S.D. Codified Laws § 23A-14-11 — SD Code / Title 23A / Chapter 14 / Section 23A-14-11
John Doe subpoena for examination before magistrate--Compelling obedience
Status: in_force

Whenever a complaint verified positively or upon information and belief by a prosecuting attorney is laid before a committing magistrate that a criminal offense has been committed in this state and asking for an investigation of the same, such magistrate shall issue his subpoena requiring any person he may deem proper to attend before him at the time and place mentioned in such subpoena and submit to an examination and give testimony concerning any violation of law about which he may be questioned. No witness shall refuse to comply with such subpoena because his fee therefor has not been paid in advance and his attendance may be compelled by attachment as in the case of other witnesses.

Source: SDC 1939 & Supp 1960, § 34.0901; SDCL, § 23-20-10; SL 1978, ch 178, § 483.
S.D. Codified Laws § 23A-6-12 — SD Code / Title 23A / Chapter 6 / Section 23A-6-12
Description of money taken by robbery or theft
Status: in_force

In a prosecution for robbery or theft of money, it is sufficient to allege generally in the indictment or information a robbery or theft of money, and it is sufficient to maintain the charge in the indictment or information that money was obtained by robbery or theft without regard to a particular description of the money stolen or obtained.

Source: Supreme Court Rule 373, 1939; SDC 1939 & Supp 1960, § 34.3016; SDCL, § 23-32-16; SL 1978, ch 178, § 69.
S.D. Codified Laws § 23A-27A-10 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-10
Sentence review consolidated with direct appeal--Decision
Status: in_force

The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.

Source: SL 1979, ch 160, § 14.
S.D. Codified Laws § 23-14-18 — SD Code / Title 23 / Chapter 14 / Section 23-14-18
Deaths to be investigated by coroner
Status: in_force

The county coroner shall investigate any human death if a determination of the cause and manner of death is in the public interest. Nothing in the provisions of this section, § 23-14-9.1 , 23-14-19 , 23-14-20 , 34-26-2 , 34-26-5 , or 34-26-14 supersedes the obligation of any county sheriff to pursue and apprehend all felons pursuant to § 7-12-1 . Deaths which are in the public interest, without limitation, are:

(1) All deaths by unnatural means or if there is a suspicion of unnatural means, including all deaths of accidental, homicidal, suicidal, and undetermined manner, regardless of suspected criminal involvement in the death;

(2) All deaths where the identity of the victim is unknown or the body is unclaimed;

(3) All deaths of inmates of any state, county, or municipally operated correctional facility, mental institution, or special school;

(4) All deaths believed to represent a public health hazard;

(5) At the discretion of the coroner, all deaths of children under two years of age resulting from an unknown cause or if the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death; and

(6) All natural deaths if the decedent is not under the care of a physician, physician's assistant, or certified nurse practitioner or if the decedent's physician, physician's assistant, or certified nurse practitioner does not feel qualified to sign the death certificate. However, the lack of an attending physician may not be construed to require an investigation or autopsy solely because the decedent was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination.

Source: SL 1985, ch 191, § 1; SL 1990, ch 170, § 2; SL 1991, ch 198, § 1; SL 2017, ch 171, § 50.
S.D. Codified Laws § 23-26A-3 — SD Code / Title 23 / Chapter 26A / Section 23-26A-3
Magistrate's direction to prosecuting attorney to investigate
Status: in_force

The committing magistrate shall notify the prosecuting attorney of his action and shall direct him to investigate the case to ascertain the validity of the affidavits and documents required by § 23-26A-1 and the identity and authority of the affiant.

Source: SL 1978, ch 174, § 3.
S.D. Codified Laws § 23-7-8.13 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.13
Grace period for renewal of permit
Status: in_force

Upon the expiration of a permit to carry a concealed pistol that was issued pursuant to this chapter, the permit holder has a thirty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol.

Source: SL 2017, ch 103, § 1; SL 2019, ch 113, § 12; SL 2020, ch 96, § 1.
S.D. Codified Laws § 23A-35B-4 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-4
Testing procedure--Notification of victim as to results--Payment for testing
Status: in_force

A health professional licensed or certified to do so shall take the blood samples required for testing for blood - borne pathogen infection and forward them to the Department of Health for testing. The testing shall take place under a test protocol determined by the Department of Health. A licensed physician designated by the victim or the law enforcement officer to receive the results of the test shall notify the victim or the law enforcement officer of the results of the victim's or law enforcement officer's test and shall notify the victim or the law enforcement officer and the defendant or the juvenile of the results of the defendant's or the juvenile's test within forty - eight hours after receipt. The county in which the alleged crime of violence, assault, sexual assault, or equivalent juvenile offense occurred shall pay for the services of the licensed or certified health professionals involved in the counseling and the testing, and a defendant, if convicted, shall reimburse the county for the costs of the testing. If the defendant is an inmate under the jurisdiction of the Department of Corrections, the costs of the testing shall be taken from the inmate's account pursuant to § 24-2-29 .

Source: SL 1991, ch 203, § 3; SL 1992, ch 172, § 4; SL 1993, ch 184, § 4; SL 2002, ch 121, § 2.
S.D. Codified Laws § 23A-40-7 — SD Code / Title 23A / Chapter 40 / Section 23A-40-7
Representation provided by county or municipality for indigents detained without formal charge
Status: in_force

The board of county commissioners of each county and the governing body of any municipality shall provide for the representation of indigent persons described in § 23A-40-6 . The board or body shall provide this representation by any or all of the following:

(1) Establishing and maintaining an office of a public defender;

(2) Arranging with the courts in the county to appoint attorneys on an equitable basis through a systematic, coordinated plan; or

(3) Contracting with any attorney licensed to practice law in this state.

In those counties which have established an office of public defender, any proceedings after judgment may be assigned to the public defender. The provisions of chapter 5-18A do not apply to this section.

Source: SL 1979, ch 159, §§ 34, 35; SL 1998, ch 152, § 1; SL 2011, ch 2, § 132.
S.D. Codified Laws § 23A-40-21 — SD Code / Title 23A / Chapter 40 / Section 23A-40-21
Training on mental illness and services
Status: in_force

Each court-appointed defense attorney shall receive training on mental illness, available mental health services, eligibility criteria and referral processes, and forensic evaluations.

Source: SL 2017, ch 109, § 25, eff. July 1, 2018.
S.D. Codified Laws § 23A-43-16 — SD Code / Title 23A / Chapter 43 / Section 23A-43-16
Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions
Status: in_force

On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment, pending the expiration of time for filing notice of appeal, and pending the outcome of the appeal. The court in determining the eligibility of the defendant for release shall consider the criteria as set forth in § 23A-43-4 , the risk that the defendant will flee or pose a danger to any person or to the community, and in the case of an appeal, whether the appeal is frivolous or taken for purposes of delay. If the court in its discretion determines that the defendant is eligible for release, the court shall release the defendant in accordance with §§ 23A-43-2 and 23A-43-3 . If, however, the judgment imposes only a fine, conditional release under this section is a matter of right. The provisions of §§ 23A-43-14 and 23A-43-15 do not apply to persons described in this section; however, other rights to judicial review of conditions of release or orders of detention are not affected.

Source: SDC 1939 & Supp 1960, § 34.1803; SDCL, § 23-26-4; SL 1978, ch 178, § 517; SL 1985, ch 200, § 2.
S.D. Codified Laws § 23-24A-14 — SD Code / Title 23 / Chapter 24A / Section 23-24A-14
Time for trial after return to requesting state--Continuance
Status: in_force

In respect of any proceeding made possible by §§ 23-24A-12 and 23-24A-13 , trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

Source: SL 1972, ch 150, § 12.
S.D. Codified Laws § 23-24-12 — SD Code / Title 23 / Chapter 24 / Section 23-24-12
Application for habeas corpus to test legality of arrest
Status: in_force

If a prisoner taken before a judge pursuant to § 23-24-11 or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

Source: SDC 1939, § 34.1710; SL 1953, ch 200, § 10.
S.D. Codified Laws § 23A-17-1 — SD Code / Title 23A / Chapter 17 / Section 23A-17-1
(Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where arrested or held--Approval by prosecuting attorneys--Transmittal of papers
Status: in_force

A defendant arrested, held, or present in a county other than that in which the indictment, information, or complaint is pending against him may state in writing that he wishes to plead guilty or nolo contendere, to waive trial in the county in which the indictment, information, or complaint is pending and to consent to disposition of the case in the county in which he was arrested, is held, or is present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and of the written approval of the prosecuting attorney, the clerk of the court or the court in which the indictment, information, or complaint is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court or court for the county in which the defendant is held and the prosecution shall continue in that county.

Source: SL 1978, ch 178, § 221.
S.D. Codified Laws § 23A-36-2 — SD Code / Title 23A / Chapter 36 / Section 23A-36-2
Hearing on search warrant for obscene material--Evidence received
Status: in_force

The hearing on the affidavit for the issuance of a search warrant shall be at such time and upon such reasonable notice given in such manner as the magistrate may direct. The magistrate's order as to notice and hearing shall give the adverse party the right to appear and produce the matter described in the affidavit for a search warrant, but shall not in any manner require him to produce the said matter.

Source: SL 1974, ch 165, § 8; SDCL Supp, § 22-24-40; SL 1978, ch 178, § 453.
S.D. Codified Laws § 23-3-19 — SD Code / Title 23 / Chapter 3 / Section 23-3-19
Performance by division of other required duties
Status: in_force

It shall be the duty of the Division of Criminal Investigation to perform such other duties as may be prescribed by law or the orders of the Governor or attorney general in carrying out an effective plan for the investigation, detection, prevention of crime, and apprehension of criminals, fugitives, or persons charged with violation of law.

Source: SDC 1939, § 55.1603 (7).
S.D. Codified Laws § 23-3-16 — SD Code / Title 23 / Chapter 3 / Section 23-3-16
System of criminal identification and investigation--Maintenance by division
Status: in_force

It shall be the duty of the Division of Criminal Investigation to establish, develop, and carry on a system of criminal identification and investigation.

Source: SDC 1939, § 55.1603 (5).
S.D. Codified Laws § 23-3-39.2 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.2
Criteria for accepting person not employed as an officer in training program
Status: in_force

The Law Enforcement Officers Standards Commission may establish criteria for acceptance into any of its training programs of any resident of the State of South Dakota who is not employed as a law enforcement officer when he applies for admission to the program.

Source: SL 1983, ch 181, § 1.
S.D. Codified Laws § 23A-16-18 — SD Code / Title 23A / Chapter 16 / Section 23A-16-18
Venue of prosecution of perjury
Status: in_force

Perjury may be prosecuted in the circuit court for either the county where the proceeding or action is venued or where the act of perjury was committed.

Source: SL 2002, ch 113, § 2.
S.D. Codified Laws § 23-5A-24 — SD Code / Title 23 / Chapter 5A / Section 23-5A-24
Discovery rules govern access to DNA records
Status: in_force

In the case of a criminal proceeding, requests to access a person's DNA record shall be in accordance with the rules for criminal discovery under Title 23A.

Source: SL 2003, ch 133, § 24.
S.D. Codified Laws § 23A-16-13 — SD Code / Title 23A / Chapter 16 / Section 23A-16-13
Venue of offense by sending letter from one county to another
Status: in_force

When the sending of a letter is made a public offense by the statutes of this state, the venue of the offense is in any county where the letter is deposited or delivered or where it is received by the person to whom it is addressed.

Source: SDC 1939, § 13.0107; SDCL, § 22-1-7 ; SL 1976, ch 158, § 1-6 ; SDCL Supp, § 23-9-17.1; SL 1978, ch 178, § 213.
S.D. Codified Laws § 23A-48-17 — SD Code / Title 23A / Chapter 48 / Section 23A-48-17
Certain probationers ineligible for earned discharged credits
Status: in_force

Any probationer serving a term of supervised probation as the result of a sex offense under § 22-24B-1 , a violation of the sex offender registry requirements, or a violation of community safety zone requirements is not eligible for earned discharge credits under §§ 23A-48-15 to 23A-48-22 , inclusive.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 3), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-35A-26 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-26
Issuance of ex parte order authorizing use of pen register or trap and trace device
Status: in_force

Upon an application made under §§ 23A-35A-24 and 23A-35A-25 , the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the law enforcement or investigative officer has certified to the court that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation.

Source: SL 1988, ch 194, § 6.
S.D. Codified Laws § 23A-32-14 — SD Code / Title 23A / Chapter 32 / Section 23A-32-14
Provisions as to civil appeals applicable unless otherwise provided
Status: in_force

Except as otherwise expressly provided in this chapter, all provisions of Title 15 with reference to settlement of the record, certification, and transmission thereof to the clerk of the Supreme Court, laying the foundation for appellate review of alleged errors, preparing, serving, and filing of briefs, and presentation and argument of the appeal, shall apply to appeals under this title except to the extent that such provisions by their context are clearly inapplicable.

Source: SDC 1939 & Supp 1960, § 34.4105; SDCL, § 23-51-7; SL 1978, ch 178, § 392.
S.D. Codified Laws § 23A-20-18 — SD Code / Title 23A / Chapter 20 / Section 23A-20-18
Allowance or disallowance of challenge to individual juror
Status: in_force

When a challenge to an individual juror is tried, the court must either allow or disallow the challenge and direct an entry accordingly upon the minutes.

Source: Supreme Court Rule 394, 1939; SDC 1939 & Supp 1960, § 34.3621; SDCL, § 23-43-39; SL 1978, ch 178, § 249.
S.D. Codified Laws § 23-3-14 — SD Code / Title 23 / Chapter 3 / Section 23-3-14
Cooperation of division with local peace officers
Status: in_force

It shall be the duty of the Division of Criminal Investigation to cooperate with the various sheriffs, constables, policemen, and other peace officers of this state in performance of their duties relating to crime and criminal proceedings.

Source: SDC 1939, § 55.1603 (3).
S.D. Codified Laws § 23A-25-8 — SD Code / Title 23A / Chapter 25 / Section 23A-25-8
Request by jury for further instructions--Notice to and presence of parties
Status: in_force

After jurors have retired for deliberation, if there is a disagreement among them as to any part of the testimony or if they desire to be informed upon a point of law arising in the case, they shall ask the officer having them in charge to convey their written request to the court. Any information allowed by the court must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, and must be taken down by the court reporter.

Source: SDC 1939 & Supp 1960, § 34.3655; SDCL, § 23-45-3; SL 1978, ch 178, § 315.
S.D. Codified Laws § 23A-40-15 — SD Code / Title 23A / Chapter 40 / Section 23A-40-15
Foreclosure prohibited upon homestead or exempt personal property
Status: in_force

No lien provided for in this chapter shall be foreclosed upon the homestead, as defined by chapter 43-31 , of the recipient or his family, nor upon any personal property which is exempt from process under chapter 43-45 .

Source: SL 1979, ch 159, § 39.
S.D. Codified Laws § 23-24-19 — SD Code / Title 23 / Chapter 24 / Section 23-24-19
Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail
Status: in_force

If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate judge may again take bail for his appearance and surrender as provided in § 23-24-18 , but within a period not to exceed sixty days after the date of such new bond.

Source: SDC 1939, § 34.1716; SL 1953, ch 200, § 17.
S.D. Codified Laws § 23-5A-19 — SD Code / Title 23 / Chapter 5A / Section 23-5A-19
Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution
Status: in_force

The results of any analyses conducted pursuant to this chapter from a person adjudicated delinquent may be used for any law enforcement identification purpose, including adult prosecutions.

Source: SL 2003, ch 133, § 19.
S.D. Codified Laws § 23-24A-12 — SD Code / Title 23 / Chapter 24A / Section 23-24A-12
State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner
Status: in_force

The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending is entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with § 23-24A-17 upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated, provided that the court, having jurisdiction of such indictment, information, or complaint has duly approved, recorded, and transmitted the request, and provided that there is a period of thirty days after receipt by the appropriate authorities before the request is honored, during which period the Governor of the sending state may disapprove the request for temporary custody or availability, either upon the Governor's own motion or upon motion of the prisoner. The prisoner shall receive immediate notice of a request and shall be informed of his right to petition the Governor of the sending state to disapprove the request.

Source: SL 1972, ch 150, § 10; SL 2023, ch 3, § 35.
S.D. Codified Laws § 23-3-27.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-27.1
Tribal law enforcement defined
Status: in_force

The term, tribal law enforcement, means law enforcement agencies administered by one of the federally recognized Indian tribes or Bureau of Indian Affairs with land geographically located within the borders of this state.

Source: SL 2018, ch 139, § 6.
S.D. Codified Laws § 23A-27A-26.1 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26.1
Death penalty not to be imposed on intellectually disabled person
Status: in_force

Notwithstanding any other provision of law, the death penalty may not be imposed upon any person who was intellectually disabled at the time of the commission of the offense and whose intellectual disability was manifested and documented before the age of eighteen years.

Source: SL 2000, ch 112, § 1; SL 2018, ch 148, § 1.
S.D. Codified Laws § 23A-5-6 — SD Code / Title 23A / Chapter 5 / Section 23A-5-6
(Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings
Status: in_force

The court shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman shall have power to administer oaths and affirmations and shall sign all indictments. During the absence of the foreman, the deputy foreman shall act as foreman and shall have the same powers and duties as the foreman.

The grand jury must appoint one of its members as clerk, who must preserve minutes of its proceedings and of the evidence given before it. The clerk shall keep a record of the number of the jurors concurring in the finding of every indictment, but not the votes of the individual members, and shall file the record with the clerk of the court, but the record shall not be made public except on the order of the court.

Source: SDC 1939 & Supp 1960, §§ 34.1210, 34.1213, 34.1224, 34.1233; SL 1967, ch 144; SDCL, §§ 23-29-9, 23-29-13, 23-30-9, 23-31-6; SL 1978, ch 178, § 48.
S.D. Codified Laws § 23-3-15 — SD Code / Title 23 / Chapter 3 / Section 23-3-15
Cooperation of division with agencies of other state, tribal governments, and FBI
Status: in_force

It shall be the duty of the Division of Criminal Investigation to cooperate with similar divisions, bureaus, or departments of other states, tribal governments, or of the Bureau of Investigation of the Department of Justice in Washington, D.C.

Source: SDC 1939, § 55.1603 (4); SL 2018, ch 139, § 1.
S.D. Codified Laws § 23-5-8 — SD Code / Title 23 / Chapter 5 / Section 23-5-8
Warden of correctional facility--Furnishing of identification of inmates, transmission to Division of Criminal Investigation
Status: in_force

The warden of the state correctional facility shall furnish photographs, fingerprints, and other identifying information of all inmates received at such institution and shall transmit the same to the Division of Criminal Investigation.

Source: SDC 1939, § 55.1605; SL 1966, ch 161, § 4; SL 2023, ch 82, § 20.
S.D. Codified Laws § 23-6-15 — SD Code / Title 23 / Chapter 6 / Section 23-6-15
Acceptance of rewards by director or employees prohibited
Status: in_force

No rewards for the apprehension or conviction of any person or for the recovery of any property may be accepted by the director, or by any employee of the bureau, but any such reward, if paid to the director or an employee of the bureau shall be paid into the state treasury and credited to the general fund of the state.

Source: SL 1939, ch 138, § 16; SDC Supp 1960, § 55.15A15.
S.D. Codified Laws § 23A-40-17 — SD Code / Title 23A / Chapter 40 / Section 23A-40-17
Court appointed attorney and public defender payment fund established
Status: in_force

There is hereby created in the Office of the State Treasurer a court appointed attorney and public defender payment fund.

Source: SL 1982, ch 186, § 6.
S.D. Codified Laws § 23A-26-7 — SD Code / Title 23A / Chapter 26 / Section 23A-26-7
Verdict as to degree of crime--Lowest degree found on reasonable doubt
Status: in_force

Whenever a crime is distinguished by degrees, a jury, if it convicts an accused, shall find the degree of the crime of which he is guilty and include that finding in its verdict. When there is a reasonable ground of doubt as to which of two or more degrees an accused is guilty, he can be convicted of only the lowest degree.

Source: SDC 1939, § 13.0104; SDC 1939 & Supp 1960, §§ 34.3635, 34.3671; SDCL, §§ 23-44-6, 23-45-22; SL 1978, ch 178, § 325.
S.D. Codified Laws § 23A-27-2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-2
No forfeiture of property unless expressly imposed
Status: in_force

No conviction of any person for a public offense works any forfeiture of any property except in cases in which a forfeiture is expressly imposed by law.

Source: SDC 1939, § 13.0614; SDCL, § 23-48-29; SL 1978, ch 178, § 333.
S.D. Codified Laws § 23-24A-7 — SD Code / Title 23 / Chapter 24A / Section 23-24A-7
Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition
Status: in_force

The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this section shall be accompanied by copies of the prisoner's written notice, request, and the certificate.

Source: SL 1972, ch 150, § 6.
S.D. Codified Laws § 23A-9-4 — SD Code / Title 23A / Chapter 9 / Section 23A-9-4
(Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify
Status: in_force

Upon the failure of either party to comply with the requirements of § 23A-9-1 , 23A-9-2 , or 23A-9-3 , the court shall exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from or presence at, the scene of the alleged offense. This section shall not limit the right of a defendant to testify in his own behalf.

Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, § 34.2801; SDCL, § 23-37-6 ; SL 1974, ch 168, § 1; SDCL Supp, § 23-37-5; SL 1978, ch 178, § 120; SL 1979, ch 159, § 8.
S.D. Codified Laws § 23A-37-2 — SD Code / Title 23A / Chapter 37 / Section 23A-37-2
Safekeeping of seized property
Status: in_force

Seized property shall be safely kept and may not be taken from its custodian as long as it is required as evidence in any trial without an order of such court.

Source: SL 1978, ch 178, § 463.
S.D. Codified Laws § 23A-28B-41 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-41
Payments from fund--Warrants--Vouchers
Status: in_force

Expenditures authorized by this chapter from the crime victims' compensation fund shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the department.

Source: SL 1991, ch 201, § 41.
S.D. Codified Laws § 23-24B-4 — SD Code / Title 23 / Chapter 24B / Section 23-24B-4
Proceedings conducted between circuit judge and tribal judge or magistrate
Status: in_force

Extradition proceedings under this chapter shall be conducted between the respective state circuit court presiding judge and Indian tribal court judge or magistrate involved in the request for extradition.

Source: SL 1976, ch 162, § 5.
S.D. Codified Laws § 23A-36-9 — SD Code / Title 23A / Chapter 36 / Section 23A-36-9
Verdict on obscenity of material seized
Status: in_force

The jury, or the court, if a jury trial is waived, shall render a general verdict. In the verdict that is rendered, a determination as to whether the material is obscene shall also be made.

Source: SL 1968, ch 29, § 8; SDCL Supp, § 22-24-18; SL 1974, ch 165, § 4; SDCL Supp, § 22-24-50; SL 1978, ch 178, § 460.
S.D. Codified Laws § 23A-46-1.1 — SD Code / Title 23A / Chapter 46 / Section 23A-46-1.1
List of professionals qualified to conduct evaluations
Status: in_force

The licensing board of each professional listed in § 23A-46-1 shall maintain a list of each professional licensed under their authority qualified to conduct competency evaluations. The Department of Social Services shall maintain a list of those evaluators for use by the courts in coordination with Department of Health, as needed.

Source: SL 2017, ch 109, § 19.
S.D. Codified Laws § 23A-24-2 — SD Code / Title 23A / Chapter 24 / Section 23A-24-2
Order of proceedings at trial
Status: in_force

After a jury has been impaneled and sworn, a trial must proceed in the following order:

(1) If the indictment or information is for a felony, the clerk or prosecuting attorney must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with;

(2) The prosecuting attorney or other counsel for the state must make an opening statement and offer the evidence in support of the indictment or information;

(3) The defendant or his counsel may then open his defense and offer his evidence in support thereof. However, the defendant or his counsel may make his opening statement immediately after the prosecuting attorney's opening statement;

(4) The parties may then, respectively, offer rebutting evidence only, unless the court, for good reason, in furtherance of justice or to correct an evident oversight, permits them to offer evidence upon their original case;

(5) The judge must then charge the jury; he may state the issues and must declare the law, but must not instruct the jury in respect to matters of fact; and except as otherwise specially provided in this title all instructions and requests for instructions shall be governed by the law relating thereto in civil actions, except that all requests for instructions must be made before argument to the jury is begun and all objections to the giving or refusing of any instructions must be taken and called to the attention of the court before the jury retires, unless the court shall otherwise direct; and

(6) When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the prosecuting attorney shall open and the defendant or his counsel shall follow; then the prosecuting attorney shall conclude the argument to the jury.

Source: Supreme Court Rule 396, 1939; SDC 1939 & Supp 1960, § 34.3627; SDCL, § 23-42-6; SL 1978, ch 178, § 302.
S.D. Codified Laws § 23-24-20 — SD Code / Title 23 / Chapter 24 / Section 23-24-20
Forfeiture of bail
Status: in_force

If a prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.

Source: SDC 1939, § 34.1717; SL 1953, ch 200, § 18.
S.D. Codified Laws § 23-7-1 — SD Code / Title 23 / Chapter 7 / Section 23-7-1
Definitions applicable to chapter
Status: in_force

Terms used in this chapter, unless the context otherwise requires, mean:

(1) "Antique firearm," a firearm as defined in subdivision § 22-1-2(4);

(2) "Concealed," a firearm as defined in subdivision § 22-1-2(6);

(3) "Crime of violence," an action as defined in subdivision § 22-1-2(9);

(4) "Pistol," a firearm as defined in subdivision § 22-1-2(32);

(5) "Seller," a person as defined in subdivision § 22-1-2(44).

Source: SDC 1939, §§ 21.0101, 21.0201; SL 1963, ch 131; SL 1972, ch 144, § 1; SL 1976, ch 158, § 43-1 ; SL 1978, ch 169, § 10; SL 1984, ch 177, § 1; SL 1985, ch 190, § 7.
S.D. Codified Laws § 23A-43-3 — SD Code / Title 23A / Chapter 43 / Section 23A-43-3
Additional conditions of release imposed when necessary to assure appearance for trial
Status: in_force

If a determination is made that a release pursuant to § 23A-43-2 will not reasonably assure the appearance of the defendant as required, the committing magistrate or court shall, either in lieu of or in addition to the methods of release described in § 23A-43-2 , impose the first of the following conditions of release which will reasonably assure the appearance of the defendant for trial or, if no single condition gives that assurance, any combination of the following conditions:

(1) Place the defendant in the custody of a designated person or organization agreeing to supervise him;

(2) Place restrictions on the travel, association, or place of abode of the defendant during the period of release;

(3) Require the defendant to complete a mental health assessment by a specified date and follow any treatment recommendations. The court shall consider available funding sources before imposing this condition of release;

(4) Require an appearance bond in a specified amount. The bond shall be executed by depositing with the clerk of the court, in cash or other security, as directed, a sum not to exceed ten percent of the amount of the bond. The deposit shall be returned upon the performance of the conditions of release;

(5) Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu of a bail bond; or

(6) Impose any other condition reasonably necessary to assure the defendant's appearance as required, including a condition requiring that the defendant return to custody after specified hours.

Source: SL 1978, ch 178, § 506; SL 2017, ch 109, § 9.
S.D. Codified Laws § 23-24-22 — SD Code / Title 23 / Chapter 24 / Section 23-24-22
Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt
Status: in_force

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided by § 23-24-3 shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.

Source: SDC 1939, § 34.1719; SL 1953, ch 200, § 20.
S.D. Codified Laws § 23A-19-10 — SD Code / Title 23A / Chapter 19 / Section 23A-19-10
Calling of jurors' names when case ready for trial--Attachment for absent jurors
Status: in_force

When a case is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and the court in its discretion may order that an attachment issue against those who are absent; but the court may, in its discretion, wait for the return of the attachment.

Source: SDC 1939 & Supp 1960, § 34.3604; SDCL, § 23-43-2; SL 1978, ch 178, § 271.
S.D. Codified Laws § 23A-27A-15 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-15
Warrant of death sentence and execution--Time of execution
Status: in_force

Whenever judgment of death is rendered, the judge shall also sign and provide to the Governor, the secretary of corrections, and the sheriff of the county where the crime was committed a warrant of death sentence and execution, along with a brief statement of the facts and circumstances of the case, duly attested by the clerk under the seal of the court. The warrant of death sentence and execution shall describe the conviction and sentence and appoint the week within which the sentence shall be executed. The warrant of death sentence and execution shall be directed to the secretary of corrections, commanding the secretary of corrections or a designee of the secretary to execute the sentence on some day within the week appointed.

Source: SL 1939, ch 135, § 1; SDC Supp 1960, § 34.37A01; SDCL § 23-49-1; SL 1979, ch 160, § 17; SL 2008, ch 117, § 2; SL 2023, ch 82, § 35.
S.D. Codified Laws § 23A-27-1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-1
(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution
Status: in_force

Sentences shall be imposed without unreasonable delay, but not within forty-eight hours after determination of guilt. A defendant may waive the forty-eight hour delay. Before imposing a sentence, a court may order a hearing in mitigation or aggravation of punishment. If the defendant is a juvenile convicted as an adult of a Class A or Class B felony, prior to imposing a sentence, the court shall conduct a presentence hearing. At such hearing, the court shall allow the defense counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment. The prosecuting attorney shall have an equivalent opportunity to speak to the court. The circumstances must be presented by the testimony of witnesses examined in open court, except that a witness' deposition may be taken by a magistrate in accordance with chapter 23A-12 . In imposing a sentence, the court shall enter an order of restitution in accordance with chapter 23A-28 .

Source: Supreme Court Rule 410, 1939; SDC 1939 & Supp 1960, §§ 34.3701, 34.3703, 34.3704; SL 1966, ch 120; SDCL §§ 23-48-5, 23-48-11, 23-48-16; SL 1978, ch 178, § 332; SL 1985, ch 192, § 1; SL 2013, ch 105, § 2.
S.D. Codified Laws § 23A-48-3 — SD Code / Title 23A / Chapter 48 / Section 23A-48-3
Adult probation change plan defined
Status: in_force

"Adult probation change plan" means an individualized, documented accountability and behavior change strategy that:

(1) Matches the type and intensity of supervision to the assessed risk of reoffending;

(2) Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation;

(3) Engages the probationer in the development of the plan; and

(4) Establishes a timetable for achieving specific behavioral goals, including a schedule for payments of restitution, child support, and other financial obligations.

Source: SL 2014, ch 256 (Supreme Court Rule 13-14 , § 3), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-24A-11 — SD Code / Title 23 / Chapter 24A / Section 23-24A-11
Dismissal of accusations not tried before return to place of imprisonment
Status: in_force

If trial is not had on any indictment, information, or complaint contemplated by § 23-24A-3 or 23-24A-10 prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

Source: SL 1972, ch 150, § 7.
S.D. Codified Laws § 23-5A-23 — SD Code / Title 23 / Chapter 5A / Section 23-5A-23
Records not public
Status: in_force

Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory pursuant to this chapter is confidential and is not a public record under chapter 1-27 .

Source: SL 2003, ch 133, § 23.
S.D. Codified Laws § 23A-49-3 — SD Code / Title 23A / Chapter 49 / Section 23A-49-3
Stolen and leased conveyances not subject to forfeiture--Exception
Status: in_force

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any state, or while the conveyance was rented or leased from a motor vehicle dealer or a leasing or rental agency and the dealer or agency had no knowledge that the conveyance was being used or intended for use, to transport or in any manner facilitate the commission of any crime in the chapters listed in § 23A-49-20 .

Source: SL 2016, ch 138, § 3.
S.D. Codified Laws § 23A-27-6 — SD Code / Title 23A / Chapter 27 / Section 23A-27-6
(Rule 32(c)(2)) Contents of report of presentence investigation
Status: in_force

The report of a presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition, and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court.

Source: SDC 1939, § 34.3704 as added by SL 1966, ch 120; SDCL, § 23-48-18; SL 1977, ch 198, § 8; SL 1978, ch 178, § 338.
S.D. Codified Laws § 23A-3-25 — SD Code / Title 23A / Chapter 3 / Section 23A-3-25
Authority of federal law enforcement officer
Status: in_force

Any federal law enforcement officer holds the same authority as a state or local law enforcement officer in this state when making an arrest for a nonfederal crime under any of the following circumstances:

(1) The officer has reasonable grounds to believe that a state felony has been committed and that the person arrested committed such felony;

(2) The officer is rendering assistance to a state or local law enforcement officer in an emergency or at the request of the state or local law enforcement officer; or

(3) The officer is participating in a task force composed of state or local law enforcement officers and federal law enforcement officers.

Source: SL 1994, ch 175, § 2.
S.D. Codified Laws § 23A-18-1 — SD Code / Title 23A / Chapter 18 / Section 23A-18-1
(Rule 23(a)) Trial by jury unless waived by parties
Status: in_force

Cases required to be tried by a jury shall be so tried unless the defendant waives a jury trial in writing or orally on the record with the approval of the court and the consent of the prosecuting attorney.

Source: SL 1978, ch 178, § 230.
S.D. Codified Laws § 23A-17-9 — SD Code / Title 23A / Chapter 17 / Section 23A-17-9
Costs and fees on transferred case paid by original county
Status: in_force

The payment of all costs and fees incurred as a result of a transfer and all subsequent proceedings shall be paid by the county where the prosecution was commenced.

Source: SL 1978, ch 178, § 228.
S.D. Codified Laws § 23-5-12.1 — SD Code / Title 23 / Chapter 5 / Section 23-5-12.1
Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent
Status: in_force

The superintendent of any public school or nonpublic school or the owner or operator of any child welfare agency as defined in § 26-6-1 or a certified social worker eligible to engage in private independent practice as defined in § 36-26-17 may submit the name of any person being considered for employment by the school or agency or as an adoptive or foster parent, either directly or by contract, to the Division of Criminal Investigation for a criminal record check. If the division determines the person has a record of criminal convictions, the division shall notify the superintendent, owner, operator, or social worker of the criminal offenses.

Source: SL 1995, ch 126, § 1; SL 2002, ch 116, § 1.
S.D. Codified Laws § 23-7-67 — SD Code / Title 23 / Chapter 7 / Section 23-7-67
Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the person's county of residence, upon lawful demand, a gold card or enhanced permit to carry a concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to the sheriff of the person's county of residence after lawful demand, the sheriff shall direct a law enforcement officer to secure its possession and return in compliance with § 23-7-64 . The law enforcement officer shall receive ten dollars and fifty cents plus mileage at the rate set pursuant to § 3-9-1 to be paid by the violator. Failure to pay the fee and mileage is a Class 2 misdemeanor.

Source: SL 2016, ch 132, § 14, eff. Jan. 1, 2017; SL 2024, ch 20, § 11.
S.D. Codified Laws § 23A-27-21.2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-21.2
Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order
Status: in_force

If a court services officer has probable cause to believe a person on probation has violated the terms and conditions of probation, the court services officer may issue a detainer authorizing anyone having the person in custody to detain the person for up to forty-eight hours, excluding Saturdays, Sundays, and holidays, for the purpose of obtaining a warrant, revocation, bond hearing, or court order. The person shall be released after forty-eight hours, excluding Saturdays, Sundays, and holidays, unless a warrant or court order for further detention has been issued.

Source: SL 2005, ch 128, § 3.
S.D. Codified Laws § 23A-4-2 — SD Code / Title 23A / Chapter 4 / Section 23A-4-2
(Rule 5(b)) Procedure on minor offenses cognizable by magistrate court
Status: in_force

If the charge against a defendant is cognizable by a magistrate pursuant to § 16-12B-8 , the magistrate shall proceed in accordance with that section.

Source: SL 1978, ch 178, § 37.
S.D. Codified Laws § 23-7-71 — SD Code / Title 23 / Chapter 7 / Section 23-7-71
Minors prohibited from carrying concealed pistol except with parent or guardian
Status: in_force

A person who is under the age of eighteen years of age may not carry a concealed pistol except in the presence of a parent or legal guardian.

Source: SL 2019, ch 113, § 15.
S.D. Codified Laws § 23-24B-4.2 — SD Code / Title 23 / Chapter 24B / Section 23-24B-4.2
Scope of circuit judge's inquiry
Status: in_force

The guilt or innocence of an accused as to the crime of which he is charged may not be inquired into by a circuit court judge in any extradition proceeding except as it may be necessary to identify the person held as being the person charged with the crime.

Source: SL 1978, ch 172, § 10.
S.D. Codified Laws § 23A-28B-15 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-15
Application for compensation on behalf of minor or incompetent
Status: in_force

An application for compensation may be made on a minor's behalf by the minor's parent, guardian, or conservator. An application by a protected person may be made on the protected person's behalf by the person's guardian or conservator.

Source: SL 1991, ch 201, § 15; SL 1993, ch 213, § 109; SL 2004, ch 167, § 2.
S.D. Codified Laws § 23-3-52 — SD Code / Title 23 / Chapter 3 / Section 23-3-52
Liquidated costs--Amount--Purposes--Waiver
Status: in_force

In addition to any other penalty, assessment, or fine provided by law, there shall be levied liquidated costs in the amount of fifty dollars for partial reimbursement to state government and its subdivisions for law enforcement and judicial expenses incurred in providing the personnel, training, and facilities relative to the criminal justice system and to the 911 emergency reporting system, on each conviction for the following:

(1) Violation of state statutes or regulations having criminal penalties; or

(2) Violation of county or municipal ordinances.

If a fine is suspended in whole or in part, the liquidated costs for law enforcement and training may not be reduced, except that the judge may waive all or any part of the payment of liquidated costs which would work a hardship on the person convicted or on the person's immediate family.

Source: SL 1977, ch 194, §§ 3, 5; SL 1978, ch 165, § 3; SL 1982, ch 186, § 1; SL 1987, ch 171, § 1; SL 1991, ch 171; SL 1992, ch 170, § 1; SL 1998, ch 142, § 10; SL 1998, ch 143, § 1; SL 2000, ch 110, § 1; SL 2003, ch 120, § 4; SL 2004, ch 160, § 1; SL 2007, ch 148, § 1; SL 2020, ch 91, § 1.
S.D. Codified Laws § 23A-28B-1 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Claimant," any person entitled to apply for compensation pursuant to this chapter;

(2) "Commission," the South Dakota Crime Victims' Compensation Commission as established by § 23A-28B-3 ;

(3) "Crime," conduct that occurs or is attempted in this state, including that arising from domestic violence, human trafficking, and acts of terrorism, as defined in 18 USC § 2331 as of January 1, 1997, which conduct results in personal injury or death and is punishable as a felony or misdemeanor, or would be so punishable except that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state. The term does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, boat, or aircraft unless the conduct was intended to cause or did recklessly cause personal injury or death or unless the conduct constitutes a violation of § 32-23-1 , 22-16-41 , or 22-18-36 ;

(4) "Department," Department of Public Safety;

(5) "Dependent," any spouse, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of the spouse of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death, including any child of the victim born after the victim's death;

(6) "Economic loss," medical and hospital expenses, loss of earnings, loss of future earnings, funeral and burial expenses, homicide scene cleanup expenses, limited personal property losses, mileage, security devices, and loss of economic benefits or support to dependents, including home maintenance and child care expenses;

(7) "Fund," the crime victims' compensation fund established by § 23A-28B-40 ;

(8) "Law enforcement officer," any person as defined in § 22-1-2 ;

(9) "Medical expense," the cost of all medical and dental services, mental health counseling, dental and prosthetic devices, eyeglasses or other corrective lenses, including services rendered in accordance with any method of healing recognized by the laws of this state or the United States;

(10) "Person," any natural person;

(11) "Personal injury," actual bodily harm or emotional distress;

(12) "Victim," any person who suffers personal injury or death as a direct result of:

(a) A crime, including a federal crime occurring in this state;

(b) A good faith effort by the person to prevent the commission of a crime; or

(c) A good faith effort by the person to apprehend a person suspected of engaging in a crime;

(13) "Homicide scene cleanup expenses," the cost of cleaning the scene of a homicide, if the scene is a residence or an automobile, including removing, or attempting to remove, from the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing of the crime scene. Compensation may be paid for services provided by persons who are not members of the immediate family of the victim, including the victim's spouse, parents, siblings and children, or persons who were not living with the victim at the time of the crime;

(14) "Personal property losses," the replacement value of property, including clothing and bedding, used for evidentiary purposes;

(15) "Security devices," the cost to repair or install locks, door eyeholes, security lights, or other similar security and safety measures necessary to ensure the safety of the victim.

Source: SL 1991, ch 201, § 1; SL 1993, ch 183, § 2; SL 1994, ch 180, § 1; SL 1997, ch 144, § 1; SL 1997, ch 145, § 1; SL 2001, ch 122, §§ 1, 2; SL 2018, ch 145, § 1; SL 2020, ch 89, § 6.
S.D. Codified Laws § 23A-43-23 — SD Code / Title 23A / Chapter 43 / Section 23A-43-23
(Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion
Status: in_force

When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the clerk of the court of the county as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors at their last known addresses.

Source: SL 1978, ch 178, § 524.
S.D. Codified Laws § 23-5-12 — SD Code / Title 23 / Chapter 5 / Section 23-5-12
Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability
Status: in_force

Any person may examine criminal history information filed with the attorney general that refers to that person. The person requesting such information shall supply the attorney general with a written request together with fingerprint identification. The person may also authorize the attorney general to release his criminal history information to other individuals or organizations. The attorney general may require the person to sign a waiver releasing the state, its employees or agents from any liability before releasing criminal history information.

Source: SL 1986, ch 189, § 3.
S.D. Codified Laws § 23-5-4 — SD Code / Title 23 / Chapter 5 / Section 23-5-4
Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor
Status: in_force

The sheriffs, chiefs of police, marshals of the municipalities, and any other law enforcement officers and peace officers of the state, immediately upon the arrest of any person for a felony or misdemeanor, exclusive of those exceptions set forth in § 23-5-1 , shall take such person's fingerprints according to the fingerprint system of identification established by the Division of Criminal Investigation, on forms furnished by the division and shall forward the fingerprints together with other descriptions as may be required with a history of the offense alleged to have been committed, to the division for classification and filing. However, in the case of a Class 2 misdemeanor, exclusive of those exceptions set forth in § 23-5-1 , if the arresting officer reasonably believes that the person arrested does not present a danger to self or others and will appear in response to a summons, the arresting officer may, without complying with the provisions of this section, release the person arrested with a summons to appear; and the person arrested shall present himself or herself to the law enforcement agency issuing the summons for fingerprinting prior to the initial court appearance. Any person who fails to appear for fingerprinting in compliance with this section shall be proceeded against by warrant. A copy of the fingerprints of the person arrested, shall be transmitted forthwith by the arresting officer to the Federal Bureau of Investigation in Washington, D.C.

Any officer required by this section to take and report fingerprint records, who fails to take and report the records required by this section, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, §§ 55.1607, 55.9906; SL 1966, ch 161, § 6; SL 1979, ch 150, § 28; SL 1992, ch 60, § 2; SL 1995, ch 128.
S.D. Codified Laws § 23A-20-24 — SD Code / Title 23A / Chapter 20 / Section 23A-20-24
Alternative methods of exercising peremptory challenges
Status: in_force

If prospective jurors are called for examination pursuant to § 23A-20-3 , the manner of exercising a peremptory challenge shall be as found in § 23A-20-25 . If prospective jurors are called for examination pursuant to § 23A-20-4 the manner of exercising a peremptory challenge shall be as found in § 23A-20-26 .

Source: SL 1978, ch 178, § 255.
S.D. Codified Laws § 23A-10-6 — SD Code / Title 23A / Chapter 10 / Section 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial
Status: in_force

If, during the trial of a criminal case, where the plea of "not guilty and not guilty by reason of insanity" has not been made, a court deems that a substantial suggestion of a defendant's sanity was raised as a defense, the defendant shall be deemed to have consented to a mistrial. Former jeopardy may not attach on a subsequent trial of the same case. In those circumstances, a second trial shall be had as soon as is practical and without regard for regular terms of court and the court shall, in advance of the second trial, require the defendant to submit himself for examination as prescribed by § 23A-10-4 .

Source: SL 1953, ch 201, § 3; SDC Supp 1960, § 34.20A03; SDCL, § 23-37-4; SL 1978, ch 178, § 128; SL 1983, ch 174, § 12.
S.D. Codified Laws § 23A-24-5 — SD Code / Title 23A / Chapter 24 / Section 23A-24-5
Admonition to jurors on each adjournment of court
Status: in_force

Jurors shall, at each adjournment of court, whether permitted to separate or kept in charge of officers, be admonished by the court as follows: You are reminded that you are not to discuss any aspect of this case among yourselves or with anyone else and that you should not form or express any opinion on the case until it is given to you for decision.

Source: Supreme Court Rule 403, 1939; SDC 1939 & Supp 1960, § 34.3649; SDCL § 23-43-45; SL 1978, ch 178, § 305; SL 2007, ch 149, § 1.
S.D. Codified Laws § 23A-6-3 — SD Code / Title 23A / Chapter 6 / Section 23A-6-3
Preliminary hearing required for filing felony information--Exceptions
Status: in_force

An information may be filed without a preliminary hearing against a fugitive from justice. No other information may be filed against any person for any felony until that person has had a preliminary hearing, unless that person waived his or her right to a preliminary hearing. All informations shall be filed with the court having jurisdiction of the offense by the prosecuting attorney prior to arraignment.

Source: SDC 1939 & Supp 1960, § 34.1503; SDCL §§ 23-20-2, 23-20-3; SL 1978, ch 178, § 63; SL 2014, ch 114, § 1.
S.D. Codified Laws § 23A-3-15 — SD Code / Title 23A / Chapter 3 / Section 23A-3-15
Citation of provisions on interstate pursuit
Status: in_force

Sections 23A-3-10 to 23A-3-14 , inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit.

Source: SL 1978, ch 178, § 29.
S.D. Codified Laws § 23A-2-3 — SD Code / Title 23A / Chapter 2 / Section 23A-2-3
(Rule 4(b)) Evidence furnishing probable cause for warrant or summons
Status: in_force

The finding of probable cause for the issuance of a summons or warrant of arrest may be based upon hearsay evidence in whole or in part. The committing magistrate may require nonhearsay evidence to be submitted prior to the issuance of a summons or warrant of arrest.

Source: SL 1978, ch 178, § 5.
S.D. Codified Laws § 23-24A-25 — SD Code / Title 23 / Chapter 24A / Section 23-24A-25
Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered
Status: in_force

From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this section shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

Source: SL 1972, ch 150, § 22.
S.D. Codified Laws § 23-7-55 — SD Code / Title 23 / Chapter 7 / Section 23-7-55
Duration of enhanced permit to carry concealed pistol--Identification required
Status: in_force

An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried with a government issued form of identification that includes a picture of the permit holder.

Source: SL 2015, ch 137, § 3.
S.D. Codified Laws § 23A-27A-39 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-39
Interment of body unless claimed by relative
Status: in_force

After the postmortem examination and any autopsy, the body of the defendant, unless claimed by some relative, shall be interred in a cemetery within the county where the state correctional facility is situated.

Source: SL 1939, ch 135, § 13; SL 1939, ch 136; SDC Supp 1960, § 34.37A13; SDCL § 23-49-27; SL 1979, ch 160, § 41; SL 2007, ch 152, § 3; SL 2008, ch 117, § 37; SL 2023, ch 82, § 46.
S.D. Codified Laws § 23A-8-10 — SD Code / Title 23A / Chapter 8 / Section 23A-8-10
(Rule 12(g)) Record of hearing on motions
Status: in_force

A verbatim record shall be made of all proceedings at the hearing, including any findings of fact and conclusions of law which are made orally.

Source: SL 1978, ch 178, § 115.
S.D. Codified Laws § 23A-48-14 — SD Code / Title 23A / Chapter 48 / Section 23A-48-14
Sentencing court authority to respond to violation or modify conditions
Status: in_force

Nothing in §§ 23A-48-4 to 23A-48-14 , inclusive, shall be construed to limit the sentencing court's ability to respond to a probation violation or modify the terms and conditions of probation.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 11), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-36-8 — SD Code / Title 23A / Chapter 36 / Section 23A-36-8
Expert testimony not required in obscenity hearing--Evidence of community standards
Status: in_force

In the prosecution for a violation of the provisions of this chapter, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution. Any evidence which tends to establish contemporary community standards of appeal to prurient interest or of customary limits of candor in the description or representation of nudity, sex, or excretion, or which bears upon the question of serious literary, artistic, political, or scientific value shall be admissible when offered by either the prosecution or the defense.

Source: SL 1974, ch 165, § 5; SDCL Supp, § 22-24-49; SL 1978, ch 178, § 459.
S.D. Codified Laws § 23A-20-13.1 — SD Code / Title 23A / Chapter 20 / Section 23A-20-13.1
Challenges for cause in criminal cases
Status: in_force

Challenges for cause may be taken on any of the following grounds:

(1) The prospective juror does not meet one of the qualifications required by § 16-13-10 or is disqualified under that section.

(2) The prospective juror is related by consanguinity or affinity within the sixth degree, as defined by § 23A-20-30 to the defendant, alleged victim or complainant.

(3) The prospective juror is a member of the family of the defendant, alleged victim or complainant or one of the attorneys in the case.

(4) The prospective juror has a relationship of guardian and ward, master and servant, employer and employee, landlord and tenant, or principal and agent with an attorney or the defendant, alleged victim or complainant in the case.

(5) The prospective juror is a partner or associate in business with an attorney or the defendant, alleged victim or complainant in the case.

(6) The prospective juror is a surety on a bond or an obligation with an attorney or the defendant, alleged victim or complainant in the case.

(7) The prospective juror, presently, has a relationship of attorney and client with one of the attorneys in the case or has had such a relationship within one year previously.

(8) The prospective juror is an officer, agent, or employee of a corporation, between which corporation and an attorney in the case, the relationship of attorney and client exists.

(9) The prospective juror is the spouse of an attorney in the case.

(10) The prospective juror is the spouse of any other prospective juror who would be subject to a challenge for cause under this section.

(11) The prospective juror has knowledge of some or all of the material facts of the case and has an unqualified opinion or belief as to the merits of the case.

(12) The prospective juror has a state of mind evincing enmity against, or bias to or against an attorney, the defendant, the prosecution, the alleged victim or complainant in the case.

(13) Within two years prior to being summoned, the prospective juror served as a juror in the county during a prior term of jury service pursuant to § 16-13-22 .

(14) The prospective juror is a defendant in a criminal prosecution pending in the county.

(15) The prospective juror is a party adverse to the defendant in a civil action, or has complained against or been accused by the defendant in a criminal action.

(16) The prospective juror served on a grand jury that found the indictment, or on a coroner's jury that inquired into the death of a person whose death is the subject of the prosecution.

(17) The prospective juror served on a jury trial that tried another person for the offense charged in the indictment or information.

(18) The prospective juror was a member of a jury formerly sworn to try the indictment, information, or complaint, and whose verdict was set aside or which was discharged without a verdict.

(19) The prospective juror served as a juror in a civil action brought against the defendant for the act charged as an offense.

(20) If a talesman, the prospective juror applied directly or indirectly to a sheriff, deputy sheriff, or coroner of the county to be summoned for jury duty.

(21) A challenge for actual bias showing the existence of a state of mind on the part of a prospective juror, in reference to the case or to the defendant, the prosecution, alleged victim, or complainant that satisfies the court, in the exercise of sound discretion, that the juror cannot try the issue impartially, without prejudice to the substantial rights of the party challenging.

Source: SL 1999, ch 287; SL 2002, ch 251, § 4.
S.D. Codified Laws § 23A-35B-5 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-5
Confidentiality--Test results unavailable to establish guilt or innocence
Status: in_force

All persons involved in carrying out the provisions of this chapter shall act in a manner that will protect the confidentiality of the victim, the source individual, and the defendant or juvenile, including sealing relevant court records. The results of the test for infection by blood-borne pathogens may not be used to establish a defendant's guilt or innocence of the charge and may not be used to determine a juvenile's status as a delinquent child.

Source: SL 1991, ch 203, § 4; SL 1993, ch 184, § 5; SL 2010, ch 132, § 3.
S.D. Codified Laws § 23-7-54 — SD Code / Title 23 / Chapter 7 / Section 23-7-54
Temporary enhanced permit to carry concealed pistol--Requirements--Records
Status: in_force

The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-53 . Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-53 , the sheriff shall file the application with the secretary of state pursuant to § 23-7-8 .

If the applicant submits an application pursuant to § 23-7-53 , meets the requirements of § 23-7-7.1 , is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county where the applicant submitted the application shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is enhanced.

Source: SL 2015, ch 137, § 2; SL 2016, ch 132, § 3, eff. Jan. 1, 2017.
S.D. Codified Laws § 23-5B-3 — SD Code / Title 23 / Chapter 5B / Section 23-5B-3
Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney
Status: in_force

The court may not appoint counsel for an indigent petitioner under this chapter. However, the court may refer requests for DNA testing to the Innocence Project in South Dakota or such volunteer attorney as the State Bar of South Dakota may designate.

Source: SL 2009, ch 120, § 3.
S.D. Codified Laws § 23-3-73 — SD Code / Title 23 / Chapter 3 / Section 23-3-73
Referral to Government Operations and Audit Committee, secretary of state, or Judicial Qualifications Commission
Status: in_force

If an investigation authorized under § 23-3-72 does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation may determine that no further action is required, or refer the matter to:

(1) The Government Operations and Audit Committee for review of a matter involving a legislator or legislative employee;

(2) The secretary of state for a matter involving a candidate for the Legislature or statewide office who shall resolve the matter in a reasonable time; or

(3) The Judicial Qualifications Commission for a matter involving a judicial officer.

A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any fact on which the affiant relied and identify any source of factual information.

Source: SL 2017, ch 73, § 4.
S.D. Codified Laws § 23A-5-16 — SD Code / Title 23A / Chapter 5 / Section 23A-5-16
(Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments
Status: in_force

Disclosure of matters occurring before a grand jury, other than its deliberations and the vote of any juror, may be made to prosecuting attorneys for use in the performance of their duties. Otherwise a juror, attorney, witness, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only if directed by the court preliminary to, or in connection with, a judicial proceeding or if permitted by the court at the request of a defendant upon a showing that grounds may exist for a motion to dismiss an indictment because of matters occurring before a grand jury. A grand juror cannot be questioned for anything that the grand juror may say or any vote that the grand juror may give in the grand jury proceedings relative to a matter legally pending before it, except for perjury of which the grand juror may have been guilty in making an accusation or giving testimony to his or her fellow jurors. No obligation of secrecy may be imposed upon any person except in accordance with this section. A court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail. In that event the clerk shall seal the indictment, and no person may disclose the finding of the indictment unless necessary for the issuance and execution of a warrant or summons.

Source: SDC 1939 & Supp 1960, §§ 34.1226, 34.1227; SDCL, §§ 23-30-13, 23-30-14, 23-30-16; SL 1972, ch 147, § 2; SL 1978, ch 178, § 54; SL 2005, ch 126, § 1.
S.D. Codified Laws § 23-1A-23 — SD Code / Title 23 / Chapter 1A / Section 23-1A-23
Judgment proceeds deposited in county treasuries
Status: in_force

All moneys received as payment for petty offense judgments shall be deposited in the treasury of the county where the offense occurred.

Source: SL 1977, ch 193, § 22.
S.D. Codified Laws § 23-24-33 — SD Code / Title 23 / Chapter 24 / Section 23-24-33
Immunity from civil process
Status: in_force

A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.

Source: SDC 1939, § 34.1724; SL 1953, ch 200, § 24; SDC Supp 1960, § 34.1723.
S.D. Codified Laws § 23A-24-7 — SD Code / Title 23A / Chapter 24 / Section 23A-24-7
Removal of victim and parent or guardian from courtroom
Status: in_force

The victim of a crime and his parent or guardian may not be excluded from a courtroom due to a request which is made pursuant to § 19-19-615 . However, a judge may remove a victim and his parent or guardian from a trial or hearing or any portion of the trial or hearing for the same causes and in the same manner as the rules of court or law provide for the exclusion or removal of the defendant.

Source: SL 1986, ch 193, § 3.
S.D. Codified Laws § 23A-13-14 — SD Code / Title 23A / Chapter 13 / Section 23A-13-14
(Rule 16(b)(2)) Defense work product protected from discovery
Status: in_force

Except as to scientific or medical reports, § 23A-13-12 or 23A-13-13 does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by prosecution or defense witnesses, or by prospective prosecution or defense witnesses, to the defendant, his agents or attorneys.

Source: SL 1978, ch 178, § 153.
S.D. Codified Laws § 23A-46-13 — SD Code / Title 23A / Chapter 46 / Section 23A-46-13
Hospitalized person against whom charges dismissed--Notice of risk--Civil proceedings
Status: in_force

If the administrator of the facility in which a person is hospitalized pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive, 23A-26-12 to 23A-26-12.6 , inclusive, or 23A-27-42 to 23A-27-46 , inclusive, certifies that the person, against whom all charges have been dismissed for reasons not related to the mental condition of the person, is presently suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another, the administrator shall refer the matter to the prosecuting attorney for proceedings for civil commitment.

Source: SL 1985, ch 192, § 29.
S.D. Codified Laws § 23-3-40 — SD Code / Title 23 / Chapter 3 / Section 23-3-40
Reimbursement of expenses of officers in training
Status: in_force

The commission is authorized to reimburse each political subdivision a percentage of the salary and of the living and traveling expenses incurred by the officers in attendance at approved training programs, providing that such political subdivisions or state agencies do in fact adhere to the selection and training standards established by the commission, and providing funds for this purpose are available.

Source: SL 1970, ch 145, § 6 (b).
S.D. Codified Laws § 23A-27A-34.1 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-34.1
Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers
Status: in_force

The secretary of corrections or a designee of the secretary shall arrange for the attendance of a person trained to examine the defendant and pronounce death and for the attendance of such correctional facility staff, Department of Corrections staff, and law enforcement officers as deemed necessary to perform the execution and maintain security.

Source: SL 2008, ch 117, § 29; SL 2023, ch 82, § 44.
S.D. Codified Laws § 23-7-8.8 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.8
Law enforcement officer not restricted in performance of official duty under specified circumstances
Status: in_force

The provisions of §§ 23-7-8.6 to 23-7-8.9 , inclusive, do not restrict any law enforcement officer in the performance of any official duty if the law enforcement officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.

Source: SL 2005, ch 124, § 4.
S.D. Codified Laws § 23-5A-5 — SD Code / Title 23 / Chapter 5A / Section 23-5A-5
Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample
Status: in_force

Any person who is convicted or adjudicated delinquent for a qualifying offense on or after July 1, 2003, shall provide a DNA sample as follows:

(1) Any person who is sentenced or receives a delinquency disposition to a period of incarceration shall provide a DNA sample upon intake to a prison, jail, juvenile detention facility, mental health facility, or any other detention facility or institution. If the person is already confined at the time of sentencing or adjudication, the person shall provide a DNA sample immediately after the sentencing or adjudication;

(2) Any person who is convicted or adjudicated delinquent for a qualifying offense shall provide a DNA sample as a condition for any sentence or adjudication which disposition will not involve a period of incarceration. The agency supervising the person shall determine the time for collection of the DNA sample; and

(3) Under no circumstances may any person who is convicted or adjudicated delinquent for a qualifying offense be released in any manner after such disposition unless and until that person has provided a DNA sample.

Source: SL 2003, ch 133, § 5.
S.D. Codified Laws § 23A-22-9 — SD Code / Title 23A / Chapter 22 / Section 23A-22-9
(Rule 26.1) Notice of issue concerning law of foreign country--Sources considered--Determination as question of law
Status: in_force

A party who intends to raise an issue concerning the law of a foreign country shall give reasonable written notice. A court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under rules of evidence. The court's determination shall be treated as a ruling on a question of law.

Source: SL 1978, ch 178, § 293.
S.D. Codified Laws § 23A-27-25.2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.2
Costs and restitution designated as punishment
Status: in_force

In any case in which they are imposed, costs and restitution are a portion of the punishment.

Source: SL 1989, ch 211, § 5.
S.D. Codified Laws § 23A-26-12.2 — SD Code / Title 23A / Chapter 26 / Section 23A-26-12.2
Hearing
Status: in_force

A hearing shall be conducted pursuant to the provisions of § 23A-46-3 , and shall take place not later than forty days following the special verdict.

Source: SL 1985, ch 192, § 14.
S.D. Codified Laws § 23A-45-8 — SD Code / Title 23A / Chapter 45 / Section 23A-45-8
Conflicts between title and other portions of code
Status: in_force

Whenever any provision of the code is inconsistent or in conflict with this title or any part of it, the other statutory provision shall be reconciled and harmonized with this title as much as possible, and if such provision cannot be so harmonized and reconciled, then this title shall apply.

Source: SL 1978, ch 178, § 541.
S.D. Codified Laws § 23A-28-3 — SD Code / Title 23A / Chapter 28 / Section 23A-28-3
Plan of restitution--Present inability to make restitution--No pecuniary damages suffered--Hearing--Condition of parole
Status: in_force

If the sentencing court orders the defendant to the county jail, suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of restitution, including the name and address of each victim, a specific amount of restitution to each victim, and a schedule of restitution payments. If the defendant is presently unable to make any restitution, but there is a reasonable possibility that the defendant may be able to do so at some time during the defendant's probation period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that no person suffered pecuniary damages as a result of the defendant's criminal activities, the defendant shall so state. If the defendant contests the amount of restitution recommended by the court services officer, the defendant is entitled to a hearing at which the court shall determine the amount. If the sentencing court orders the defendant to a state correctional facility and does not suspend the sentence, the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court - ordered restitution while the defendant is in the state correctional facility and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court.

Source: SL 1978, ch 177, § 2; SDCL Supp, §§ 23-48A-2, 23-48A-3; SL 1978, ch 178, § 356; SL 1985, ch 192, § 5; SL 1986, ch 196, § 1; SL 1987, ch 179, § 1; SL 1997, ch 143, § 2; SL 1999, ch 124, § 1; SL 2023, ch 82, § 47.
S.D. Codified Laws § 23A-43-3.2 — SD Code / Title 23A / Chapter 43 / Section 23A-43-3.2
Rules regarding noncompliance with mental health treatment
Status: in_force

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding the definition of noncompliance in § 23A-43-3.1 and how noncompliance may be reported to the court.

Source: SL 2017, ch 109, § 11.
S.D. Codified Laws § 23A-26-9 — SD Code / Title 23A / Chapter 26 / Section 23A-26-9
Appearance of defendant--When required for verdict
Status: in_force

If an indictment or information is for a felony, the defendant must, before the verdict is received, appear in person. If it is for a misdemeanor, the verdict may, in the discretion of the court, be rendered in his absence. In any case, if a defendant flees the jurisdiction of a court, the verdict may be returned in his absence.

Source: SDC 1939 & Supp 1960, § 34.3660; SDCL, § 23-45-7; SL 1978, ch 178, § 320.
S.D. Codified Laws § 23A-33-3 — SD Code / Title 23A / Chapter 33 / Section 23A-33-3
Stay of further proceedings on appeal from order before judgment
Status: in_force

An appeal from an order made before final judgment shall stay further proceedings only by order of the trial court or by order of the Supreme Court. A trial court, however, shall have no power to stay further proceedings on an appeal provided for by § 23A-32-5 or 23A-32-12 .

Source: SDC 1939 & Supp 1960, § 34.4106; SDCL, § 23-51-12; SL 1978, ch 178, § 408.
S.D. Codified Laws § 23A-37-3 — SD Code / Title 23A / Chapter 37 / Section 23A-37-3
Transfer to another court of property required as evidence
Status: in_force

Where seized property is no longer required as evidence the court may transfer such property to the jurisdiction of any other court, including courts of another state or federal courts, where it is shown to the satisfaction of the court that such property is required as evidence in any prosecution in such other court.

Source: SL 1978, ch 178, § 464.
S.D. Codified Laws § 23-24A-22 — SD Code / Title 23 / Chapter 24A / Section 23-24A-22
Dismissal of accusation on failure to accept custody or try case--Detainer void
Status: in_force

If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in § 23-24A-3 or 23-24A-14 , the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

Source: SL 1972, ch 150, § 17.
S.D. Codified Laws § 23-6-1 — SD Code / Title 23 / Chapter 6 / Section 23-6-1
Bureau of Criminal Statistics--Establishment in Office of Attorney General
Status: in_force

There is hereby established, in the Office of the Attorney General a Bureau of Criminal Statistics, hereinafter called the bureau.

Source: SL 1939, ch 138, § 1; SDC Supp 1960, § 55.15A01.
S.D. Codified Laws § 23-24-14 — SD Code / Title 23 / Chapter 24 / Section 23-24-14
Taking prisoner from another state to demanding state through this state--Confinement in jail
Status: in_force

The officer or agent of a demanding state to whom a prisoner may have been delivered following the extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or first or second class municipality through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided, however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.

Source: SL 1953, ch 200, § 12; SDC Supp 1960, § 34.1711; SL 1992, ch 60, § 2.
S.D. Codified Laws § 23A-16-3 — SD Code / Title 23A / Chapter 16 / Section 23A-16-3
(Rule 18) Right to speedy trial by impartial jury--Venue in county where offense committed
Status: in_force

The accused has the right to a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed.

Source: SDC 1939 & Supp 1960, § 34.2905 (5); SDCL, § 23-2-11; SL 1978, ch 178, § 205.
S.D. Codified Laws § 23A-50-7 — SD Code / Title 23A / Chapter 50 / Section 23A-50-7
Establishment of mental health response team processes
Status: in_force

The mental health response team may establish a process for identifying eligible persons through assessment; a documented process for referral to treatment; a team approach to the development and modification of individualized treatment plans and ongoing coordination to ensure plan effectiveness; a process for information sharing among the team members; and planning and coordination, including referrals for nonmental health services and resources.

Source: SL 2017, ch 109, § 22.
S.D. Codified Laws § 23-6-16 — SD Code / Title 23 / Chapter 6 / Section 23-6-16
Officials dealing with persons charged with crime--Reports required by director--Misdemeanor
Status: in_force

It shall be the duty of the clerk of every court, of the chief or head of every police department, or other police agency, of every sheriff and constable, of every prosecuting attorney, of every probation or parole officer, and of the head of every department or institution, state, county, or local, which deals with criminals, or persons charged with crime, and it shall be the duty of every other official who, by reason of his office, is qualified to furnish information and reports, to prepare and send in writing to the director quarterly, semiannually, or annually, as the director may designate all reports and information requested by the director, to enable him to perform the duties provided in this chapter; but nothing herein shall preclude the gathering, by any public official, of information in addition to that required by the director. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 138, §§ 5, 15; SDC Supp 1960, §§ 55.15A05, 55.9933; SDCL, § 23-6-18 ; SL 1978, ch 169, § 2.
S.D. Codified Laws § 23A-20-23 — SD Code / Title 23A / Chapter 20 / Section 23A-20-23
Time of motion for additional challenges
Status: in_force

A motion made pursuant to § 23A-20-21 or 23A-20-22 must be made at least one week in advance of the first scheduled trial date or within such other time as may be provided by the rules of the circuit court.

Source: SL 1978, ch 178, § 254.
S.D. Codified Laws § 23A-21-4 — SD Code / Title 23A / Chapter 21 / Section 23A-21-4
(Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial
Status: in_force

If by reason of absence, death, sickness, or other disability a judge before whom a defendant has been tried is unable to perform the duties to be performed by a court after a verdict or finding of guilt, any other judge assigned by the Chief Justice of the Supreme Court of South Dakota to the court may perform those duties. If the other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.

Source: SL 1978, ch 178, § 275.
S.D. Codified Laws § 23A-6-14 — SD Code / Title 23A / Chapter 6 / Section 23A-6-14
(Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect
Status: in_force

No indictment or information is insufficient, nor can the trial, judgment, or other proceeding thereon be affected, by reason of a defect or imperfection in its form, which does not prejudice the substantial rights of the defendant.

Source: SDC 1939 & Supp 1960, § 34.3002; SDCL, § 23-32-20; SL 1978, ch 178, § 73.
S.D. Codified Laws § 23A-5-5 — SD Code / Title 23A / Chapter 5 / Section 23A-5-5
(Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified
Status: in_force

A motion to dismiss an indictment may be based on objections to the array or on the lack of legal qualifications of an individual juror, if not previously determined upon challenge. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to § 23A-5-6 that five or more jurors, after deducting from the affirmative votes the number not legally qualified, concurred in finding the indictment.

Source: SL 1978, ch 178, § 47.
S.D. Codified Laws § 23-24A-26 — SD Code / Title 23 / Chapter 24A / Section 23-24A-26
Dismissal of accusation not tried before return to imprisonment
Status: in_force

If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to § 23-24A-27 , such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

Source: SL 1972, ch 150, § 14.
S.D. Codified Laws § 23A-50-11 — SD Code / Title 23A / Chapter 50 / Section 23A-50-11
List of services available through community mental health system
Status: in_force

The Department of Social Services shall annually compile a list of services available through the community mental health system and eligibility criteria for each service to distribute to judges, court services officers, and jails. The department shall coordinate with the Unified Judicial System and sheriffs to disseminate this information.

Source: SL 2017, ch 109, § 31.
S.D. Codified Laws § 23A-49-19 — SD Code / Title 23A / Chapter 49 / Section 23A-49-19
Trial--Disposition of property by court
Status: in_force

If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to § 15-6-38(b). At the trial, the state shall establish probable cause for instituting the forfeiture action following which any owner, party in interest, or claimant who has filed a verified answer has the burden of proving that the property seized is not subject to forfeiture under this chapter. If the court or a jury finds that the property is not subject to forfeiture under this chapter, the court shall order the property released to the owner, party in interest, or claimant according to the person's right, title, or interest. The court shall order the property forfeited if the court or a jury determines that the property was subject to forfeiture.

Source: SL 2016, ch 138, § 19.
S.D. Codified Laws § 23A-35B-6 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-6
Testing or counseling for officer upon possible exchange of bodily fluids with suspect
Status: in_force

Any law enforcement officer who has reason to believe that in a crime of violence case, an assault, a violation of chapter 32-23 or a case of resisting arrest, or in an equivalent juvenile delinquency adjudication, there may have been an exchange of blood or other bodily fluids from the defendant or the juvenile to the officer, the officer may request that the Department of Health provide counseling, testing for infection by blood - borne pathogens, and referral for appropriate health care and support services to the officer through its public health services. Such referral does not include any requirement that the Department of Health bear any responsibility for provision of such health care or support services to the officer.

Source: SL 1992, ch 172, § 2; SL 1993, ch 184, § 6.
S.D. Codified Laws § 23A-41-1 — SD Code / Title 23A / Chapter 41 / Section 23A-41-1
(Rule 45(a)) Days included and excluded in computing time--Adjustment for weekends and holidays
Status: in_force

In computing any period of time, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When a period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this section, a "legal holiday" is any day designated as a holiday in § 1-5-1 .

Source: SL 1978, ch 178, § 495; SL 2010, ch 253 (Supreme Court Rule 09-09), eff. Sept. 24, 2009.
S.D. Codified Laws § 23-5-13 — SD Code / Title 23 / Chapter 5 / Section 23-5-13
Costs of providing information--Special revenue fund
Status: in_force

Any costs collected pursuant to § 1-11-13 for providing information requested under § 23-5-12 shall be deposited in a special revenue fund for reimbursement to the Office of the Attorney General for the costs of administering the procedure authorized in § 23-5-12 .

Source: SL 1986, ch 189, § 4.
S.D. Codified Laws § 23-24-18 — SD Code / Title 23 / Chapter 24 / Section 23-24-18
Bail pending proceedings--Conditions of bond
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state.

Source: SDC 1939, § 34.1715; SL 1953, ch 200, § 16.
S.D. Codified Laws § 23A-16-5 — SD Code / Title 23A / Chapter 16 / Section 23A-16-5
Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit judge orders in chambers
Status: in_force

All actions, special proceedings, motions, and applications of a criminal nature, arising under the laws of this state of which a circuit court has jurisdiction may be heard and determined at any place in the judicial circuit in which is situated the county where the same is brought or pending; but issues of fact in any criminal action must be tried in the county in which the same is brought or to which the place of trial is changed by order of court. Neither this section nor § 23A-45-11 shall prevent the judge of any circuit court from making an order in chambers at any place within the state in any criminal matter properly before him.

Source: SL 1887, ch 81, § 1; CL 1887, § 4828; RCCivP 1903, § 33; RC 1919, § 4654; SDC 1939 & Supp 1960, § 34.0401; SDCL, §§ 23-9-2, 23-9-3; SL 1978, ch 178, § 207.
S.D. Codified Laws § 23A-14-6 — SD Code / Title 23A / Chapter 14 / Section 23A-14-6
(Rule 17(d)) Service of subpoena--Tender of fees and mileage
Status: in_force

A subpoena may be served by a sheriff, by his deputy, or by any other person who is not a party and who is not less than eighteen years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one day's attendance and the mileage allowed by law. Fees and mileage need not be tendered to a witness upon service of a subpoena issued on behalf of the state, on behalf of a person residing within the county in which the action is pending, or on behalf of a defendant who has received court appointed counsel pursuant to chapter 23A-40 .

Source: SDC 1939 & Supp 1960, § 34.2403; SDCL, §§ 23-40-7, 23-40-8; SL 1978, ch 178, § 181.
S.D. Codified Laws § 23A-14-7 — SD Code / Title 23A / Chapter 14 / Section 23A-14-7
(Rule 17(e)(1)) Place of service of subpoena
Status: in_force

A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state.

Source: SL 1978, ch 178, § 182.
S.D. Codified Laws § 23-3-10 — SD Code / Title 23 / Chapter 3 / Section 23-3-10
Police powers of division personnel
Status: in_force

The assistants appointed by the attorney general shall have, in any part of the state, the same powers with respect to the enforcement of law as sheriffs, constables, police, and peace officers and may execute any warrant of arrest issued by any magistrate or court of competent jurisdiction within the state. It shall be the duty of said assistants of the attorney general to act in all parts of the state in the detection, apprehension, arrest, and prosecution of anyone violating any of the criminal laws of the state when so directed by the attorney general, except as provided by § 23-3-11 .

Source: SDC 1939, § 55.1602.
S.D. Codified Laws § 23A-28C-6 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-6
Notice to be provided by Department of Corrections or state's attorney
Status: in_force

Notice as required in § 23A-28C-5 shall be provided directly to the victim by the Department of Corrections through the SAVIN system if the defendant is incarcerated in an institution under the control of the Department of Corrections. If the defendant is incarcerated in an institution under the control of the Department of Social Services, or in any jail or in other facility due to the commission of a crime, notice as required in § 23A-28C-5 shall be provided to the victim by the state's attorney in the county where the person was convicted of that crime.

Source: SL 1999, ch 126, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011; SL 2017, ch 107, § 3.
S.D. Codified Laws § 23A-26-4 — SD Code / Title 23A / Chapter 26 / Section 23A-26-4
Form of general verdict on not guilty plea
Status: in_force

A general verdict on a plea of not guilty is either "guilty" or "not guilty" which imports a conviction or acquittal of the offense charged.

Source: Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, § 34.3662; SDCL, § 23-45-10; SL 1978, ch 178, § 322.
S.D. Codified Laws § 23A-27A-36 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-36
Other persons not permitted to attend
Status: in_force

The warden may not permit any person to be present at the execution other than those designated in §§ 23A-27A-32 , 23A-27A-34 , 23A-27A-34.1 , and 23A-27A-34.2 and may not permit the presence of any person under the age of eighteen years.

Source: SL 1939, ch 135, § 13; SL 1939, ch 136; SDC Supp 1960, § 34.37A13; SDCL § 23-49-24; SL 1979, ch 160, § 38; SL 2008, ch 117, § 31.
S.D. Codified Laws § 23A-5-8 — SD Code / Title 23A / Chapter 5 / Section 23A-5-8
Charge to grand jury by court--Commencement of inquiries
Status: in_force

After the grand jury is impaneled and sworn, it must be charged by the court. In doing so, the court shall give the members such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. The grand jury must then retire to a private room and inquire into the offenses cognizable by it.

Source: SDC 1939 & Supp 1960, § 34.1212; SDCL, § 23-29-12; SL 1978, ch 178, § 50.
S.D. Codified Laws § 23-5A-17 — SD Code / Title 23 / Chapter 5A / Section 23-5A-17
Permissible uses of DNA analyses
Status: in_force

The analyses to be performed on each DNA sample collected pursuant to this chapter shall be used only for law enforcement identification purposes, to assist in the recovery or identification of human remains or missing persons, or subject to the conditions of subdivision 23-5A-25(4). Analyses of DNA samples obtained pursuant to this chapter are not authorized for identification of any medical or genetic disorder.

Source: SL 2003, ch 133, § 17; SL 2010, ch 124, § 1.
S.D. Codified Laws § 23A-2-6 — SD Code / Title 23A / Chapter 2 / Section 23A-2-6
(Rule 4(c)(2)) Contents and signature of summons
Status: in_force

A summons shall be in the same form as a warrant of arrest except that it shall summon the defendant to appear before a committing magistrate at a stated time and place. In addition, a summons shall state that if the defendant does not appear, a warrant will be issued for his arrest. A summons must be signed by a committing magistrate.

Source: SL 1978, ch 178, § 8.
S.D. Codified Laws § 23A-16-17 — SD Code / Title 23A / Chapter 16 / Section 23A-16-17
County seat municipality which lies in more than one county
Status: in_force

A county seat municipality which lies in more than one county is considered to be a district under the provisions of S.D. Const., Art. VI, § 7.

Source: SL 1984, ch 51.
S.D. Codified Laws § 23-5A-18 — SD Code / Title 23 / Chapter 5A / Section 23-5A-18
Uses of DNA samples remaining after analyses
Status: in_force

All or part of the remainder of the DNA sample stored in the State DNA Databank may be used only for forensic validation studies and forensic protocol development purposes and to create a statistical database provided that no personally identifying information is included or for retesting to validate or update the original analysis or for quality control purposes.

Source: SL 2003, ch 133, § 18.
S.D. Codified Laws § 23A-14A-10 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-10
Citation
Status: in_force

Sections 23A-14A-1 to 23A-14A-10 , inclusive, may be cited as the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.

Source: SL 2002, ch 119, § 10.
S.D. Codified Laws § 23-1A-2.1 — SD Code / Title 23 / Chapter 1A / Section 23-1A-2.1
Ticket form for juvenile cited violations
Status: in_force

The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to be used for juvenile cited violations.

Source: SL 2015, ch 152, § 41, eff. Jan. 1, 2016.
S.D. Codified Laws § 23A-28-1 — SD Code / Title 23A / Chapter 28 / Section 23A-28-1
Policy of state--Enforcement of order
Status: in_force

It is the policy of this state that restitution shall be made by each violator of the criminal laws to the victims of the violator's criminal activities to the extent that the violator is reasonably able to do so. An order of restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.

Source: SL 1978, ch 178, § 355; SL 1985, ch 192, § 50; SL 1997, ch 143, § 1.
S.D. Codified Laws § 23A-30-1 — SD Code / Title 23A / Chapter 30 / Section 23A-30-1
(Rule 34) Grounds for arrest of judgment--Time for motion
Status: in_force

A court shall arrest judgment if an indictment or information does not charge an offense or if the court does not have jurisdiction of the offense charged. Any party may move to arrest judgment, but such motion must be made within ten days after the verdict or finding of guilty or after a plea of guilty or nolo contendere, or within such further time as the court may fix during the ten - day period.

Source: Supreme Court Rule 409, 1939; SDC 1939 & Supp 1960, § 34.3677; SDCL, § 23-47-1; SL 1978, ch 178, § 381.
S.D. Codified Laws § 23A-27-21 — SD Code / Title 23A / Chapter 27 / Section 23A-27-21
Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions
Status: in_force

A court services officer may arrest and take into custody a person on probation or suspended sentence without a warrant if that court services officer has probable cause to believe that:

(1) The person has violated the terms and conditions of suspension or probation;

(2) The person has failed to comply with the court services officer's documented directives;

(3) The purpose or objects of suspension or probation are not being served; or

(4) The arrest or taking into custody appears necessary in order to prevent escape or enforce discipline.

Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1957, ch 36, § 1; SL 1964, ch 33, § 6; SDCL, § 23-57-12 ; SL 1977, ch 198, § 12; SL 1978, ch 178, § 351; SL 1982, ch 28, § 20; SL 2005, ch 128, § 1.
S.D. Codified Laws § 23A-27-17 — SD Code / Title 23A / Chapter 27 / Section 23A-27-17
Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction
Status: in_force

Upon the discharge and dismissal of a person pursuant to § 23A-27-14 , a court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the person's arrest, indictment or information, trial, finding of guilt, and dismissal and discharge. The effect of such order is to restore such person, in the contemplation of the law, to the status he occupied before his arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of his failure to recite or acknowledge such arrest, indictment or information, or trial in response to any inquiry made of him for any purpose.

Source: SL 1975, ch 257, § 2; SDCL Supp, § 23-57-4.1; SL 1976, ch 158, § 43-4 ; SL 1978, ch 178, § 346.
S.D. Codified Laws § 23A-5-19 — SD Code / Title 23A / Chapter 5 / Section 23A-5-19
Report filed when indictment not issued
Status: in_force

The grand jury, with the permission of the prosecuting attorney, may file a report as to any case in which an investigation has taken place and an indictment has not been issued. The court may excise any portion of the report that is filed in the interests of justice.

Source: SL 1978, ch 178, § 60A.
S.D. Codified Laws § 23A-35B-3.1 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-3.1
Victim request for HIV test of defendant or juvenile--Hearing--Order--Time for testing
Status: in_force

A victim, or a victim or witness assistant, may request in writing to the state's attorney that a defendant or juvenile against whom an information, indictment, or petition is presented for a crime in which, by force or threat of force, the defendant or juvenile compelled the victim to engage in sexual activity be tested for HIV by the Department of Health, and that a search warrant be obtained for the purpose of taking a blood sample from the defendant or juvenile to test for HIV. A request under this section shall state that the victim believes there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim, and shall state the factual basis for believing the exchange occurred.

Upon motion, a court of competent jurisdiction shall hold a hearing at which both the victim and defendant or juvenile may be present. If the court finds probable cause that the defendant or juvenile committed the offense and that there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim, the court shall order a search warrant for the purpose of taking a blood sample from the defendant or juvenile to test for HIV in accordance with § 23A-35B-4 . A blood sample shall be taken within forty-eight hours of the date of the request under this section or, if later, the date on which the information, indictment, or petition was:

(1) Presented or filed, and the defendant or juvenile was taken into custody; or

(2) Served on the defendant or juvenile.

The court shall include in the order a requirement for any follow-up test for HIV that is medically appropriate based on the results of the initial test. Payment for any test for HIV under this section shall be in accordance with § 23A-35B-4 . The victim, the victim or witness assistant, and the defendant shall be notified in accordance with § 23A-35B-4 of the results of any test for HIV under this section.

Source: SL 2019, ch 117, § 1.
S.D. Codified Laws § 23A-27-28 — SD Code / Title 23A / Chapter 27 / Section 23A-27-28
Entry and docketing of judgment for costs against defendant
Status: in_force

The clerk of courts shall enter judgment for the amount of costs taxed by the court and docket the same as a part of the judgment and such entry and docketing shall be of the same force and effect as if done by the court.

Source: SDC 1939, § 34.3709 as added by SL 1943, ch 129; SDCL, § 23-48-33; SL 1978, ch 178, § 370.
S.D. Codified Laws § 23-1A-21 — SD Code / Title 23 / Chapter 1A / Section 23-1A-21
Effect of judgment same as for other civil judgments--Execution, levy, and liens
Status: in_force

A judgment in a petty offense case has the same effect as any other civil judgment and may be executed, levied on, and become a lien on the property of a defendant accordingly.

Source: SL 1977, ch 193, § 24.
S.D. Codified Laws § 23-7-58 — SD Code / Title 23 / Chapter 7 / Section 23-7-58
Qualifying handgun course
Status: in_force

A qualifying handgun course is any handgun course that is taught by a National Rifle Association certified instructor who also holds a current certificate of completion from the South Dakota Division of Criminal Investigation on the use of force. The qualifying handgun course must include instruction in each of the following:

(1) South Dakota law relating to firearms and the use of force;

(2) The basic concepts of the safe and responsible use of handguns;

(3) Self-defense principles; and

(4) Live fire training including the firing of at least ninety-eight rounds of ammunition by the student.

Source: SL 2015, ch 137, § 6.
S.D. Codified Laws § 23A-43-18 — SD Code / Title 23A / Chapter 43 / Section 23A-43-18
Conditions of release imposed on material witness--Release after deposition taken
Status: in_force

If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and if it is shown that it may become impracticable to secure his presence by subpoena, a committing magistrate or court shall impose conditions of release upon him pursuant to §§ 23A-43-2 and 23A-43-3 . No material witness shall be detained because of his inability to comply with any condition of release if his testimony can adequately be secured by deposition, and further detention is not necessary to prevent a failure of justice, but his release may be delayed for a reasonable period of time until his deposition can be taken pursuant to chapter 23A-12 .

Source: SDC 1939 & Supp 1960, § 34.1410; SDCL, §§ 23-27-22, 23-27-23; SL 1978, ch 178, § 519.
S.D. Codified Laws § 23A-27-38 — SD Code / Title 23A / Chapter 27 / Section 23A-27-38
Guilty but mentally ill finding or plea--Sentence--Treatment
Status: in_force

If a defendant is found "guilty but mentally ill" or enters that plea and the plea is accepted by the court, the court shall impose any sentence which could be imposed upon a defendant pleading or found guilty of the same charge. If the defendant is sentenced to a state correctional facility, he shall undergo further examination and may be given the treatment that is psychiatrically indicated for his mental illness. If treatment is available, it may be provided through facilities under the jurisdiction of the Department of Social Services. The secretary of corrections may transfer the defendant from the state correctional facility to other facilities under the jurisdiction of the Department of Social Services, with the consent of the secretary of social services, and return the defendant to the state correctional facility after completion of treatment for the balance of the defendant's sentence.

Source: SL 1983, ch 174, § 18; SL 1989, ch 21, § 47; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011; SL 2023, ch 82, § 34.
S.D. Codified Laws § 23A-49-16 — SD Code / Title 23A / Chapter 49 / Section 23A-49-16
Service of process by mail where person released on bail
Status: in_force

If a person as described in §§ 23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43 , a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to the address left by the person upon release from confinement.

Source: SL 2016, ch 138, § 16.
S.D. Codified Laws § 23A-10A-4 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-4
Commitment--Finding required--Duration
Status: in_force

If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or developmental disability, or other conditions set forth in § 23A-10A-1 , rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceedings against the defendant or to assist properly in the defense, the court shall order the defendant to be placed in a restoration to competency program under the direction of an approved facility, commit the defendant to the custody of an approved facility having residential capability, or order the defendant to be placed on outpatient status for restoration to competency if the court makes a written finding that the defendant is not considered to be a danger to the health and safety of others and is otherwise eligible for bond. A defendant placed on outpatient status is subject to the provisions of chapter 23A-43 . The defendant shall be treated for a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future the defendant will attain the capacity to permit the trial to proceed. No commitment may be made to an approved facility that is not owned by the state without first obtaining the consent of the administrator of the privately owned facility.

Source: SDC 1939 & Supp 1960, § 34.2002; SDCL, § 23-38-2; SL 1978, ch 175, § 3; SL 1985, ch 192, § 39; SL 1991, ch 199, § 5; SL 2020, ch 97, § 1.
S.D. Codified Laws § 23A-35-4 — SD Code / Title 23A / Chapter 35 / Section 23A-35-4
(Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant
Status: in_force

A warrant shall be issued only on evidence set forth in an affidavit or affidavits presented to a committing magistrate, which establishes the grounds for issuing the warrant. If the committing magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property to be seized and naming or describing the person or place to be searched. The finding of probable cause may be based upon hearsay evidence in whole or in part. Before ruling on a request for a warrant the committing magistrate may require the affiant to appear personally and may examine under oath the affiant and any witnesses he may produce. Such proceeding shall be taken down by a court reporter, stenographer, or recording equipment and made part of the affidavit. The warrant shall be directed to a law enforcement officer. It shall command the officer to search, within a specified period of time not to exceed ten days, the person or place named for the property specified. The warrant shall be served in the daytime, unless the committing magistrate, by appropriate provision in the warrant, and for reasonable cause shown, authorizes its execution at night. It shall designate a committing magistrate to whom it shall be returned.

Source: SDC 1939 & Supp 1960, §§ 34.1102, 34.1105, 34.1106, 34.1108; SDCL, §§ 23-15-2, 23-15-9, 23-15-12, 23-15-16; SL 1970, ch 229, § 11 (c) (1); SDCL Supp, § 39-17-124; SL 1972, ch 146, § 1; SDCL, § 34-20B-65 ; SL 1978, ch 178, § 441.
S.D. Codified Laws § 23A-49-21 — SD Code / Title 23A / Chapter 49 / Section 23A-49-21
Seized property--Written report--Contents
Status: in_force

For any property seized or forfeited under this chapter, a law enforcement agency shall issue a report to the attorney general within a time specified and in a form prescribed by the attorney general, containing information about the property seized or forfeited as listed in § 23A-49-22 and in rule promulgated by the attorney general.

Source: SL 2022, ch 76, § 1.
S.D. Codified Laws § 23A-22-17 — SD Code / Title 23A / Chapter 22 / Section 23A-22-17
View of place of offense by jury--Protection of jury from unlawful communication
Status: in_force

When, in the opinion of a court, it is proper that a jury should view the place where an offense is alleged to have been committed, or where any other material fact occurred, it may order the jury to be conducted in a body, in the custody of proper officers, to the place, which must be shown to them by a person appointed by the court for that purpose. The officers must be sworn to prevent any person from speaking to or communicating with the jury, and not to do so themselves, on any subject connected with the trial, and to return them into court without unnecessary delay or at a specified time.

Source: SDC 1939 & Supp 1960, § 34.3648; SDCL, § 23-44-18; SL 1978, ch 178, § 292.
S.D. Codified Laws § 23A-20-28.1 — SD Code / Title 23A / Chapter 20 / Section 23A-20-28.1
Additional methods of choosing alternate jurors
Status: in_force

In addition to the method of choosing or seating an alternate juror provided by §§ 23A-20-27 and 23A-20-28 , the judge may choose the alternate jurors by lot, or by such other means as the parties agree on the record.

Source: Supreme Court Rule 1997-38.
S.D. Codified Laws § 23A-27-13.3 — SD Code / Title 23A / Chapter 27 / Section 23A-27-13.3
Suspended imposition of felony sentence--No eligibility for certain rape offenses--Exclusion
Status: in_force

No person who has been convicted of, or pled guilty or nolo contendere to, rape under subdivision 22-22-1 (2) or (3) may be granted a suspended imposition of sentence under § 23A-27-13 . This section does not apply to a person adjudicated as a juvenile or a juvenile tried as an adult for a crime under subdivisions 22-22-1 (2) or (3).

Source: SL 2025, ch 102, § 2.
S.D. Codified Laws § 23A-45-15 — SD Code / Title 23A / Chapter 45 / Section 23A-45-15
(Rule 60) Citation of title--Citation of Rules of Criminal Procedure
Status: in_force

This title may be known and cited as the South Dakota Code of Criminal Procedure. Sections of this title preceded by a rule number may be known and cited as the South Dakota Rules of Criminal Procedure.

Source: SL 1978, ch 178, § 564.
S.D. Codified Laws § 23A-45-9 — SD Code / Title 23A / Chapter 45 / Section 23A-45-9
Definition of terms
Status: in_force

Terms used in this title mean:

(1) "Class 1 misdemeanor," the same as the term is defined in § 22-6-2 ;

(2) "Class 2 misdemeanor," the same as the term is defined in § 22-6-2 ;

(3) "Committing magistrate," any of the following:

(a) A justice of the Supreme Court;

(b) A judge of the circuit court;

(c) A magistrate judge;

(d) A nonlaw-trained magistrate when acting within the authority conferred under chapter 16-12C ;

(4) "Defendant," the party prosecuted in a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. A person becomes a defendant when he is arrested or summoned pursuant to § 23A-2-9 , 23A-2-11 , or 23A-3-1 ;

(5) "Former acquittal," a plea to prevent a criminal action stating that the defendant has been charged and tried for the same alleged offense and has been acquitted. If a defendant was formerly acquitted on the ground of variance between an indictment or information and the proof, or if an indictment or information was dismissed upon an objection to its form or substance without a judgment of acquittal, it is not an acquittal of the same offense;

(6) "Held to answer," the time at which an indictment or information is filed against a person;

(7) "In camera," the judge viewing material with neither party present;

(8) "In chambers," the judge and the parties determining a matter in the private office of the judge;

(9) "Law enforcement officer," an officer or employee of the state or any of its units of local government, or of the United States, or an employee of a railroad or express company while on duty, who is responsible for the prevention or detection of criminal activity or for the enforcement of the criminal or highway traffic laws of the state. Nothing in this subdivision may be interpreted to extend the territorial jurisdiction, statutory jurisdiction, or statutory authority of any officer or employee included in this definition;

(10) "Night," the period from 8:00 p.m. to 8:00 a.m., local time;

(11) "Oath," an oath or an affirmation;

(12) "Ordinance, bylaw, or police regulation," any rule of conduct promulgated by a unit of local government that may be punished by imprisonment or a fine, or both, for a violation. For purposes of this subdivision, the term, fine, does not include deposits for services rendered, licensing fees, or fees imposed for late payments for services rendered;

(13) "Peace officer," a law enforcement officer;

(14) "Prosecuting attorney," the attorney general, an assistant attorney general, a special assistant attorney general, a state's attorney or an assistant state's attorney, a special prosecutor appointed by a court, a city attorney or any deputy of the city attorney, or any attorney engaged by the state or a unit of local government to prosecute a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government;

(15) "State," the State of South Dakota and any of its units of local government;

(16) "Subpoena," the process by which the attendance of a witness is required before a court, magistrate, or grand jury, or for the purpose of being deposed;

(17) "Unit of local government," a chartered governmental unit, county, township, municipality, or any other subdivision of the state that may enforce its ordinances, bylaws, or regulations by bringing a court action that may result in a fine or imprisonment being imposed on the defendant.

Source: SDC 1939 & Supp 1960, §§ 34.1302, 34.1618, 34.2401, 34.2904; SDCL §§ 23-2-6, 23-21-4, 23-21-7, 23-40-1; SL 1978, ch 178, § 557; SL 1980, ch 173, § 5; SL 2018, ch 147, § 1.
S.D. Codified Laws § 23A-39-2 — SD Code / Title 23A / Chapter 39 / Section 23A-39-2
(Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion
Status: in_force

The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:

(1) In noncapital cases, voluntarily absents himself after the trial has commenced; or

(2) Engages in conduct which justifies his being excluded from the courtroom.

Source: SL 1978, ch 178, § 486.
S.D. Codified Laws § 23A-10-3 — SD Code / Title 23A / Chapter 10 / Section 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed
Status: in_force

If a defendant intends to introduce expert testimony relating to mental illness or insanity relevant to the issue of whether he had the mental state required for the offense charged, he shall, not less than thirty days prior to the date set for trial or at any later time as the court may direct, notify the prosecuting attorney in writing of his intention and file a copy of the notice with the clerk of the court. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make any other order as is appropriate.

Source: SL 1978, ch 178, § 125; SL 1983, ch 174, § 9.
S.D. Codified Laws § 23A-19-11 — SD Code / Title 23A / Chapter 19 / Section 23A-19-11
Drawing of names of jurors
Status: in_force

At the opening of court the clerk shall randomly draw the names of the persons summoned as jurors by an electronic process or prepare separate ballots, containing the names of the persons summoned as jurors and deposit the ballots in a suitable container.

If an electronic process is not used, the clerk shall, under the direction of the court, publicly draw out of the container the appropriate number of ballots to form the jury. Before the name of any juror is drawn, the container shall be closed and the contents shall be intermingled. The clerk shall then, without looking at the ballots, draw them from the container.

Source: SDC 1939 & Supp 1960, §§ 34.3605, 34.3606; SDCL, §§ 23-43-5, 23-43-6; SL 1978, ch 178, § 272; SL 2003, ch 115, § 3.
S.D. Codified Laws § 23-5B-13 — SD Code / Title 23 / Chapter 5B / Section 23-5B-13
Effect of match between DNA sample and DNA evidence
Status: in_force

If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall:

(1) Deny the petitioner relief; and

(2) On motion of the state:

(a) Assess the petitioner the cost of any DNA testing carried out pursuant to this chapter; and

(b) Order that the finding be forwarded to the South Dakota Board of Pardons and Paroles so that the board may consider the finding in reviewing any subsequent parole application submitted by the petitioner.

Source: SL 2009, ch 120, § 13.
S.D. Codified Laws § 23-3-39.4 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.4
Domestic abuse training for law enforcement officers
Status: in_force

A law enforcement officer shall attend training on the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic abuse situations; availability of community resources; and protection of the victim. After initial training, an officer shall attend further training at least once every four years.

Source: SL 1994, ch 171, § 1.
S.D. Codified Laws § 23A-47-8 — SD Code / Title 23A / Chapter 47 / Section 23A-47-8
Report on administrative financial accountability system
Status: in_force

The Unified Judicial System shall semiannually report the implementation and outcomes of the administrative financial accountability system to the oversight council.

Source: SL 2013, ch 101, § 50, eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-7-8 — SD Code / Title 23A / Chapter 7 / Section 23A-7-8
(Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims
Status: in_force

A prosecuting attorney and an attorney for a defendant or a defendant when acting pro se may engage in discussions, with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the prosecuting attorney will do any one or more of the following:

(1) Move for dismissal of other charges or not file additional charges arising out of a different occurrence;

(2) Make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that such recommendation or request shall not be binding upon the court;

(3) Agree that a specific sentence is the appropriate disposition of the case; or

(4) Perform other specified acts to be made a part of the agreement.

A court shall not participate in such discussions. The prosecuting attorney shall make a reasonable effort to provide each victim of a crime of violence or an offense pursuant to chapter 22-22 , his designee, or closest next of kin if victim is deceased, of the defendant's crime with an opportunity to comment on the terms of the plea agreement to the prosecuting attorney. If the victim is a minor, the victim's parent or guardian may comment on the terms of the plea agreement to the prosecuting attorney.

Source: SL 1978, ch 178, § 98; SL 1983, ch 183, § 1; SL 1985, ch 194, § 1.
S.D. Codified Laws § 23A-49-10 — SD Code / Title 23A / Chapter 49 / Section 23A-49-10
Seized property subject only to order of court or official
Status: in_force

No property taken or detained pursuant to this chapter is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, subject only to the orders and decrees of the court or the official having jurisdiction over the property.

Source: SL 2016, ch 138, § 10.
S.D. Codified Laws § 23A-26-12.4 — SD Code / Title 23A / Chapter 26 / Section 23A-26-12.4
Commitment--Duration
Status: in_force

If, after the hearing, the court fails to find by the standard specified in § 23A-26-12.3 that the person's release would not create a substantial risk of bodily injury to another person or serious damage to property of another due to a present mental disease or defect, the court shall order that the defendant be committed to the human services center for treatment until the person's mental condition is such that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would not create a substantial risk of bodily injury to another person or serious damage to property of another.

Source: SL 1985, ch 192, § 16.
S.D. Codified Laws § 23-26A-5 — SD Code / Title 23 / Chapter 26A / Section 23-26A-5
Waiver of hearing by person arrested
Status: in_force

The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the committing magistrate shall issue an order pursuant to § 23-26A-7 .

Source: SL 1978, ch 174, § 5.
S.D. Codified Laws § 23-7-8.11 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.11
Renewal of regular permit to carry concealed pistol
Status: in_force

The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires. The holder must pass a background investigation, including a computer check of available online records and the National Instant Criminal Background Check, required under § 23-7-7 prior to the renewal of the permit.

Source: SL 2017, ch 102, § 1; SL 2018, ch 140, § 3; SL 2022, ch 70, § 2.
S.D. Codified Laws § 23A-27-40 — SD Code / Title 23A / Chapter 27 / Section 23A-27-40
Probation for defendant guilty but mentally ill--Treatment as condition
Status: in_force

If a defendant is found "guilty but mentally ill" and is placed on probation, the sentencing court, upon recommendation of a licensed psychiatrist or a licensed psychologist, shall make treatment a condition of probation. Any report required by the sentencing court shall be filed with the court service department and the sentencing court. The defendant's failure to continue treatment, except by agreement with the treating agency and the sentencing court, is basis for commencing a probation revocation hearing and grounds for probation revocation.

Source: SL 1983, ch 174, § 21; SL 2019, ch 115, § 1.
S.D. Codified Laws § 23A-10A-14 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding
Status: in_force

After four months of evaluation, pursuant to § 23A-10A-4 , if the facility has not certified that the defendant is competent to proceed, pursuant to § 23A-10A-4 .1, the director of the approved facility shall issue a report to the circuit court evaluating whether there is a substantial probability that the defendant will become competent to proceed and whether there is a substantial probability that it will occur within the next year. After receipt of that report by the circuit court, the court shall set a time for hearing to determine whether there is a substantial probability that the defendant will become competent to proceed and whether there is a substantial probability that it will occur within the next year.

If the court finds there is a substantial probability that the defendant will become competent to proceed within the next year, the court shall order the defendant to be placed in a restoration to competency program under the direction of an approved facility, committed to an approved facility, or placed on outpatient status for restoration to competency if the defendant is not considered to be a danger to the health and safety of others for an additional specified period of time, not to exceed one year, or until the director of the facility issues a certificate of recovery pursuant to § 23A-10A-4.1 .

If the court finds there is no substantial probability that the defendant will become competent to proceed within one year but there is a substantial probability that the defendant will become competent in the foreseeable future, the court shall review the defendant's condition to determine appropriate placement and order the defendant to be placed in a restoration to competency program under the direction of an approved facility, committed to an approved facility, or to be placed on outpatient status for restoration to competency if the defendant is not considered to be a danger to the health and safety of others for a term consistent with § 23A-10A-15 .

If the one year provided for in this section has run without a certificate of recovery being issued, the director of the approved facility shall notify the court that one year has expired since the order of detention, and the court shall order a hearing to review the defendant's condition to determine appropriate placement and order the defendant's placement in a restoration to competency program under the direction of an approved facility, commitment to an approved facility, or placement on outpatient status for restoration to competency if the defendant is not considered to be a danger to the health and safety of others for a term consistent with § 23A-10A-15 .

If the court finds that there is no substantial probability that the defendant will become competent to proceed in the foreseeable future, the court shall dismiss the criminal charges against the defendant. If the director of the facility determines there is probable cause to believe that the defendant is a danger to self or others if the defendant is released, the director shall include the basis for that determination in the report and may recommend that the prosecutor file a petition for civil commitment proceedings.

Source: SL 1991, ch 199, § 7; SL 2020, ch 97, § 4; SL 2021, ch 107, § 1.
S.D. Codified Laws § 23A-13-15 — SD Code / Title 23A / Chapter 13 / Section 23A-13-15
(Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery
Status: in_force

If, prior to or during trial, a party discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under §§ 23A-13-1 to 23A-13-14 , inclusive, he shall promptly notify the other party or his attorney or the court of the existence of the additional evidence or material.

Source: SL 1978, ch 178, § 162.
S.D. Codified Laws § 23-7-61 — SD Code / Title 23 / Chapter 7 / Section 23-7-61
Temporary gold card permit to carry concealed pistol--Requirements--Records
Status: in_force

The sheriff shall retain the application and other documents until the sheriff receives the results of the background checks required pursuant to § 23-7-60 . Within seven days following receipt of a confirmation that the applicant passed each criminal background check required pursuant to this section and § 23-7-60 , the sheriff shall file the application with the secretary of state pursuant to § 23-7-8 .

If the applicant submits an application pursuant to § 23-7-8 , meets the requirements of § 23-7-7.1 , is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a firearm, passes the required fingerprint background check, and passes a National Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The temporary permit must clearly designate that the permit is a gold card permit.

Source: SL 2016, ch 132, § 8, eff. Jan. 1, 2017.
S.D. Codified Laws § 23A-43-4 — SD Code / Title 23A / Chapter 43 / Section 23A-43-4
Factors considered in determining conditions of release to be imposed
Status: in_force

In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, the defendant's family ties, employment, financial resources, character and mental condition, the results of any mental health assessment, the length of the defendant's residence in the community, the defendant's record of convictions, the defendant's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings, and the risk that the defendant will flee or pose a danger to any person or to the community.

Source: SL 1978, ch 178, § 509; SL 1980, ch 179, § 3; SL 2017, ch 109, § 12.
S.D. Codified Laws § 23A-13-11 — SD Code / Title 23A / Chapter 13 / Section 23A-13-11
(Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions
Status: in_force

Except as provided in chapter 23A-5 , § 23A-13-1 , and subdivision 23A-13-10(3), this title does not relate to discovery or inspection of the recorded proceedings of a grand jury.

Source: SL 1978, ch 178, § 149.
S.D. Codified Laws § 23A-22-2 — SD Code / Title 23A / Chapter 22 / Section 23A-22-2
Civil rules applicable except as provided
Status: in_force

The rules of evidence in civil cases are applicable also to criminal cases, except as otherwise provided in this title.

Source: Supreme Court Rule 399, 1939; SDC 1939 & Supp 1960, § 34.3631; SDCL, § 23-44-9; SL 1978, ch 178, § 279.
S.D. Codified Laws § 23A-32-18 — SD Code / Title 23A / Chapter 32 / Section 23A-32-18
Remand to trial court for new trial motion
Status: in_force

The Supreme Court, after an appeal has been perfected, may, under the conditions specified and in the same manner as provided by § 15-30-1 , remand the record to the trial court for the purpose of entertaining a motion for new trial.

Source: SDC 1939 & Supp 1960, § 34.4112; SDCL, § 23-51-15; SL 1978, ch 178, § 396.
S.D. Codified Laws § 23A-27A-16 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-16
Delivery of defendant with warrant to state correctional facility
Status: in_force

Within ten days after the issuing of a warrant of death sentence and execution under § 23A-27A-15 , the sheriff shall deliver the defendant together with certified copies of the warrant of death sentence and execution and the judgment of conviction to the state correctional facility.

Source: SL 1939, ch 135, § 1; SDC Supp 1960, § 34.37A01; SDCL § 23-49-2; SL 1979, ch 160, § 18; SL 2008, ch 117, § 3; SL 2023, ch 82, § 36.
S.D. Codified Laws § 23A-27A-37.3 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-37.3
Autopsy
Status: in_force

Following the death of the defendant by execution, the body may be subject to an autopsy pursuant to § 24-1-27 and chapter 23-14 . Any final autopsy report shall be annexed to and filed with the certificate of execution mentioned in § 23A-27A-40.1 .

Source: SL 2008, ch 117, § 36.
S.D. Codified Laws § 23-5B-9 — SD Code / Title 23 / Chapter 5B / Section 23-5B-9
Submission of test results to State DNA Database
Status: in_force

The state shall submit any test results relating to the DNA of the petitioner to the State DNA Database.

Source: SL 2009, ch 120, § 9.
S.D. Codified Laws § 23A-14-29 — SD Code / Title 23A / Chapter 14 / Section 23A-14-29
Self-incriminating testimony required under promise of immunity--Restrictions on use of information
Status: in_force

No witness may be excused on the basis of his privilege against self - incrimination from testifying or providing other information in a proceeding before a court, grand jury, administrative agency, or legislative committee of this state for a civil, criminal, or administrative action whenever the prosecuting attorney or attorney general has granted the witness immunity pursuant to this section or whenever the magistrate or circuit court judge presiding over the proceeding has ordered such testimony. No testimony or other information compelled under an order or a grant of immunity, or any information directly or indirectly derived from such testimony, may be used against the witness in any criminal proceeding, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

Source: SDC 1939 & Supp 1960, § 34.2406; SDCL, § 23-40-12; SL 1978, ch 178, § 481; SL 1985, ch 196, § 1.
S.D. Codified Laws § 23A-22-16 — SD Code / Title 23A / Chapter 22 / Section 23A-22-16
Proof of marriages in bigamy prosecutions
Status: in_force

In prosecutions for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but they may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.

Source: Supreme Court Rule 400, 1939; SDC 1939 & Supp 1960, § 34.3640; SDCL, § 23-44-11; SL 1978, ch 178, § 288.
S.D. Codified Laws § 23A-11-1 — SD Code / Title 23A / Chapter 11 / Section 23A-11-1
(Rule 13) Joinder for trial of indictments, informations, or defendants
Status: in_force

A court may order two or more indictments or informations, or both, to be tried together if the offenses, and the defendants, if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were under a single indictment or information.

Source: Supreme Court Rule 395, 1939; SDC 1939 & Supp 1960, § 34.3625; SDCL, § 23-42-4; SL 1978, ch 178, § 129.
S.D. Codified Laws § 23A-28-4 — SD Code / Title 23A / Chapter 28 / Section 23A-28-4
Submission of restitution plan to court--Approval or modification
Status: in_force

The defendant's plan of restitution and the comments of defendant's court services officer shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it and providing for restitution payments to the extent that the defendant is or may become reasonably able to make restitution, taking into account the factors enumerated in § 23A-28-5 . The court thereafter may modify the plan at any time upon the defendant's request or upon the court's own motion.

Source: SL 1978, ch 177, § 5; SDCL Supp, § 23-48A-4; SL 1978, ch 178, § 357; SL 1982, ch 28, § 20.
S.D. Codified Laws § 23A-43-26 — SD Code / Title 23A / Chapter 43 / Section 23A-43-26
(Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating
Status: in_force

When the condition of a bond has been satisfied or the forfeiture of a bond has been set aside or remitted, a court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.

Source: SL 1978, ch 178, § 527.
S.D. Codified Laws § 23A-4-5 — SD Code / Title 23A / Chapter 4 / Section 23A-4-5
Transfer to magistrate judge or circuit court for preliminary hearing
Status: in_force

Either the defendant or the prosecuting attorney may, at any time prior to the commencement of a preliminary hearing before a lay magistrate, make a motion that the proceedings be transferred to a magistrate judge or to the circuit court. Upon such a motion the lay magistrate shall transmit a certified statement of all proceedings and papers connected with the action to the magistrate judge or the circuit court. Thereafter the action shall proceed as if it had been commenced therein before the magistrate judge or a circuit court judge. A preliminary hearing is commenced at the time the first witness is sworn.

Source: SL 1966, ch 118; SL 1976, ch 163, § 1; SDCL Supp, § 23-27-11; SL 1978, ch 178, § 40; SL 1989, ch 205.
S.D. Codified Laws § 23A-35A-4 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-4
Application to intercept communications--Form and contents
Status: in_force

The attorney general or state's attorney shall make an application pursuant to § 23A-35A-3 in writing and upon the oath or affirmation of the applicant. The application shall include:

(1) The name and title of the applicant;

(2) A full and complete statement of the facts and circumstances relied upon by the applicant, including the supporting oath or affirmation of the investigating officer of any police department of the state or any political subdivision thereof, or the investigating sheriff or deputy of any county, to justify the belief that an order should be issued, including:

(a) Details as to the particular crime that has been, is being, or is about to be committed;

(b) The identity of the person, if known, believed to be committing the offense and whose communications are to be intercepted;

(c) A particular description of the type of communications sought to be intercepted;

(d) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; and

(e) In the case of a telegraphic, electronic, or telephonic communication, identifying the particular telephone number or telegraph line involved;

(3) A full and complete statement as to if other investigative procedures have been tried and failed, why other investigative procedures reasonably appear to be unlikely to succeed if tried, or to be too dangerous;

(4) A statement of the period of time the interception is required to be maintained. If the nature of the investigation is such that authorization to intercept should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the first communication obtained;

(5) A full and complete statement of the facts concerning all previous applications known to the person authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, electronic, or oral communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each such application; and

(6) If the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

Source: SL 1980, ch 181, § 10; SL 2017, ch 108, § 4.
S.D. Codified Laws § 23A-6-8 — SD Code / Title 23A / Chapter 6 / Section 23A-6-8
Presumptions need not be stated--Judicial notice
Status: in_force

Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an indictment or information.

Source: SDC 1939 & Supp 1960, § 34.3004; SDCL, § 23-32-21; SL 1978, ch 178, § 72.
S.D. Codified Laws § 23A-15-2 — SD Code / Title 23A / Chapter 15 / Section 23A-15-2
Memorandum of matters agreed upon at conference
Status: in_force

At the conclusion of a conference the court shall prepare and file a memorandum of the matters agreed upon.

Source: SL 1978, ch 178, § 204.
S.D. Codified Laws § 23A-36-6 — SD Code / Title 23A / Chapter 36 / Section 23A-36-6
Notice alleging nonobscenity of material seized--Time of hearing
Status: in_force

In the event that a search warrant is issued and matter alleged to be obscene is seized, any person alleged to be in possession of the matter or claiming ownership of the matter at the time of its possession or seizure may file a notice in writing with the magistrate within ten days of the date of the seizure alleging that the matter is not obscene and the magistrate shall set a hearing within one day after request therefor, or at such time as the requesting party might agree.

Source: SL 1974, ch 165, § 13; SDCL Supp, § 22-24-46; SL 1978, ch 178, § 457.
S.D. Codified Laws § 23A-28B-19 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-19
Compensation for economic losses due to personal injury or death
Status: in_force

The department or commission, as applicable, may order payment of victims' compensation in accordance with the provisions of this chapter for reasonable economic losses incurred as a direct result of personal injury to or death of a victim, including any economic loss as defined in § 23A-28B-1 .

Source: SL 1991, ch 201, § 19.
S.D. Codified Laws § 23A-44-11 — SD Code / Title 23A / Chapter 44 / Section 23A-44-11
(Rule 50(a)) Placement on calendars--Preference to criminal proceedings
Status: in_force

Each court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable.

Source: SL 1978, ch 178, § 544.
S.D. Codified Laws § 23A-6-22.1 — SD Code / Title 23A / Chapter 6 / Section 23A-6-22.1
Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts
Status: in_force

Notwithstanding the provisions of § 23A-6-22 , upon the request of any minor victim or the minor victim's parent or guardian in a prosecution for rape, incest, or sexual contact, the court shall order that the name of the minor and the specific details of the alleged acts be suppressed if the trial court finds a compelling interest after consideration of the following factors: the minor victim's age, psychological maturity and understanding, the nature of the crime, the desires of the victim, and the interests of the parents and relatives.

Source: SL 1995, ch 131; SL 2011, ch 124, § 1.
S.D. Codified Laws § 23A-26-6 — SD Code / Title 23A / Chapter 26 / Section 23A-26-6
Direction to reconsider improper verdict
Status: in_force

If a jury renders a verdict which is not a general verdict in accordance with § 23A-26-4 or 23A-26-5 , a court may, with proper instructions as to the law, direct the jury to reconsider it.

Source: SDC 1939 & Supp 1960, § 34.3667; SDCL, § 23-45-18; SL 1978, ch 178, § 324.
S.D. Codified Laws § 23A-16-8 — SD Code / Title 23A / Chapter 16 / Section 23A-16-8
Venue of offense committed partly in one county and partly in another
Status: in_force

When a public offense is committed partly in one county and partly in another county, or the acts or effects thereof constituting or requisite to the offense occur in two or more counties, the venue is in either county.

Source: SDC 1939 & Supp 1960, § 34.0804; SDCL, § 23-9-17; SL 1978, ch 178, § 210.
S.D. Codified Laws § 23A-35-5 — SD Code / Title 23A / Chapter 35 / Section 23A-35-5
(Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court
Status: in_force

When circumstances make it reasonable to do so in the absence of a written affidavit, a search warrant may be issued upon sworn oral testimony of a person who is not in the physical presence of a committing magistrate if the committing magistrate is satisfied that probable cause exists for the issuance of the warrant. The sworn oral testimony may be communicated to the magistrate by telephone or other appropriate means and shall be recorded and transcribed. After transcription the statement must be certified by the magistrate and filed with the court. This statement shall be deemed to be an affidavit for purposes of § 23A-35-4 .

Source: SL 1978, ch 178, § 442.
S.D. Codified Laws § 23A-49-4 — SD Code / Title 23A / Chapter 49 / Section 23A-49-4
Conveyance not subject to forfeiture for acts or omissions of nonowner--Exception
Status: in_force

Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in the exercise of ordinary care should have known that the conveyance was being used or was intended for use to facilitate the commission of any crime in the chapters listed in § 23A-49-20 .

Source: SL 2016, ch 138, § 4.
S.D. Codified Laws § 23A-27A-4 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-4
Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea
Status: in_force

If, upon a trial by jury, a person is convicted of a Class A felony, a sentence of death shall not be imposed unless the jury verdict at the presentence hearing includes a finding of at least one aggravating circumstance and a recommendation that such sentence be imposed. If an aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. If a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment. The provisions of this section shall not affect a sentence when the case is tried without a jury or when a court accepts a plea of guilty.

Source: SL 1979, ch 160, § 4.
S.D. Codified Laws § 23-3-4 — SD Code / Title 23 / Chapter 3 / Section 23-3-4
Papers filed and appearances by attorney general
Status: in_force

The attorney general shall have authority to sign, file, and present any and all complaints, informations, presentments, indictments, subpoenas, affidavits, motions, process, and papers of any kind which the state's attorney might do in any criminal proceeding, and to appear before all magistrates, grand juries, courts, commissions, or tribunals in any criminal proceeding in the state, the same as the state's attorney might do, or in conjunction with said state's attorney.

Source: SDC 1939 & Supp 1960, § 34.0403.
S.D. Codified Laws § 23-7-7.1 — SD Code / Title 23 / Chapter 7 / Section 23-7-7.1
Requirements for issuance of temporary permit--Time requirement--Appeal of denial
Status: in_force

A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application if the person:

(1) Is eighteen years of age or older;

(2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;

(3) Is not habitually in an intoxicated or drugged condition;

(4) Has no history of violence;

(5) Has not been found in the previous ten years to be a danger to others or a danger to self as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;

(6) Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;

(7) Has had no violation of chapter 23-7 , 22-14 , or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;

(8) Is a citizen or legal resident of the United States;

(9) Is not a fugitive from justice; and

(10) Is not otherwise prohibited by state law, 18 U.S.C. § 922(g) as amended to October 26, 2005, or 18 U.S.C. § 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.

A person denied a permit may appeal to the circuit court pursuant to chapter 1-26 .

Source: SL 1985, ch 190, § 9; SL 1986, ch 190; SL 1989, ch 210, § 1; SL 1993, ch 182, § 2; SL 1995, ch 127; SL 2002, ch 118, § 5; SL 2009, ch 121, § 2; SL 2011, ch 123, § 1; SL 2018, ch 140, § 2; SL 2019, ch 113, § 7.
S.D. Codified Laws § 23A-10-2 — SD Code / Title 23A / Chapter 10 / Section 23A-10-2
Form of plea raising defense
Status: in_force

A defendant in a criminal case raising the defense of insanity shall, at his arraignment, specially plead "not guilty and not guilty by reason of insanity."

Source: SL 1953, ch 201, § 1; SDC Supp 1960, § 34.20A01; SDCL, § 23-37-1 ; SL 1978, ch 178, § 124; SL 1983, ch 174, § 8.
S.D. Codified Laws § 23A-26-12.5 — SD Code / Title 23A / Chapter 26 / Section 23A-26-12.5
Release--Procedure--Compliance with prescribed regimen as condition
Status: in_force

When the administrator of the Human Services Center determines that the person has recovered from his mental disease or defect to such an extent that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order the discharge of the acquitted person, or, on the motion of the prosecuting attorney or on its own motion, shall hold a hearing, conducted pursuant to the provisions of § 23A-46-3 , to determine whether he should be released. If, after the hearing, the court finds by the standards specified in § 23A-26-12.3 that the person has recovered from his mental disease or defect to such an extent that:

(1) His release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately discharged; or

(2) His conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would not create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall:

(a) Order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the administrator of the Human Services Center and that has been found by the court to be appropriate; and

(b) Order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.

The court at any time may, after hearing, employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment.

Source: SL 1985, ch 192, § 17.
S.D. Codified Laws § 23A-38-5 — SD Code / Title 23A / Chapter 38 / Section 23A-38-5
Order holding grand jury witness in contempt
Status: in_force

After submission of an application pursuant to § 23A-38-3 , and a hearing, at which the witness is entitled to be represented by counsel, the court may, upon a finding that such refusal was without just cause, hold the witness in contempt as provided in § 23A-38-2 .

Source: SL 1978, ch 178, § 478.
S.D. Codified Laws § 23-5A-22 — SD Code / Title 23 / Chapter 5A / Section 23-5A-22
Confidentiality of records--Disclosure prohibited
Status: in_force

Any DNA record or DNA sample submitted to the South Dakota State Forensic Laboratory pursuant to this chapter is confidential and may not be disclosed to or shared with any person or agency unless disclosure is authorized by this chapter.

Source: SL 2003, ch 133, § 22.
S.D. Codified Laws § 23A-2-5 — SD Code / Title 23A / Chapter 2 / Section 23A-2-5
Copies of warrant sent to law enforcement officers
Status: in_force

A copy or an abstract of a warrant containing the information required by § 23A-2-4 may be sent by any means to one or more law enforcement officers. Such copy shall confer the same authority to any law enforcement officer within his jurisdiction as the original warrant.

Source: SDC 1939, § 34.1621 as added by SL 1966, ch 119; SDCL, § 23-22-31; SL 1978, ch 178, § 9.
S.D. Codified Laws § 23A-14-16 — SD Code / Title 23A / Chapter 14 / Section 23A-14-16
Summons to appear in another state issued after hearing--Protection accorded witness
Status: in_force

If a hearing is ordered pursuant to § 23A-14-15 and a judge determines that a witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where the grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

Source: SDC 1939 & Supp 1960, § 34.2502; SDCL, § 23-40-16; SL 1978, ch 178, § 188.
S.D. Codified Laws § 23A-1-2 — SD Code / Title 23A / Chapter 1 / Section 23A-1-2
(Rule 2) Purposes of title--Construction
Status: in_force

This title is intended to provide for the just determination of every criminal proceeding. It shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.

Source: SL 1978, ch 178, § 2.
S.D. Codified Laws § 23-1A-5 — SD Code / Title 23 / Chapter 1A / Section 23-1A-5
Signature under oath on complaint--Traffic ticket issued by law enforcement officer
Status: in_force

Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following statement printed or written on a complaint or summons for a petty offense on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

Source: SL 1977, ch 193, § 4; SL 2015, ch 134, § 1.
S.D. Codified Laws § 23A-35A-10 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-10
Duration of order--Extensions
Status: in_force

No order entered under this section may authorize the interception of any wire, electronic, or oral communication for any period longer than is necessary to achieve the objective of the authorization, in any event no longer than thirty days. Any extension of any order may be granted, but only upon application for an extension made in accordance with § 23A-35A-4 and the judge makes the required findings pursuant to § 23A-35A-6 . The period of extension may not be longer than the authorizing judge deems necessary to achieve the purposes for which the extension was granted and in no event for longer than thirty days.

Source: SL 1980, ch 181, § 13; SL 2017, ch 108, § 8.
S.D. Codified Laws § 23-24A-5 — SD Code / Title 23 / Chapter 24A / Section 23-24A-5
Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials
Status: in_force

The written notice and request for final disposition referred to in § 23-24A-3 shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

Source: SL 1972, ch 150, § 4.
S.D. Codified Laws § 23-3-19.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-19.1
State Forensic Laboratory created--Assignment to criminal investigation division--Employees
Status: in_force

There is created in the Office of the Attorney General a State Forensic Laboratory. The attorney general may assign the State Forensic Laboratory to the Division of Criminal Investigation. The employees of the laboratory serve at the will of the attorney general, except those employees who are agents of the Division of Criminal Investigation.

Source: SL 1979, ch 158, §§ 1, 2, 4; SL 1985, ch 188, § 1.
S.D. Codified Laws § 23A-8-4 — SD Code / Title 23A / Chapter 8 / Section 23A-8-4
(Rule 12(c)) Setting time for making and hearing motions
Status: in_force

A court may at the time of an arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing.

Source: SL 1978, ch 178, § 109.
S.D. Codified Laws § 23A-38-6 — SD Code / Title 23A / Chapter 38 / Section 23A-38-6
Counsel for indigent defendants in contempt cases
Status: in_force

In any proceeding conducted under § 23A-38-1 , 23A-38-2 , or 23A-38-5 , including all necessary appeals, counsel shall be appointed as provided in chapter 23A-40 .

Source: SL 1978, ch 178, § 480.
S.D. Codified Laws § 23-5A-5.1 — SD Code / Title 23 / Chapter 5A / Section 23-5A-5.1
Registered sex offenders required to provide DNA sample
Status: in_force

Any person who is required to register as a sex offender pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, shall provide a DNA sample as required in this chapter.

Source: SL 2006, ch 123, § 11.
S.D. Codified Laws § 23A-7-2 — SD Code / Title 23A / Chapter 7 / Section 23A-7-2
(Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere
Status: in_force

A defendant may plead:

(1) Not guilty;

(2) Not guilty and not guilty by reason of insanity;

(3) Guilty;

(4) Nolo contendere; or

(5) Guilty but mentally ill.

Except as otherwise specifically provided, a plea of guilty or nolo contendere can only be entered by a defendant himself in open court. If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or nolo contendere, the court shall enter a plea of not guilty. The court may not enter a judgment unless it is satisfied that there is a factual basis for any plea except a plea of nolo contendere.

Source: Supreme Court Rule 389, 1939; SDC 1939 & Supp 1960, § 34.3520; SDCL, § 23-35-16; SL 1978, ch 178, § 92; SL 1980, ch 179, § 1; SL 1983, ch 174, § 5.
S.D. Codified Laws § 23A-6-29.1 — SD Code / Title 23A / Chapter 6 / Section 23A-6-29.1
Powers granted magistrate judge
Status: in_force

If directed to do so by the presiding judge of the circuit, a magistrate judge may set bail and take not guilty pleas in felony cases.

Source: SL 1999, ch 121, § 1.
S.D. Codified Laws § 23A-39-3 — SD Code / Title 23A / Chapter 39 / Section 23A-39-3
(Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence
Status: in_force

A defendant need not be present in the following situations:

(1) A corporation may appear by counsel for all purposes;

(2) In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or

(3) The defendant's presence is not required at any hearing to reduce a sentence pursuant to § 23A-31-1 .

Source: SDC 1939 & Supp 1960, §§ 34.3501, 34.3602, 34.3701; SDCL, §§ 23-35-2, 23-42-2, 23-48-6; SL 1978, ch 178, § 487; SL 1979, ch 159, § 29.
S.D. Codified Laws § 23A-46-2 — SD Code / Title 23A / Chapter 46 / Section 23A-46-2
Report by examiner--Contents
Status: in_force

A psychiatric or psychological report ordered pursuant to this chapter, §§ 23A-10A-3 to 23A-10A-4.2 , inclusive; 23A-26-12 to 23A-26-12.6 , inclusive; or 23A-27-42 to 23A-27-46 , inclusive, shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the prosecuting attorney and shall include:

(1) The person's history, if applicable, and present symptoms;

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

(3) The examiner's findings; and

(4) The examiner's opinions as to diagnosis, prognosis and:

(a) If the examination is ordered under § 23A-10A-3 , whether the person is suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature and consequences of the proceedings against the person or to assist properly in the person's defense;

(b) If the examination is ordered under § 23A-10-4 , whether the person was insane at the time of the offense charged;

(c) If the examination is ordered under § 23A-46-9 , whether the person is suffering from a mental disease or defect as a result of which the person's release would create a substantial risk of bodily injury to another person or serious damage to property of another;

(d) If the examination is ordered under § 23A-26-12.1 or 23A-27-43 , whether the person is suffering from a mental disease or defect as a result of which the person is in need of custody for care or treatment in a suitable facility; and

(e) If the examination is ordered as a part of a presentence investigation, any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence.

Source: SL 1985, ch 192, § 31; SL 2017, ch 109, § 20.
S.D. Codified Laws § 23-13-4 — SD Code / Title 23 / Chapter 13 / Section 23-13-4
Enforcement of gambling laws--Duties of public officers
Status: in_force

It shall be the duty of all sheriffs, police officers, town marshals, constables, and other peace officers and the state's attorneys in each county and the deputies or assistants of any of them to cooperate in the enforcement of all the provisions of chapter 22-25 .

Source: SDC 1939, § 24.0101.
S.D. Codified Laws § 23-5-6 — SD Code / Title 23 / Chapter 5 / Section 23-5-6
Identification records made by wardens and superintendents of penal institutions
Status: in_force

The warden or superintendent of any penal or reformatory institution in this state, the attorney general or his authorized assistants or agents, the sheriff of any county in this state, or the chief of police of any municipality in the state is hereby authorized and empowered, when in his judgment such proceeding shall be necessary for the purpose of identifying any person accused or convicted of crime, or for the purpose of preventing the escape or of facilitating the recapture of any such person, to cause to be taken or made and preserved such photographs, impressions, measurements, descriptions, and records as may in the judgment of any of said officials be deemed necessary.

Source: SL 1921, ch 186, § 1; SDC 1939 & Supp 1960, § 34.1614.
S.D. Codified Laws § 23-24A-27 — SD Code / Title 23 / Chapter 24A / Section 23-24A-27
Return of prisoner to sending state
Status: in_force

At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

Source: SL 1972, ch 150, § 19.
S.D. Codified Laws § 23-5A-20 — SD Code / Title 23 / Chapter 5A / Section 23-5A-20
Revocation of license of public DNA laboratory
Status: in_force

The South Dakota State Forensic Laboratory may revoke the right of any public forensic DNA laboratory within the state to access and contribute DNA records to the State DNA Database if the required disclosure and quality assurance standards required by this chapter are not met.

Source: SL 2003, ch 133, § 20.
S.D. Codified Laws § 23A-35-1 — SD Code / Title 23A / Chapter 35 / Section 23A-35-1
Definition of search warrant
Status: in_force

A search warrant is a written order, issued in the name of the state, signed by a committing magistrate, directed to a law enforcement officer, commanding him to search for designated personal property and to bring it to the magistrate.

Source: SDC 1939 & Supp 1960, § 34.1101; SDCL, § 23-15-1; SL 1978, ch 178, § 438.
S.D. Codified Laws § 23A-8-11 — SD Code / Title 23A / Chapter 8 / Section 23A-8-11
(Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes
Status: in_force

If a court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. An order setting aside an indictment or information pursuant to this section is no bar to a further prosecution for the same offense. Nothing in this section shall be deemed to affect the provisions of any statute relating to periods of limitations.

Source: SDC 1939 & Supp 1960, §§ 34.3512, 34.3513; SDCL, §§ 23-36-6, 23-36-7; SL 1978, ch 178, § 116.
S.D. Codified Laws § 23A-49-18 — SD Code / Title 23A / Chapter 49 / Section 23A-49-18
Disposition of property by court where no appearance made
Status: in_force

If at the end of thirty days after the notice has been served there is no verified answer on file and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as requested in the complaint.

Source: SL 2016, ch 138, § 18.
S.D. Codified Laws § 23A-16-12 — SD Code / Title 23A / Chapter 16 / Section 23A-16-12
Venue when stolen property taken from one county to another
Status: in_force

When property taken in one county by burglary or theft is brought into another, the venue of the offense is in either of the counties where the prosecution is first commenced.

Source: SDC 1939 & Supp 1960, § 34.0806; SDCL, § 23-9-20; SL 1978, ch 178, § 212.
S.D. Codified Laws § 23-3-38 — SD Code / Title 23 / Chapter 3 / Section 23-3-38
Administration of grants--Efficiency in operation
Status: in_force

The commission, by rules and regulations, shall provide for the administration of the grant program authorized by § 23-3-37 . In promulgating such rules, the commission shall promote the most efficient and economical program for law enforcement training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication.

Source: SL 1970, ch 145, § 7 (c).
S.D. Codified Laws § 23A-32-9 — SD Code / Title 23A / Chapter 32 / Section 23A-32-9
Scope of review by Supreme Court
Status: in_force

On an appeal from a judgment the Supreme Court may review any order, ruling, or determination of the trial court, involving the merits and necessarily affecting the judgment and appearing upon the record including an order denying a new trial, and whether any such order, ruling, or determination is made before or after judgment. When the appeal is from an order subject to appeal, the Supreme Court may review all matters appearing on the record relevant to the question of whether the order appealed from is erroneous.

Source: SDC 1939 & Supp 1960, § 34.4109; SDCL, §§ 23-51-16, 23-51-19; SL 1978, ch 178, § 387.
S.D. Codified Laws § 23A-5-14 — SD Code / Title 23A / Chapter 5 / Section 23A-5-14
Removal and replacement of attorney for witness appearing before grand jury
Status: in_force

The court shall have the power to remove a witness' attorney and order the witness to obtain new counsel, when it finds that the attorney has violated § 23A-5-11 or that such removal and replacement is necessary to ensure that the activities of a grand jury are not unduly delayed or impeded. Nothing in this section shall affect the power of the court to punish for contempt or impose other appropriate sanctions.

Source: SL 1978, ch 178, § 59.
S.D. Codified Laws § 23A-28C-1.1 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-1.1
Notice defined
Status: in_force

For the purposes of this chapter, the term, notice, means either written notification or electronic notification.

Source: SL 2014, ch 116, § 1.
S.D. Codified Laws § 23A-35-4.3 — SD Code / Title 23A / Chapter 35 / Section 23A-35-4.3
Search warrant for installation, use, and maintenance of tracking device
Status: in_force

As used in this section, the term, tracking device, means an electronic or mechanical device that permits the tracking of the movement of a person or object, including GPS, cellular device, electronic video surveillance, or any other covert tracking or surveillance device.

A search warrant for a tracking device may be issued by any magistrate authorized in § 23A-35-2 , for the installation, use, and maintenance of a tracking device. There must be probable cause to search and seize property as set forth in this chapter and that such installation and use of this device will lead to the discovery of evidence under § 23A-35-3 . The tracking-device warrant must identify the person or property to be tracked, designate the magistrate to whom it must be returned, and specify a reasonable length of time that the device may be used. The time may not exceed sixty days from the date the warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed sixty days each. The warrant must command the officer to complete any installation authorized by the warrant within a specified time no longer than ten days.

Any tracking-device warrant issued under this section may authorize the use of the tracking device within the jurisdiction of the magistrate, and outside that jurisdiction, if the tracking device is installed within the magistrate's jurisdiction. The warrant may be executed in any part of the state where the person or object is found if, after the issuance of a warrant pursuant to this section, the person or object moves or is taken out of the jurisdiction of the magistrate issuing the warrant. The executing officer must perform any installation authorized by the warrant during the daytime, unless the magistrate, for good cause, expressly authorizes installation at another time.

The tracking-device warrant must command the executing officer to return the warrant to the magistrate designated in the warrant. The officer executing a tracking-device warrant must enter on the inventory the approximate time and date the device was installed and the period during which it was used.

Within ten days after the use of the tracking-device has ended, the officer executing a tracking-device warrant must serve a copy of the warrant on the person who was tracked or whose property was tracked. Service may be accomplished by delivering a copy to the person who, or whose property, was tracked; by leaving a copy at the person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location; or by mailing a copy to the person's last known address. Upon request of the state, the judge may delay notice to prevent the occurrences set forth in subdivisions (1) to (5), inclusive.

With respect to the issuance of any warrant under this section, a judge may, upon a showing of good cause, seal the contents of a warrant and supporting documents until the termination of an investigation, an indictment or information is filed, or as otherwise ordered by the court for purpose of preventing:

(1) Endangerment of life or physical safety of an individual;

(2) Flight from prosecution;

(3) Destruction of or tampering with evidence;

(4) Intimidation of a potential witness; or

(5) If failure to seal would otherwise seriously jeopardize an investigation or unduly delay a trial.

Source: SL 2013, ch 265 (Supreme Court Rule 13-04), eff. Feb. 14, 2013; SL 2018, ch 299 (Supreme Court Rule 18-08), eff. July 1, 2018; SL 2022, ch 75, § 1.
S.D. Codified Laws § 23-3-71 — SD Code / Title 23 / Chapter 3 / Section 23-3-71
County coroner training program
Status: in_force

The Law Enforcement Officers Standards Commission shall establish a training program for county coroners. The county coroner training shall include training programs concerning scene investigation and death registration. The commission shall establish and maintain a county coroner training program in consultation with the Department of Health and the county coroners and through such agencies and institutions as the commission may deem appropriate.

Source: SL 2010, ch 123, § 2.
S.D. Codified Laws § 23A-2-7 — SD Code / Title 23A / Chapter 2 / Section 23A-2-7
(Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer
Status: in_force

A warrant or summons shall be executed by any law enforcement officer who is authorized by law to execute the same. This section shall not be construed to extend the territorial jurisdiction of any law enforcement officer.

Source: SL 1978, ch 178, § 10.
S.D. Codified Laws § 23A-35A-19 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-19
Privileged communications
Status: in_force

No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter may lose its privileged character.

Source: SL 1969, ch 158, § 5 (4); SDCL Supp, § 23-13A-10; SL 1980, ch 181, § 8; SL 2017, ch 108, § 15.
S.D. Codified Laws § 23A-20-22 — SD Code / Title 23A / Chapter 20 / Section 23A-20-22
Challenges allowed when more than one defendant
Status: in_force

If there is more than one defendant a court may, upon good cause shown, allow the parties additional challenges and permit them to be exercised separately or jointly, as it, in its discretion, believes necessary and proper.

Source: SL 1978, ch 178, § 253.
S.D. Codified Laws § 23-5A-9 — SD Code / Title 23 / Chapter 5A / Section 23-5A-9
Agencies or institutions may contract with third parties to collect samples
Status: in_force

The agency or institution having custody or control or the agency providing supervision of persons convicted or adjudicated delinquent for qualifying offenses, as appropriate, may contract with third parties to provide for the collection of the DNA samples described in §§ 23-5A-5 , 23-5A-6 , and 23-5A-7 .

Source: SL 2003, ch 133, § 9.
S.D. Codified Laws § 23A-8-2 — SD Code / Title 23A / Chapter 8 / Section 23A-8-2
Grounds for dismissal of indictment or information on motion
Status: in_force

Upon motion of a defendant made pursuant to subdivision 23A-8-3(1), (2), or (3), the court must dismiss an indictment or information in any of the following cases:

(1) When it is not found, endorsed, and presented or filed as prescribed by this title;

(2) When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

(3) When it does not substantially conform to the requirements of this title;

(4) When more than one offense is charged in a single count;

(5) When it does not describe a public offense;

(6) When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

(7) When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged;

(8) When a person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration, except as provided in § 23A-5-11 ; or

(9) When a defendant charged by information did not have or waive a preliminary hearing before the information was filed.

Source: Supreme Court Rule 382, 385, 1939; SDC 1939 & Supp 1960, §§ 34.3509, 34.3514; SDCL, §§ 23-36-1, 23-36-8; SL 1978, ch 178, § 107-A; SL 1979, ch 159, § 46.
S.D. Codified Laws § 23A-22-13 — SD Code / Title 23A / Chapter 22 / Section 23A-22-13
Overt acts required for conspiracy conviction
Status: in_force

In prosecutions for conspiracy in a case where an overt act is necessary to constitute the offense, a defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, and unless one or more of the acts alleged are proved, but any other overt act, not alleged in the indictment or information, may be received as evidence.

Source: SDC 1939 & Supp 1960, § 34.3637; SDCL, § 23-44-12; SL 1978, ch 178, § 285.
S.D. Codified Laws § 23A-28-2 — SD Code / Title 23A / Chapter 28 / Section 23A-28-2
Definition of terms
Status: in_force

Terms used by this chapter mean:

(1) "Community service restitution," public service work provided under court order that benefits the general public which includes: charitable agencies, governmental agencies, educational institutions, the handicapped, the elderly, the ecology, the church of the offender's choice, and any other agencies that the sentencing judge deems reasonably rehabilitative to the offender. No work service may result in gain to any private individual or to a private corporation;

(2) "Criminal activities," includes any crime for which there is a plea of guilty or verdict of guilty upon which a judgment of conviction may be rendered and any other crime committed after June 30, 1979, which is admitted by the defendant, whether or not prosecuted. However, the term does not include petty offenses;

(3) "Pecuniary damages," all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish, and loss of consortium. Without limitation, the term includes damages for wrongful death;

(4) "Restitution," full or partial payment of pecuniary damages to a victim;

(5) "Victim," any person, as defined in subdivision 22-1-2 (31), who has suffered pecuniary damages as a result of the defendant's criminal activities, including any person or government agency who has by contract or by statute undertaken to indemnify another or to pay or provide a specified or determinable amount or benefit upon determinable contingencies. Any victim who has suffered pecuniary damages has priority of claim as opposed to any person or government agency who has a claim to indemnity or subrogation as a result of the same defendant's criminal activity.

Source: SL 1978, ch 177, § 1; SDCL Supp, § 23-48A-1; SL 1978, ch 178, § 354; SL 1979, ch 159, § 21; SL 1981, ch 191, § 1; SL 1994, ch 157, § 5; SL 1995, ch 135; SL 2021, ch 109, § 1.
S.D. Codified Laws § 23A-43-28 — SD Code / Title 23A / Chapter 43 / Section 23A-43-28
Exoneration of bail on commitment as mentally ill
Status: in_force

If a defendant is committed as mentally ill, the court shall exonerate his bail pursuant to § 23A-43-24 .

Source: SDC 1939 & Supp 1960, § 34.2004; SDCL, § 23-38-7; SL 1978, ch 175, § 9; SL 1978, ch 178, § 529.
S.D. Codified Laws § 23A-37-4 — SD Code / Title 23A / Chapter 37 / Section 23A-37-4
Application for return of property to person with right to possession
Status: in_force

Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held.

An application for the return of real property may be made within thirty days of the seizure of such real property. Absent good cause shown that the real property contains exculpatory evidence of the defendant's innocence which is incapable of being preserved by other means, or that the prosecuting attorney makes a showing that the continued seizure of the real property is necessary to the prosecution of the case, the court may order the law enforcement personnel in possession of the property to release it to the owner.

Source: SL 1978, ch 178, § 465; SL 2020, ch 103, § 1.
S.D. Codified Laws § 23-7-11 — SD Code / Title 23 / Chapter 7 / Section 23-7-11
Regulation does not apply to sale of pistols at wholesale
Status: in_force

Sections 23-7-7 to 23-7-12 , inclusive, do not apply to sales at wholesale.

Source: SDC 1939, § 21.0109; SL 1985, ch 190, § 17.
S.D. Codified Laws § 23A-44-7 — SD Code / Title 23A / Chapter 44 / Section 23A-44-7
Service on parties of motions, notices, and similar papers
Status: in_force

Written motions, other than those which are heard ex parte, written notices and similar papers shall be served upon each of the parties.

Source: SL 1978, ch 178, § 540.
S.D. Codified Laws § 23A-27-19.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-19.1
Suspension of probationary period--Conditions
Status: in_force

The running of a probationer's probationary period shall be suspended under the following conditions:

(1) If the probationer absconds from supervision;

(2) If the probationer is in violation of any of the terms and conditions of probation unless a sanction has been imposed for the violation pursuant to the graduated response grid established pursuant to § 16-22-13 and the probationer has fully complied with the sanction;

(3) Upon the filing of any probation violation report and during the pendency of any revocation or modification proceedings; or

(4) Upon arrest of a probationer pursuant to § 23A-27-21 if such arrest is followed by a revocation or modification hearing.

Source: SL 1979, ch 159, § 20A; SL 2014, ch 115, § 1.
S.D. Codified Laws § 23A-25-4 — SD Code / Title 23A / Chapter 25 / Section 23A-25-4
Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions
Status: in_force

All requested instructions shall be prepared and presented by the parties and handled and settled by the court in accordance with the provisions of § 15-6-51 . Instructions shall be settled out of the presence of the jury at the close of the evidence but prior to final argument. Before final argument the court shall read its instructions to the jury and shall furnish a copy to each of the parties. The instructions may be read to the jury and commented upon by counsel during the argument. They shall be taken by the jury when it retires. All instructions requested by the parties, or given by the court, shall be filed with the clerk and, with the endorsement thereon indicating the action of the court, shall be a part of the record of the case.

Source: SL 1978, ch 178, § 307.
S.D. Codified Laws § 23-24A-6 — SD Code / Title 23 / Chapter 24A / Section 23-24A-6
Certificate of custodial official to accompany prisoner's request for final disposition--Contents
Status: in_force

The request of the prisoner referred to in § 23-24A-3 shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

Source: SL 1972, ch 150, § 3.
S.D. Codified Laws § 23A-2-1 — SD Code / Title 23A / Chapter 2 / Section 23A-2-1
Complaint as statement of offense--Signature under oath--Traffic ticket issued by law enforcement officer
Status: in_force

A complaint is a written statement of the essential facts constituting an offense charged. The complaint shall be signed under oath before a person authorized to administer oaths in the State of South Dakota. A law enforcement officer, in lieu of signing a complaint for a misdemeanor or felony under oath, may sign a statement printed or written on a complaint or summons on a uniform traffic ticket stating: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs a statement as required by this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

Source: SDC 1939 & Supp 1960, § 34.1501; SDCL § 23-19-2; SL 1978, ch 178, § 3; SL 2015, ch 134, § 2; SL 2017, ch 105, § 1.
S.D. Codified Laws § 23-4-7 — SD Code / Title 23 / Chapter 4 / Section 23-4-7
Possession of device receiving law enforcement or emergency dispatch communications while committing felony--Misdemeanor
Status: in_force

Any person who possesses any device actively receiving law enforcement or emergency dispatch audio or emergency dispatch text while committing a felony is guilty of a Class 1 misdemeanor.

Source: SL 2015, ch 135, § 1.
S.D. Codified Laws § 23A-24-6 — SD Code / Title 23A / Chapter 24 / Section 23A-24-6
Minor's testimony as to sexual offense involving child--Open only to certain persons--Exception for grand jury proceedings
Status: in_force

Any portion of criminal proceedings, with the exception of grand jury proceedings, at which a minor is required to testify concerning rape of a child, sexual contact with a child, child abuse involving sexual abuse, or any other sexual offense involving a child may be closed to all persons except the parties' attorneys, the victim or witness assistant, the victim's parents or guardian, and officers of the court and authorized representatives of the news media, unless the court, after proper hearing, determines that the minor's testimony should be closed to the news media or the victim's parents or guardian in the best interest of the minor.

Source: SL 1983, ch 211, § 1; SL 1986, ch 193, § 1.
S.D. Codified Laws § 23A-43-25 — SD Code / Title 23A / Chapter 43 / Section 23A-43-25
Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded
Status: in_force

After the forfeiture of recognizance, bond or undertaking of bail, including an appearance bond, the prosecuting attorney shall proceed, with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail, including an appearance bond, is forfeited, the clerk of the court or other officer with whom it is deposited, shall monthly pay the money deposited to the county treasurer who shall deposit it in the county treasury. This section is not to be construed to include bonds assessed for violations of traffic or other misdemeanor violations included on an approved fine and bond schedule adopted by a circuit court for use by lay magistrates and law enforcement officials for purposes of levying a fine and costs to permit a violator to submit a power of attorney in lieu of a court appearance. Bonds which have been submitted in payment of such violations, accompanied by either a signed or unsigned power of attorney, shall be deposited in accordance with state laws governing the deposit of such fines, liquidated court costs and surcharges.

Source: SDC 1939 & Supp 1960, § 34.1809; SDCL, § 23-26-13; SL 1974, ch 158, § 5; SL 1978, ch 173, § 1; SL 1978, ch 178, § 525; SL 1979, ch 159, § 42; SL 1982, ch 170, § 6; SL 1996, ch 157.
S.D. Codified Laws § 23A-6-11 — SD Code / Title 23A / Chapter 6 / Section 23A-6-11
Allegation as to money or securities stolen
Status: in_force

In an indictment or information for the theft of money, bank notes, certificates of stock, or securities, or for a conspiracy to commit the theft of any such property, it is sufficient to allege the theft, or the conspiracy to commit theft, to be of money, bank notes, certificates of stock, or securities, without specifying the coin, number, denomination, or kind thereof.

Source: Supreme Court Rule 374, 1939; SDC 1939 & Supp 1960, § 34.3017; SDCL, § 23-32-15; SL 1978, ch 178, § 68.