33 / Chapter 10 / Section 33-10-172
Fees for confinement
Status: in_force

No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law. If no military confinement facility is available and a civilian facility charges fees as provided by law, the person confined shall be responsible for such costs.

Source: SL 2012, ch 175, § 153.
S.D. Codified Laws § 33-10-250 — SD Code / Title 33 / Chapter 10 / Section 33-10-250
Unlawful enlistment, appointment, or separation
Status: in_force

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 231.
S.D. Codified Laws § 33A-4-4 — SD Code / Title 33A / Chapter 4 / Section 33A-4-4
Enforcement of federal regulations--Promulgation of rules--Punishment for violation of rules
Status: in_force

The Department of Veterans Affairs shall provide for the enforcement of all applicable federal regulations to enable this state to receive aid that is extended by the United States government to states that maintain institutions of the character of the State Veterans' Home. The department shall prescribe the method of the local management of the home and shall promulgate rules pursuant to chapter 1-26 for the maintenance of order and discipline and the preservation of the health and comfort of the members of the home. Any violation of the rules is punishable by suspension or expulsion in the judgment of the secretary of veterans affairs upon the charges filed by the superintendent of the home.

Source: SL 1911, ch 230, § 6; SL 1913, ch 325, § 6; SL 1917, ch 344, § 2; RC 1919, § 9953; SL 1931, ch 227; SDC 1939, § 41.0206; SL 1989, ch 286, § 2; SL 2007, ch 187, § 209; § 33-18-2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 7.
S.D. Codified Laws § 33-10-180 — SD Code / Title 33 / Chapter 10 / Section 33-10-180
Lesser included offense
Status: in_force

Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.

Source: SL 2012, ch 175, § 161.
S.D. Codified Laws § 33-10-43 — SD Code / Title 33 / Chapter 10 / Section 33-10-43
Reports of prisoners
Status: in_force

Each person authorized to receive prisoners pursuant to this code to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.

Source: SL 2012, ch 175, § 24.
S.D. Codified Laws § 33A-1-19 — SD Code / Title 33A / Chapter 1 / Section 33A-1-19
Assistant attorney general assigned to department
Status: in_force

The attorney general shall assign to the Department of Veterans Affairs an assistant attorney general who is, if available, an honorably discharged war veteran. The assistant attorney general shall serve the department for a period of time deemed necessary for the adequate protection of the interests of veterans and of the state.

Source: SL 1944 (SS), ch 3, § 10; SDC Supp 1960, § 41.0410; SL 2007, ch 187, § 155; SDCL § 33-16-21; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-9-10 — SD Code / Title 33 / Chapter 9 / Section 33-9-10
Immunity of commanding officers and members of military forces
Status: in_force

The commanding officer and members of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws, have the same immunity as law enforcement officers.

Source: SDC 1939, § 41.0179; SL 2007, ch 187, § 85.
S.D. Codified Laws § 33-5-11 — SD Code / Title 33 / Chapter 5 / Section 33-5-11
Conditions for discharge before expiration of enlistment
Status: in_force

In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except:

(1) By order of the President or secretary of defense;

(2) By sentence of a general court-martial;

(3) By direction of the Governor on account of disability, on account of sentence of imprisonment by civil court, on account of a bona fide permanent change of residence to another state or territory, or as provided for by regulations established by the secretary of defense;

(4) In compliance with an order of one of the United States courts on writ of habeas corpus.

Source: SL 1887, ch 100, § 34; CL 1887, § 1950; RPolC 1903, § 2489; SL 1913, ch 267, § 33; SL 1917, ch 297, § 35; RC 1919, § 10592; SDC 1939, § 41.0144; SL 2007, ch 187, § 57.
S.D. Codified Laws § 33-10-279 — SD Code / Title 33 / Chapter 10 / Section 33-10-279
Negligent hazarding of vessel
Status: in_force

Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or any state military forces shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 260.
S.D. Codified Laws § 33A-5-7 — SD Code / Title 33A / Chapter 5 / Section 33A-5-7
County appropriations to purchase burial plots--Conditions
Status: in_force

Any county may appropriate money with which to purchase lots or plots of ground in any cemetery or burial ground for the burial of any veteran as defined by § 33A-2-1 , or the veteran's spouse, if the veteran or the veteran's spouse had a legal residence within the county at the time of his or her death.

Source: SL 1927, ch 192; SL 1929, ch 226, § 1; SDC 1939, § 12.1912; SL 1943, ch 31; SL 1986, ch 27, § 20; SL 2007, ch 187, § 228; § 33-19-8; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-2-7 — SD Code / Title 33A / Chapter 2 / Section 33A-2-7
Credit for amount of tax already paid
Status: in_force

If the tax referred to in § 33A-2-6 has been paid on articles of merchandise so sold by wholesalers, distributors, and manufacturers to such instrumentalities of the armed forces of the United States, including voluntary unincorporated organizations of army or navy personnel, located on exclusive federal areas, as evidenced by the affixing of stamps thereto, and such sales are exempted from tax by § 33A-2-6 , then the secretary of revenue may authorize the state treasurer to allow any such wholesaler, distributor, or manufacturer a credit equal to the amount of the tax paid on such articles against future stamp purchases.

Source: SDC 1939, § 41.0162 as added by SL 1951, ch 207; SL 1973, ch 2 (Ex. Ord. 73-1), § 278; SDCL § 33-17-13; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-4-30 — SD Code / Title 33A / Chapter 4 / Section 33A-4-30
Approval of application for admission
Status: in_force

Applications for admission to the State Veterans Home are approved by the Department of Veterans Affairs.

Source: SL 1911, ch 230, § 10; SL 1913, ch 325, § 9; RC 1919, § 9956; SDC 1939, § 41.0209; SL 1951, ch 212, § 1; SL 1959, ch 242, § 2; SL 1982, ch 254, § 7; SL 1987, ch 250, § 4; § 33-18-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 28.
S.D. Codified Laws § 33-12-20 — SD Code / Title 33 / Chapter 12 / Section 33-12-20
Suit for missing or destroyed property--Absence of fault--Release from liability
Status: in_force

The Governor shall cause suit to be brought whenever necessary to make good any injury, want of repair, or loss of any quartermaster or ordnance stores or supplies or other state property. However, if any such stores or property belonging to the state are lost, destroyed, or damaged without the fault or neglect of the officer responsible for the stores or property, the officer and sureties may, by order of the Governor, on the report of a board of survey or other satisfactory proof, be relieved of all liability for the stores or property.

Source: SL 1903, ch 185, § 25; SL 1917, ch 297, § 27; RC 1919, § 10580; SDC 1939, § 41.0133; SL 2007, ch 187, § 125.
S.D. Codified Laws § 33A-2-31 — SD Code / Title 33A / Chapter 2 / Section 33A-2-31
Separability of bonus provisions
Status: in_force

If any provisions of §§ 33A-2-10 to 33A-2-33 , inclusive, or the application thereof to any person or circumstance or the validity or effectiveness of any one or more of the sources of payment provided are invalid, such invalidity or ineffectiveness does not affect the remaining provisions of §§ 33A-2-10 to 33A-2-33 , inclusive.

Source: SL 1969, ch 173, § 18; SL 2007, ch 187, § 185; SDCL § 33-17-36; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-6-6 — SD Code / Title 33 / Chapter 6 / Section 33-6-6
Member tuition benefit--State technical college programs--Limitations
Status: in_force

Any member of the South Dakota National Guard, who is a resident of the state and who possesses the entrance requirements for admission to any technical college program, is entitled to complete one program of study approved by the Board of Technical Education in any state technical college. One hundred percent of tuition must be paid or otherwise credited by the technical college. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.

Source: SL 1975, ch 147, § 2; SL 1992, ch 234, § 1; SL 1997, ch 199, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27, eff. Apr. 12, 2011; SL 2016, ch 109, § 16; SL 2017, ch 81, § 57; SL 2017, ch 146, § 1, eff. Mar. 2, 2017; SL 2020, ch 61, § 54; SL 2020, ch 64, § 2; SL 2023, ch 110, § 5.
S.D. Codified Laws § 33-10-253 — SD Code / Title 33 / Chapter 10 / Section 33-10-253
Punishment for desertion
Status: in_force

Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than ten years or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment as a court-martial may direct.

Source: SL 2012, ch 175, § 234.