S.D. Codified Laws § 23-3-35 — SD Code / Title 23 / Chapter 3 / Section 23-3-35
Powers of commission
Status: in_force

In addition to powers conferred upon the Law Enforcement Officers Standards Commission elsewhere in this chapter, the commission may:

(1) Promulgate rules for the administration of §§ 23-3-26 to 23-3-47 , inclusive, including the authority to require the submission of reports and information by law enforcement agencies within this state;

(2) Establish minimum educational and training standards for admission to employment as a law enforcement officer:

(a) In permanent positions; and

(b) In temporary or probationary status;

(3) Certify persons as being qualified under the provisions of §§ 23-3-26 to 23-3-47 , inclusive, to be law enforcement officers, and by rule to establish criteria and procedure for the revocation or suspension of the certification of officers who have been convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause, or have engaged in conduct unbecoming of a law enforcement officer;

(4) Establish minimum curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or any political subdivisions of the state for the specific purpose of training recruits, other law enforcement officers, or tribal law enforcement;

(5) Consult and cooperate with counties, municipalities, agencies of this state, tribal governments, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of law enforcement training schools and programs or courses of instruction;

(6) Approve institutions and facilities for school operation by or for the state or any political subdivision of the state for the specific purpose of training law enforcement officers and recruits;

(7) Make or encourage studies of any aspect of police administration;

(8) Conduct and stimulate research by public and private agencies which is designed to improve police administration and law enforcement;

(9) Make recommendations concerning any matter within its purview pursuant to §§ 23-3-26 to 23-3-47 , inclusive;

(10) Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§ 23-3-26 to 23-3-47 , inclusive;

(11) Adopt and amend bylaws, consistent with law, for its internal management and control;

(12) Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§ 23-3-26 to 23-3-47 , inclusive;

(13) License and regulate the activities of private or law enforcement polygraph and computer voice stress analyzer examiners;

(14) Certify canine teams; and

(15) Establish minimum educational and training standards for newly selected county coroners and advanced training standards for incumbent county coroners;

(16) Establish minimum educational and training standards for school sentinels authorized in § 13-64-1 .

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL § 23-3-25; SL 1970, ch 145, § 4; SL 1976, ch 160; SL 1984, ch 174, § 1; SL 1998, ch 141, § 1; SL 2003, ch 132, § 4; SL 2004, ch 158, § 1; SL 2010, ch 123, § 1; SL 2013, ch 93, § 7; SL 2018, ch 139, § 4.
S.D. Codified Laws § 23A-27-1.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-1.1
Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined
Status: in_force

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

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

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

For the purpose of this section, the term, victim, means the actual victim or the parent, spouse, next of kin, legal or physical custodian, guardian, foster parent, case worker, victim advocate, or mental health counselor of any actual victim who is incompetent by reason of age or physical condition, who is deceased, or whom the court finds otherwise unable to comment.

Source: Supreme Court Rule 86-21; SL 2004, ch 162, § 1; SL 2005, ch 129, § 1; SL 2012, ch 133, § 1; SL 2013, ch 105, § 4.
S.D. Codified Laws § 23A-5-4 — SD Code / Title 23A / Chapter 5 / Section 23A-5-4
Summons of new jurors after challenge--Oath of jurors chosen for particular case
Status: in_force

Whenever challenges to individual grand jurors are allowed, the court shall make an order to the sheriff, deputy sheriff, or coroner, to summon without delay, from the residents of the county, a sufficient number of persons to complete or to form a grand jury. A grand jury formed and impaneled as to and in a particular case, after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case, and as to all other cases at the same term of that grand jury, the grand jury shall be formed in the usual manner provided by law.

Source: SDC 1939 & Supp 1960, §§ 34.1203, 34.1209; SDCL, §§ 23-29-8, 23-29-16; SL 1978, ch 178, § 46.
S.D. Codified Laws § 23A-37-7 — SD Code / Title 23A / Chapter 37 / Section 23A-37-7
Money restored to owner--Gambling money paid into county treasury
Status: in_force

Money shall be restored to the owner unless it was used in unlawful gambling or lotteries in which case it shall be paid into the county treasury pursuant to § 16-2-28 .

Source: SL 1978, ch 178, § 469; SL 1982, ch 170, §§ 1 and 3.
S.D. Codified Laws § 23A-22-10 — SD Code / Title 23A / Chapter 22 / Section 23A-22-10
(Rule 27) Proof of official record or lack of record
Status: in_force

An official record or any entry therein or the lack of such a record may be proved in the same manner as in civil actions.

Source: SL 1978, ch 178, § 294.
S.D. Codified Laws § 23A-6-16 — SD Code / Title 23A / Chapter 6 / Section 23A-6-16
Unavailability of instrument on indictment or information for forgery
Status: in_force

When an instrument, which is the subject of an indictment or information for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information and established during the trial, any misdescription of the instrument is immaterial.

Source: Supreme Court Rule 375, 1939; SDC 1939 & Supp 1960, § 34.3018; SDCL, § 23-32-24; SL 1978, ch 178, § 75.
S.D. Codified Laws § 23A-35A-33 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-33
Persons providing assistance immune
Status: in_force

No cause of action may lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive.

Source: SL 1988, ch 194, § 13.
S.D. Codified Laws § 23-24A-17 — SD Code / Title 23 / Chapter 24A / Section 23-24A-17
Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner
Status: in_force

In response to a request made under § 23-24A-3 or 23-24A-12 , the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in § 23-24A-3 . In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

Source: SL 1972, ch 150, § 15.
S.D. Codified Laws § 23A-49-13 — SD Code / Title 23A / Chapter 49 / Section 23A-49-13
Civil action--Standard of proof
Status: in_force

Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence.

Source: SL 2016, ch 138, § 13.
S.D. Codified Laws § 23-24A-1 — SD Code / Title 23 / Chapter 24A / Section 23-24A-1
Findings, policy, and purpose of party states
Status: in_force

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

Source: SL 1972, ch 150, § 1.
S.D. Codified Laws § 23A-49-25 — SD Code / Title 23A / Chapter 49 / Section 23A-49-25
Seized property--Promulgation of rules
Status: in_force

The attorney general shall promulgate rules, in accordance with chapter 1-26 establishing:

(1) The form for law enforcement agencies to file a report with the attorney general;

(2) The deadline by which law enforcement must report under § 23A-49-21 ;

(3) Procedures necessary to facilitate the reporting provisions under this Act; and

(4) Any information required from law enforcement agencies about property seized and forfeited under this chapter, in addition to the information required to be reported to the attorney general in § 23A-49-22 .

Source: SL 2022, ch 76, § 5.
S.D. Codified Laws § 23A-27A-43 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-43
Immunity of persons participating and cooperating in execution
Status: in_force

Any person or party participating in good faith in the execution of an inmate under this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the execution. Immunity also extends in the same manner to any persons who in good faith cooperate in the execution of an inmate under this chapter.

Source: SL 2008, ch 117, § 40.
S.D. Codified Laws § 23A-46-3 — SD Code / Title 23A / Chapter 46 / Section 23A-46-3
Hearing--Representation of subject--Opportunity to present evidence
Status: in_force

At a hearing 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, the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel shall be appointed for him. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf and to confront and cross - examine witnesses who appear at the hearing.

Source: SL 1985, ch 192, § 32.
S.D. Codified Laws § 23A-51-2 — SD Code / Title 23A / Chapter 51 / Section 23A-51-2
Commission on Indigent Legal Services--Purpose
Status: in_force

There is hereby created the Commission on Indigent Legal Services. The commission shall oversee indigent representation services in South Dakota to ensure the effective assistance of counsel where there is a right to counsel under state or federal law.

Source: SL 2024, ch 95, § 2, eff. Mar. 18, 2024.
S.D. Codified Laws § 23-6-8 — SD Code / Title 23 / Chapter 6 / Section 23-6-8
Information received by bureau--Filing by director--Form and classification of records, preservation
Status: in_force

The director shall file, or cause to be filed, all information received by the bureau and shall make, or cause to be made, a complete and systematic record and index thereof, to provide a convenient method of reference and consultation. As far as practicable all such records shall coincide in form and classification with those of the appropriate agency in the United States Department of Justice, and with those of similar bureaus in other states, in order to permit easy interchange of information and records. Information and records received by the bureau may not be destroyed except as provided by § 23-6-8.1 .

Source: SL 1939, ch 138, §§ 9, 15; SDC Supp 1960, §§ 55.15A09, 55.9933; SDCL, § 23-6-18 ; SL 1978, ch 169, § 2; SL 1979, ch 158, § 6.
S.D. Codified Laws § 23A-27-25.7 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.7
Objection to fines or costs--Defendant sentenced to state correctional facility--Hearing
Status: in_force

If the sentencing court orders a defendant to a state correctional facility and the defendant objects at sentencing to the fines or costs imposed as a portion of the punishment on the basis the defendant will be ineligible to receive a wage for work performed while incarcerated because the defendant does not have a verifiable Social Security number, the defendant is entitled to a hearing at which the court shall determine whether there is good cause to reduce the fines or costs pursuant to § 23A-27-25.8 by a preponderance of the evidence. In making this determination, the court shall consider the defendant's employment circumstances, potential for employment and vocational training, financial condition, and other factors as may be appropriate.

Source: SL 2022, ch 73, § 1; SL 2023, ch 82, § 29.
S.D. Codified Laws § 23-14-13 — SD Code / Title 23 / Chapter 14 / Section 23-14-13
Arrest of person charged--Coroner's warrant
Status: in_force

If the person charged is present the coroner may order his arrest by a law enforcement officer or any other person present, and shall then make a warrant requiring the law enforcement officer or other person to take him before a committing magistrate. If the person charged is not present, and the coroner believes he can be taken, the coroner may issue a warrant to the law enforcement officers of the county, requiring them to arrest the person and take him before a committing magistrate.

Source: SDC 1939 & Supp 1960, § 34.1012; SL 1978, ch 171, § 7.
S.D. Codified Laws § 23A-8-9 — SD Code / Title 23A / Chapter 8 / Section 23A-8-9
(Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver
Status: in_force

Failure by a party to raise defenses or objections or to make requests which must be made prior to trial, at the time set by a court pursuant to § 23A-8-4 , or prior to any extension thereof made by the court, shall constitute a waiver thereof, but the court for cause shown may grant relief from the waiver.

Source: Supreme Court Rule 382, 1939; SDC 1939 & Supp 1960, § 34.3509; SDCL, § 23-36-2; SL 1978, ch 163; SL 1978, ch 178, § 114.
S.D. Codified Laws § 23A-41-4 — SD Code / Title 23A / Chapter 41 / Section 23A-41-4
(Rule 45(d)) Minimum time between notice and hearing on motion--Service of affidavits supporting and opposing motions
Status: in_force

A written motion, other than one which may be heard ex parte, and notice of the hearing thereon must be served at least five days before the time specified for the hearing unless a different period is fixed by rule or order of court. For cause shown such an order may be made on ex parte application. When a motion is supported by an affidavit, the affidavit must be served with the motion; and opposing affidavits must be served at least one day before the hearing unless the court permits them to be served at a later time.

Source: SL 1978, ch 178, § 498.
S.D. Codified Laws § 23A-25-12 — SD Code / Title 23A / Chapter 25 / Section 23A-25-12
Court open for other business during jury deliberations--Discharge of jury by final adjournment
Status: in_force

While a jury is absent a court may adjourn from time to time to conduct other business, but it is nevertheless deemed open for every purpose connected with a case submitted to a jury until a verdict is rendered or the jury is discharged. Final adjournment of a court discharges the jury.

Source: SDC 1939 & Supp 1960, § 34.3659; SDCL, § 23-45-4; SL 1978, ch 178, § 319.
S.D. Codified Laws § 23-7-18 — SD Code / Title 23 / Chapter 7 / Section 23-7-18
Sale of pistol by retail dealer--Restrictions--Misdemeanor
Status: in_force

No pistol shall be sold in violation of any provisions of this chapter, nor shall a pistol be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of his identity. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 21.0111 (3), 21.9901; SDCL, § 23-7-24 ; SL 1969, ch 89, § 2; SL 1972, ch 144, § 3; SL 1978, ch 169, § 18.
S.D. Codified Laws § 23-5A-14 — SD Code / Title 23 / Chapter 5A / Section 23-5A-14
Refusal to supply sample a felony
Status: in_force

Any person who is subject to the requirements of this chapter, and who, after receiving notification of the requirement to provide a DNA sample, knowingly refuses to provide such DNA sample, is guilty of a Class 5 felony.

Source: SL 2003, ch 133, § 14.
S.D. Codified Laws § 23A-27A-22.5 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-22.5
Counsel for defendant--Rights afforded at hearing
Status: in_force

At any hearing ordered pursuant to § 23A-27A-22.1 , the defendant shall be represented by counsel and, if financially unable to obtain adequate representation, counsel shall be appointed for the defendant. The defendant shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on the defendant's behalf, and to confront and cross-examine witnesses who appear at the hearing.

Source: SL 2008, ch 117, § 14.
S.D. Codified Laws § 23A-35A-32 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-32
Reasonable compensation for assistance
Status: in_force

A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for the reasonable expenses incurred in providing the facilities and assistance.

Source: SL 1988, ch 194, § 12.
S.D. Codified Laws § 23-24-32 — SD Code / Title 23 / Chapter 24 / Section 23-24-32
Disposition of copies of application and accompanying documents
Status: in_force

One copy of the application described in § 23-24-31 , with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the Office of the Secretary of State to remain of record in that office. The other copies of all papers shall be forwarded with the Governor's requisition.

Source: SDC 1939, § 34.1722; SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (3).
S.D. Codified Laws § 23-24-16 — SD Code / Title 23 / Chapter 24 / Section 23-24-16
Arrest without a warrant
Status: in_force

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or incarceration for a term one year or greater, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in § 23-24-15 ; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant.

Source: SDC 1939, § 34.1713; SL 1953, ch 200, § 14; SL 2015, ch 138, § 1.
S.D. Codified Laws § 23-5B-12 — SD Code / Title 23 / Chapter 5B / Section 23-5B-12
Denial of relief upon inconclusive test results
Status: in_force

If DNA test results obtained pursuant to this chapter are inconclusive, the circuit court shall deny the petitioner relief.

Source: SL 2009, ch 120, § 12.
S.D. Codified Laws § 23-3-39.5 — SD Code / Title 23 / Chapter 3 / Section 23-3-39.5
Initial training to include domestic abuse
Status: in_force

The initial training of law enforcement officers shall include domestic abuse training as described in § 23-3-39.4 .

Source: SL 1994, ch 171, § 1A.
S.D. Codified Laws § 23A-19-2 — SD Code / Title 23A / Chapter 19 / Section 23A-19-2
Challenge to panel defined
Status: in_force

A challenge to a panel is an objection made to all the trial jurors drawn, and may be taken by either party.

Source: SDC 1939 & Supp 1960, § 34.3610; SDCL, § 23-43-10; SL 1978, ch 178, § 263.
S.D. Codified Laws § 23A-47-2 — SD Code / Title 23A / Chapter 47 / Section 23A-47-2
Management of parolee, inmate, or probationer by administrative financial accountability system
Status: in_force

A parolee, inmate, or probationer, who is discharged from supervision but has outstanding, court-ordered financial obligations, shall be managed by the administrative financial accountability system, as administered pursuant to § 23A-47-3 , in order to satisfy all court-ordered financial obligations.

Source: SL 2013, ch 101, § 44, eff. Jan. 1, 2014; SL 2015, ch 142, § 1.
S.D. Codified Laws § 23A-47-3 — SD Code / Title 23A / Chapter 47 / Section 23A-47-3
Monitoring and tracking of payments
Status: in_force

The administrative financial accountability system shall be administered by the Unified Judicial System pursuant to § 23A-28-3 and shall monitor and track payments within the system.

Source: SL 2013, ch 101, § 45, eff. Jan. 1, 2014; SL 2015, ch 142, § 2.
S.D. Codified Laws § 23A-40-20 — SD Code / Title 23A / Chapter 40 / Section 23A-40-20
Annual distribution of moneys in fund--Determination of pro rata payments to counties
Status: in_force

All moneys in the court appointed attorney and public defender payment fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures by all counties in the state for court appointed attorneys and public defender offices. He shall then establish a percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties for court appointed attorneys and public defender offices. That percentage ratio shall then be applied to each county's gross expenditure for court appointed attorneys and public defender offices to determine its respective payment from the fund.

Source: SL 1982, ch 186, § 9; SL 1991, ch 197, § 4.
S.D. Codified Laws § 23A-28B-25 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-25
Circumstances not permitting award of compensation
Status: in_force

No claim for compensation may be awarded:

(1) Unless an application for compensation is filed with the department within one year after the date of the personal injury or death and the personal injury or death was the result of a crime which had been reported to a law enforcement officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within that period, within five days of the date when a report could reasonably have been made. The department may waive the one year application requirement for good cause shown;

(2) If the victim:

(a) Engaged in conduct which substantially contributed to the infliction of the victim's injury or death or engaged in conduct which the victim should reasonably have foreseen could lead to the injury or death. However, this subsection does not apply to any victim defined in subsections 23A-28B-1(12)(b) and (c) or to any victim of: a sex offense under chapter 22-22 ; human trafficking under chapter 22-49 ; domestic abuse under § 25-10-1 ; child abuse, neglect, or exploitation under § 26-8A-2 ; or abuse, neglect, or exploitation of an elder or an adult with a disability under chapter 22-46 ;

(b) Committed or otherwise participated in a crime which caused or contributed to the victim's injury or death;

(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter. If a claimant other than a victim fails or refuses to cooperate pursuant to this subsection, no compensation may be awarded to that claimant; or

(3) To any claimant, if the award would unjustly benefit an offender or an accomplice.

Source: SL 1991, ch 201, § 25; SL 2018, ch 145, §§ 2, 8.
S.D. Codified Laws § 23A-40-11 — SD Code / Title 23A / Chapter 40 / Section 23A-40-11
Lien created against property of person for whom counsel provided--Limitation
Status: in_force

A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of § 23A-40-6 , subdivisions 23A-40-7(2) and (3), or § 26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.

Source: SL 1969, ch 156, § 1; SDCL Supp, § 23-2-3.1; SL 1978 ch 178, § 494; SDCL Supp, § 23A-40-5; SL 1979, ch 159, § 36; SL 1983, ch 191, § 3; SL 1983, ch 192, § 2; SL 1989, ch 227, § 2; SL 1991, ch 217, § 167; SL 1998, ch 152, § 2; SL 2002, ch 122, § 1.
S.D. Codified Laws § 23-24-39 — SD Code / Title 23 / Chapter 24 / Section 23-24-39
Citation of uniform provision
Status: in_force

Sections 23-24-1 to 23-24-34 , inclusive, may be cited as the Uniform Criminal Extradition Act.

Source: SL 1953, ch 200, § 30; SDC Supp 1960, § 34.1729.
S.D. Codified Laws § 23-24A-15 — SD Code / Title 23 / Chapter 24A / Section 23-24A-15
Tolling of time periods for trial
Status: in_force

In determining the duration and expiration dates of the time periods provided in §§ 23-24A-3 and 23-24A-14 , the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

Source: SL 1972, ch 150, § 23.
S.D. Codified Laws § 23A-50-6 — SD Code / Title 23A / Chapter 50 / Section 23A-50-6
Appointment of mental health response teams--Confidentiality of records
Status: in_force

The presiding judge of each judicial circuit may appoint one or more mental health response teams. Each team appointed must include a court services officer for the jurisdiction where the team is to operate, a mental health provider, and a member of law enforcement, and may also include a representative that works with jail administration and one or more representatives from the public. The Unified Judicial System shall maintain a record of the membership of each team. The team may operate telephonically or through electronic communications.

The records prepared or maintained by the team are confidential. Notwithstanding, the records may be inspected by or disclosed to justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties or to any person specifically authorized by order of the court.

Source: SL 2017, ch 109, § 21; SL 2023, ch 79, § 7.
S.D. Codified Laws § 23A-32-7 — SD Code / Title 23A / Chapter 32 / Section 23A-32-7
Release on bail pending appeal by prosecution
Status: in_force

Pending the prosecution and determination of an appeal authorized by § 23A-32-4 or 23A-32-5 , a defendant may be released in accordance with chapter 23A-43 .

Source: SL 1978, ch 178, § 405.
S.D. Codified Laws § 23-5B-1 — SD Code / Title 23 / Chapter 5B / Section 23-5B-1
Order upon motion for DNA testing of person convicted of felony--Requirements
Status: in_force

Upon a written motion by any person who has been convicted of a felony offense, the court that entered the judgment of conviction for the felony offense shall order DNA testing of specific evidence if the court finds that all of the following apply:

(1) The petitioner asserts, under penalty of perjury, that the petitioner is actually innocent of the felony offense for which the petitioner is under a sentence of imprisonment or death;

(2) The petitioner's conviction is final under chapter 23A-32 ;

(3) The petitioner has exhausted any claim for relief under chapter 21-27 or 28 U.S.C. § 2254;

(4) The specific evidence to be tested was secured in relation to the investigation or prosecution of the felony offense for which the petitioner was convicted;

(5) The specific evidence was either:

(a) Not previously subjected to DNA testing and the petitioner did not:

(i) Knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of this chapter; or

(ii) Knowingly fail to request DNA testing of that evidence in a prior petition for relief under chapter 21-27 or 28 U.S.C. § 2254; or

(b) Previously subjected to DNA testing and the petitioner is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing;

(6) The petitioner shows good cause for the failure to request DNA testing of the specific evidence at the time of trial;

(7) The specific evidence to be tested exists, is in the possession of the state, and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing;

(8) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;

(9) The petitioner identifies a theory of defense that:

(a) Is consistent with an affirmative defense presented at trial; or

(b) Would establish the actual innocence of the petitioner of the felony offense referenced in the petitioner's assertion under subdivision (1); and

(10) If the petitioner was convicted following a trial, the identity of the perpetrator was at issue in the trial.

Source: SL 2009, ch 120, § 1.
S.D. Codified Laws § 23A-35A-23 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-23
Application of prohibition to provider of wire or electronic communication service
Status: in_force

The prohibition in § 23A-35A-22 does not apply with respect to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service:

(1) Relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service;

(2) To record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of service; or

(3) If the consent of the user of that service has been obtained.

Source: SL 1988, ch 194, § 3; SL 2017, ch 108, § 18.
S.D. Codified Laws § 23-7-7 — SD Code / Title 23 / Chapter 7 / Section 23-7-7
Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited
Status: in_force

A permit to carry a concealed pistol must be issued to any applicant by the sheriff of the county in which the applicant resides. The permit must be valid throughout the state and must be issued pursuant to § 23-7-7.1 . For purposes of verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a background investigation, including a computer check of available on-line records and a check utilizing the National Instant Criminal Background Check System. The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit.

Source: SDC 1939, § 21.0107; SL 1972, ch 145, § 1; SL 1985, ch 190, § 8; SL 2002, ch 118, § 4; SL 2018, ch 140, § 1; SL 2019, ch 113, § 6; SL 2022, ch 69, § 2.
S.D. Codified Laws § 23A-2-10 — SD Code / Title 23A / Chapter 2 / Section 23A-2-10
Time of execution of warrant
Status: in_force

A warrant issued for a felony may be executed on any day, at any time of the day or night. A warrant issued for a misdemeanor shall not be executed at night unless an authorization for a night arrest is endorsed upon the warrant by the committing magistrate.

Source: CCrimP 1877, § 116; CL 1887, § 7141; RCCrimP 1903, § 113; RC 1919, § 4546; SDC 1939 & Supp 1960, § 34.1604; SDCL, § 23-22-13; SL 1978, ch 178, § 12.
S.D. Codified Laws § 23A-20-8 — SD Code / Title 23A / Chapter 20 / Section 23A-20-8
Excuse and replacement of juror disqualified for cause--Challenges for cause on record
Status: in_force

At any time that cause for disqualifying a juror appears, the court shall excuse him and call another member of the panel to take his place in the jury box and on the clerk's list of jurors. Challenges for cause may be made out of hearing of the jurors, but shall be made on the record.

Source: SL 1978, ch 178, § 242.
S.D. Codified Laws § 23A-22-6 — SD Code / Title 23A / Chapter 22 / Section 23A-22-6
Defendant's right to testify--No presumption from failure to testify
Status: in_force

In a trial of all indictments, informations, complaints, and other proceedings before any court or magistrate, against persons charged with the commission of any crime, the person charged shall, at his own request, but not otherwise, be a competent witness. His failure to make such request does not create any presumption against him.

Source: SDC 1939 & Supp 1960, § 34.3633; SDCL, § 23-44-1 ; SL 1978, ch 178, § 282.
S.D. Codified Laws § 23A-13-4 — SD Code / Title 23A / Chapter 13 / Section 23A-13-4
(Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests
Status: in_force

Upon written request of a defendant, the prosecuting attorney shall permit a defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the prosecuting attorney, the existence of which is known, or by the exercise of due diligence may become known, to the prosecuting attorney, and which are material to the preparation of the defense or are intended for use by a prosecuting attorney as evidence in chief at the trial.

Source: SL 1978, ch 178, § 144.
S.D. Codified Laws § 23A-27A-21 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-21
Power to reprieve or suspend sentence limited to Governor--Exception
Status: in_force

No judge, officer, commission, or board, other than the Governor, may reprieve or suspend the execution of a judgment of death. However, the secretary of corrections is authorized so to do in a case and in the manner prescribed in this chapter or as provided in §§ 23A-27A-24 and 23A-27A-28 . This section does not apply to a stay of proceedings upon appeal or to the issuance of a writ of habeas corpus, certiorari, or other original remedial writ of the Supreme Court.

Source: SL 1939, ch 135, § 5; SDC Supp 1960, § 34.37A05; SDCL § 23-49-8; SL 1979, ch 160, § 23; SL 2008, ch 117, § 8; SL 2023, ch 82, § 38.
S.D. Codified Laws § 23A-27-18.6 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18.6
Maintenance of good disciplinary record and compliance with program requirements
Status: in_force

In addition to any conditions imposed by the sentencing judge, an inmate under the supervision of the Department of Corrections and the Board of Pardons and Paroles pursuant to § 23A-27-18.4 or 23A-27-19 shall maintain a good disciplinary record and comply with all programming required by the Department of Corrections and the Board of Pardons and Paroles. A suspended sentence may be revoked by the Board of Pardons and Paroles for failure to comply with these requirements.

Source: SL 2016, ch 137, § 2.
S.D. Codified Laws § 23A-36-5 — SD Code / Title 23A / Chapter 36 / Section 23A-36-5
Issuance of search warrant on finding of probable cause
Status: in_force

If the magistrate finds that probable cause exists to believe that the matter is obscene and that probable cause exists for the immediate issuance of a search warrant, then he shall issue a search warrant ordering the seizure of the matter described in the affidavit for a search warrant.

Source: SL 1974, ch 165, § 12; SDCL Supp, § 22-24-44; SL 1978, ch 178, § 456.
S.D. Codified Laws § 23A-48-16 — SD Code / Title 23A / Chapter 48 / Section 23A-48-16
Definitions pertaining to earned discharge credits
Status: in_force

Definitions for the purposes of determining earned discharge credits:

A. Absconded. The term absconded means to be absent from the offender's approved place of residence or employment with the intent of avoiding supervision. When there is reason to believe that an offender has absconded, verification of absence is obtained by conducting a field contact at the last known approved place of residence, contacting the last known approved place of employment, if applicable, and contacting known family members and collateral contacts.

B. Probationer. A probationer is defined as any person convicted of a felony or receiving a suspended imposition under § 23A-27-13 on a felony charge and sentenced by a South Dakota court to a term of supervised probation exceeding six months. A probationer for the purpose of §§ 23A-48-15 to 23A-48-22 , inclusive, does not include a person sentenced to drug court, a minor on juvenile court probation, or a person serving probation only on a misdemeanor offense under the laws of the State of South Dakota.

C. Probation Violation. A probation violation is defined as any written report submitted to the prosecuting attorney by a supervising court service's officer, or any petition to modify or revoke probation filed with the court by a state's attorney, the attorney general or court services officer alleging that a probationer has violated the terms of supervised probation.

D. Supervised Probation. Supervised probation under §§ 23A-48-15 to 23A-48-22 , inclusive, shall mean a period of probation, exceeding six months, imposed upon a probationer who has entered into a written agreement for probation with a court services officer that has been approved and filed with the court. Supervised probation does not include supervision through case-service monitoring or through the financial accountability collections system.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 2), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-3-35.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-35.1
Definitions
Status: in_force

Terms used in §§ 23-3-35 to 23-3-35.3 , inclusive, mean:

(1) "Computer voice stress analyzer" or "CVSA," an instrument that detects, measures, and displays changes in voice frequency, which can be recorded permanently and simultaneously;

(2) "CVSA examiner," a person who uses a computer voice stress analyzer to question individuals for the purpose of detecting deception.

Source: SL 2003, ch 132, § 1.
S.D. Codified Laws § 23A-2-12 — SD Code / Title 23A / Chapter 2 / Section 23A-2-12
(Rule 4(d)(4)) Return of warrant or summons to committing magistrate--Cancellation or delivery to another of unexecuted process
Status: in_force

The law enforcement officer executing a warrant shall make return thereof to the committing magistrate before whom the defendant is brought pursuant to § 23A-4-1 . At the request of the prosecuting attorney any unexecuted warrant may be returned to the committing magistrate who issued it and may be cancelled by him. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the committing magistrate to whom the summons is returnable. At the request of the prosecuting attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved, or a duplicate thereof, may be delivered by the committing magistrate to an authorized person for execution or service.

Source: SL 1978, ch 178, § 13.
S.D. Codified Laws § 23A-35A-24 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-24
Application for order authorizing use of pen register or trap and trace device
Status: in_force

An investigative or law enforcement officer may apply for an order or an extension of an order under § 23A-35A-27 , authorizing or approving the installation and use of a pen register or a trap and trace device under §§ 23A-35A-1 and 23A-35A-22 to 23A-35A-34 , inclusive, in writing under oath or equivalent affirmation, to a judge of competent jurisdiction.

Source: SL 1988, ch 194, § 4.
S.D. Codified Laws § 23A-27-13.2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-13.2
Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch
Status: in_force

If a defendant is serving a probationary sentence under the supervision of the Unified Judicial System and the same or any other sentencing court imposes a sentence on the defendant requiring supervision by the executive branch, other than as provided under § 23A-27-18.1 or 23A-27-18.2 , the probationary supervision by the Unified Judicial System is immediately terminated. The court that previously imposed the probationary sentence retains jurisdiction over the defendant to impose a sentence to the Department of Corrections, or any other lawful sentence.

Source: SL 2018, ch 144, § 1, eff. Mar. 9, 2018.
S.D. Codified Laws § 23A-12-9 — SD Code / Title 23A / Chapter 12 / Section 23A-12-9
Video recording of young sex crime or human trafficking victim's testimony at preliminary hearing or deposition--Use at trial
Status: in_force

If a victim is less than sixteen years of age at the time of a preliminary hearing or deposition, a prosecuting or defense attorney may apply for an order that the victim's testimony at the preliminary hearing or deposition, in addition to being stenographically recorded, be recorded and preserved on video, if a defendant has been charged with a violation of:

(1) Subdivision 22-22-1 (1) or (5);

(2) § 22-22-7 ; or

(3) § 22-49-2 .

The scope and manner of the examination and cross-examination must be such as would be allowed at the trial. Notice of any such deposition pursuant to this section must conform in all respects to the notice requirements contained in § 23A-12-2 .

The application for the order must be in writing and made at least three days before the preliminary hearing or deposition.

Upon timely receipt of the application, the court may order that the testimony of the victim given at the preliminary hearing or deposition be taken and preserved on video. The video must be transmitted to the clerk of the court in which the action is pending.

If, at the time of trial, the court finds that the victim is otherwise unavailable within the meaning of subdivision 19-19-804 (a), or that such testimony would in the opinion of the court be substantially detrimental to the well-being of the victim, the court may admit the video of the victim's testimony at the preliminary hearing or deposition as former testimony under subsection 19-19-804 (b)(1).

Source: SL 1983, ch 184, § 1; SL 1985, ch 195; SL 1986, ch 191, § 1; SL 2008, ch 118, § 2; SL 2022, ch 72, § 1.
S.D. Codified Laws § 23A-27-1.2 — SD Code / Title 23A / Chapter 27 / Section 23A-27-1.2
Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance
Status: in_force

If a reduction of a previously imposed sentence requiring time to be served in a state correctional facility is proposed for consideration, the state's attorney in the county where the offense was committed shall notify the victim, at the victim's last known address, of the hearing. Upon request to the court by a victim and before reducing any sentence, the victim, in the discretion of the court, may address the court concerning the emotional, physical, and monetary impact of the crime upon the victim and may comment upon the proposed reduction of the sentence.

The defendant may respond to the victim's statements orally or by presentation of evidence and may be granted a reasonable continuance to refute any inaccurate or false charges or statements.

For the purpose of this section the term "victim" is defined as in § 23A-27-1.1 .

Source: SL 1987, ch 174; SL 2023, ch 82, § 22.
S.D. Codified Laws § 23A-7-1 — SD Code / Title 23A / Chapter 7 / Section 23A-7-1
(Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant
Status: in_force

An arraignment shall be conducted in open court, except that an arraignment for a Class 2 misdemeanor may be conducted in chambers, and shall consist of reading the indictment, information, or complaint, as is applicable, to the defendant or stating to him the substance of the charge and calling on him to plead thereto.

A defendant must be informed that if the name in the indictment, information, or complaint is not his true name, he must then declare his true name or be proceeded against by the name given in the indictment, information, or complaint. If he gives no other name, the court may proceed accordingly. If he alleges that another name is his true name, he shall be proceeded against pursuant to § 23A-6-20 . He shall be given a copy of the indictment, information, or complaint, as is applicable, before he is called upon to plead.

Source: SDC 1939 & Supp 1960, §§ 34.2301, 34.3507; SDCL, §§ 23-35-12, 23-35-13, 23-35-18; SDCL Supp, § 23A-7-6 ; SL 1978, ch 178, §§ 91, 96; SL 1979, ch 159, § 5.
S.D. Codified Laws § 23A-26-5 — SD Code / Title 23A / Chapter 26 / Section 23A-26-5
Form of verdict acquitting for insanity
Status: in_force

If a defendant is acquitted because he was insane when he committed the offense charged, the verdict shall be "not guilty by reason of insanity."

Source: Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, § 34.3662; SDCL, § 23-45-12; SL 1978, ch 178, § 323; SL 1983, ch 174, § 15.
S.D. Codified Laws § 23-3-35.5 — SD Code / Title 23 / Chapter 3 / Section 23-3-35.5
Canine certification standards and criteria--Rules--Fees
Status: in_force

The commission shall, by rules promulgated pursuant to chapter 1-26 , establish standards and criteria for canine certification and recertification. The commission may also, by rules promulgated pursuant to chapter 1-26 , establish a certification fee and recertification fee to cover the reasonable costs of developing, implementing, and administering the canine certification program. However, the certification fee may not exceed three hundred dollars and the recertification fee may not exceed one hundred dollars.

Source: SL 2004, ch 158, § 3.
S.D. Codified Laws § 23-3-47 — SD Code / Title 23 / Chapter 3 / Section 23-3-47
Severability
Status: in_force

The provisions of §§ 23-3-26 to 23-3-46 , inclusive, shall be severable and if any phrase, clause, sentence, or provision of said sections is declared to be contrary to the Constitution or laws of this state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of said sections and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.

Source: SL 1970, ch 145, § 9.
S.D. Codified Laws § 23A-7-10 — SD Code / Title 23A / Chapter 7 / Section 23A-7-10
(Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement
Status: in_force

If a court accepts the plea agreement, it shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement.

Source: SL 1978, ch 178, § 101.
S.D. Codified Laws § 23A-35A-17 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-17
Disclosure of contents of intercepted communication in court or grand jury proceeding
Status: in_force

Any person, who has received, by any means authorized by this chapter or chapter 119 of the United States Code, or a like statute of another state, any information concerning the contents of a wire, electronic, or oral communication, or evidence derived from the contents, intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or any derivative evidence while giving testimony under oath or affirmation in any proceeding in any court in this state, before any grand jury in this state, in any court of the United States or of any other state, or in any federal or state grand jury proceeding.

Source: SL 1969, ch 158, § 5 (3); SDCL Supp, § 23-13A-8; SL 2017, ch 108, § 13.
S.D. Codified Laws § 23-24-13 — SD Code / Title 23 / Chapter 24 / Section 23-24-13
Confinement in jail when necessary
Status: in_force

The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered 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 person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.

Source: SDC 1939, § 34.1711; SL 1953, ch 200, § 12; SL 1992, ch 60, § 2.
S.D. Codified Laws § 23A-28A-10 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-10
Person unfit for trial as result of mental illness--Action by attorney general to determine disposition of escrow account
Status: in_force

If it is found pursuant to chapter 23A-10A , that a person accused of a crime is unfit to proceed as a result of mental illness or defect because such person lacks the capacity to understand the proceedings against him or to assist in his own defense, the attorney general shall bring an action under the civil procedure laws and rules of this state to determine the disposition of the escrow account.

Source: SL 1982, ch 184, § 8.
S.D. Codified Laws § 23A-35A-11 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-11
Authority for eavesdropping--Retention of orders and papers by applicant--Copy of order retained by judge
Status: in_force

Any ex parte order for wiretapping and eavesdropping, together with the papers upon which the application was based, shall be delivered to and retained by the applicant during the duration of the wiretap as authority for the eavesdropping authorized therein. A true copy of such order shall at all times be retained by the judge or justice issuing the same.

Source: SL 1980, ch 181, § 14.
S.D. Codified Laws § 23-7-45 — SD Code / Title 23 / Chapter 7 / Section 23-7-45
Possession of pistols by minors--Exceptions to prohibitions
Status: in_force

The provisions of § 23-7-44 are not applicable to a minor and a criminal prosecution for possession of a pistol brought after transfer pursuant to chapter 26-11 is not applicable to a minor if the minor had the prior written consent of the minor's parent or guardian to possess the pistol, and:

(1) The minor was on premises owned or leased by the minor or the minor's parent, guardian, or immediate family member;

(2) The minor was in the presence of a licensed or accredited gun safety instructor; or

(3) The pistol was being used for farming, ranching, hunting, trapping, target shooting, or gun safety instruction.

Source: SL 1994, ch 172, § 2; SL 2020, ch 93, § 1.
S.D. Codified Laws § 23A-27-21.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-21.1
Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody
Status: in_force

A court services officer may issue a verbal or written order authorizing a law enforcement officer to aid a court services officer in making an arrest or taking a person into custody pursuant to § 23A-27-21 .

Source: SL 2005, ch 128, § 2.
S.D. Codified Laws § 23A-12-3 — SD Code / Title 23A / Chapter 12 / Section 23A-12-3
(Rule 15(c)) Governmental payment of defendant's expenses for deposition
Status: in_force

Whenever a deposition is taken at the instance of the prosecuting attorney, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expenses of the taking of the deposition, the court may direct that the expense of travel and subsistence of the defendant and his attorney for attendance at the examination and the cost of the transcript of the deposition shall be paid by the appropriate governmental unit.

Source: SL 1978, ch 178, § 133.
S.D. Codified Laws § 23A-27A-11 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-11
Procedure on appeal from capital punishment case--Briefs--Oral argument
Status: in_force

Except as provided in this chapter, the procedure on appeal from a decision in which capital punishment has been imposed shall be the same as is prescribed by law or Supreme Court rule in other criminal cases. Both the defendant and the state shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court.

Source: SL 1939, ch 137, § 4; SDC Supp 1960, § 34.37A16; SDCL, § 23-49-33; SL 1979, ch 160, §§ 11, 15.
S.D. Codified Laws § 23A-6-22 — SD Code / Title 23A / Chapter 6 / Section 23A-6-22
Suppression of names and details in rape, incest, or sexual contact prosecution
Status: in_force

Upon the request of the victim in a prosecution for rape, incest, or sexual contact, the court shall order that the names of the victim or the accused or the details of the alleged offense be suppressed until:

(1) The accused is arraigned;

(2) The charge is dismissed; or

(3) The case is otherwise concluded;

Source: SL 1975, ch 169, § 4; SDCL Supp, § 23-32-28; SL 1978, ch 178, § 81; SL 1983, ch 182; SL 1996, ch 154.
S.D. Codified Laws § 23A-39-4 — SD Code / Title 23A / Chapter 39 / Section 23A-39-4
Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant
Status: in_force

If the defendant has been released on bail in accordance with any provision of chapter 23A-43 and does not appear when so ordered by the court, the court, in addition to the forfeiture of bail, may direct the clerk of the court to issue a bench warrant for his arrest. The clerk, on application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant, and may assess costs of such issuance against the defendant in the sum of ten dollars.

Source: SDC 1939 & Supp 1960, § 34.3702; SDCL, § 23-48-8; SL 1978, ch 178, § 488; SL 1987, ch 181, § 1.
S.D. Codified Laws § 23A-27A-26.4 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-26.4
Appeal by state
Status: in_force

If the court enters an order pursuant to § 23A-27A-26.3 finding that the defendant was intellectually disabled at the time of the commission of the offense, the state may appeal as of right from the order. Upon entering such an order, the court shall afford the state a reasonable period of time, which may not be less than ten days, to determine whether to take an appeal from the order finding that the defendant was intellectually disabled. The taking of an appeal by the state stays the effectiveness of the court's order and any order fixing a date for trial.

Source: SL 2000, ch 112, § 4; SL 2018, ch 148, § 4.
S.D. Codified Laws § 23A-25-2 — SD Code / Title 23A / Chapter 25 / Section 23A-25-2
Duty to receive law laid down by court
Status: in_force

Although jurors have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law that which is laid down as such by the court.

Source: SDC 1939 & Supp 1960, § 34.3629; SDCL, § 23-44-21; SL 1978, ch 178, § 308.
S.D. Codified Laws § 23A-48-7 — SD Code / Title 23A / Chapter 48 / Section 23A-48-7
Response grid to be standard condition of probation--Review of moderate or serious sanctions
Status: in_force

Except as stated in § 23A-48-5 the response grid shall be made a standard condition of probation and a probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial circuit. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which shall be assigned by the director of trial court services. The decision made by the chief court services officer concerning the imposition of a sanction is final.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 4), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-24-9 — SD Code / Title 23 / Chapter 24 / Section 23-24-9
Manner and place of execution
Status: in_force

The Governor's warrant of arrest shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter to the duly authorized agent of the demanding state.

Source: SDC 1939, § 34.1708; SL 1953, ch 200, § 8.
S.D. Codified Laws § 23A-10A-6.1 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-6.1
Burden and standard of proof
Status: in_force

If the defendant, state, or court asserts that a defendant is mentally incompetent to proceed, the state has the burden of proving the mental competence of the defendant by a preponderance of the evidence.

Source: SL 1984, ch 178; SL 1988, ch 190.
S.D. Codified Laws § 23A-6-9 — SD Code / Title 23A / Chapter 6 / Section 23A-6-9
Precise time of offense need not be stated
Status: in_force

The precise time at which an offense was committed need not be stated in an indictment or information, but it may be alleged to have been committed at any time before the filing thereof, except when the time is a material element of the offense.

Source: Supreme Court Rule 368, 1939; SDC 1939 & Supp 1960, § 34.3011; SDCL, § 23-32-17; SL 1978, ch 178, § 71.
S.D. Codified Laws § 23A-28A-8 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-8
No actions brought against escrowed moneys--Payment to convicted person
Status: in_force

Upon a showing by any convicted person that five years have lapsed from the establishment of such escrow account and further that no actions are pending against such convicted person pursuant to this chapter, the attorney general shall immediately pay over or satisfy any moneys or other property in the escrow account to such person or his legal representatives.

Source: SL 1982, ch 184, § 6.
S.D. Codified Laws § 23-7-63 — SD Code / Title 23 / Chapter 7 / Section 23-7-63
Duration of gold card permit to carry concealed pistol
Status: in_force

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

Source: SL 2016, ch 132, § 10, eff. Jan. 1, 2017.
S.D. Codified Laws § 23-5B-16 — SD Code / Title 23 / Chapter 5B / Section 23-5B-16
Grounds for new trial
Status: in_force

The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in § 23-5B-1 , for which the petitioner is under a sentence of imprisonment.

Source: SL 2009, ch 120, § 16.
S.D. Codified Laws § 23A-43-6 — SD Code / Title 23A / Chapter 43 / Section 23A-43-6
Order stating conditions of release--Advice to defendant as to results of violation
Status: in_force

A committing magistrate or court authorizing the release of a defendant under § 23A-43-2 , 23A-43-3 , or 23A-43-5 shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the defendant of the penalties for a violation of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation.

Source: SL 1978, ch 178, § 510.
S.D. Codified Laws § 23-1A-18 — SD Code / Title 23 / Chapter 1A / Section 23-1A-18
Failure to appear after deposit or admission--Judgment entered
Status: in_force

If the defendant fails to appear in court at the time set in his summons or set by subsequent postponement, and he has previously made a deposit, he shall be deemed to have tendered an admission to the allegations contained in the complaint and to have agreed to use the deposit for payment of the judgment. The court shall accept the admission and enter judgment accordingly.

If a defendant fails to appear, and has made a stipulation of admission to the allegations in his complaint, the court shall enter judgment against the defendant.

Source: SL 1977, ch 193, § 17.
S.D. Codified Laws § 23A-31-1 — SD Code / Title 23A / Chapter 31 / Section 23A-31-1
(Rule 35) Correction or reduction of sentence--Time permitted--Post-conviction remedies unimpaired
Status: in_force

A court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided in this section for the reduction of sentence. A court may reduce a sentence:

(1) Within two years after the sentence is imposed;

(2) Within one hundred twenty days after receipt by the court of a remittitur issued upon affirmance of the judgment or dismissal of the appeal; or

(3) Within one hundred twenty days after entry of any order or judgment of the Supreme Court denying review of, or having the effect of upholding, a judgment of conviction;

Source: SL 1978, ch 178, § 384; SL 2005, ch 127, § 2.
S.D. Codified Laws § 23-13-2 — SD Code / Title 23 / Chapter 13 / Section 23-13-2
Prevention of offenses by officers of justice--Assistance by other persons
Status: in_force

When the officers of justice are authorized to act in the prevention of public offenses, other persons, who by their command act in their aid, are justified in so doing.

Source: SDC 1939 & Supp 1960, § 34.0102.
S.D. Codified Laws § 23-1A-14 — SD Code / Title 23 / Chapter 1A / Section 23-1A-14
Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor
Status: in_force

A person receiving a deposit shall furnish a numbered receipt to the defendant if requested. A person receiving a deposit may allow a defendant to submit a check for the amount of the deposit, and such check shall be considered to be the receipt required by this section. Such check shall be deemed to have been issued for present consideration. Any person who issues a "stop payment" order on such a check and fails to appear in court on the date set for hearing by the summons, is guilty of a Class 2 misdemeanor.

Source: SL 1977, ch 193, § 12.
S.D. Codified Laws § 23A-28C-4 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-4
Victim defined
Status: in_force

For the purposes of this chapter, the term, victim, means any person being the direct subject of an alleged act that would constitute a crime of violence as defined by subdivision 22-1-2(9), burglary in the second degree, simple assault as defined in §§ 22-18-1 and 22-18-1.5 , interference with emergency communication as defined in § 49-31-29.2 , violation of a protection order or no contact order as defined in § 25-10-13 , disorderly conduct between persons in a relationship described in § 25-10-3.1 , stalking as defined in chapter 22-19A , a violation of chapter 22-22 , a violation of chapter 22-49 , or a driving or boating under the influence vehicle accident, under the laws of South Dakota or the laws of the United States. If the victim does not survive, is a minor, or is unable to comment, the term, victim, means the members of the immediate family of the primary victim. The victim may also designate a representative to act on the victim's behalf.

Source: SL 1991, ch 202, § 4; SL 1994, ch 181; SL 1999, ch 127, § 1; SL 2014, ch 125, § 10; SL 2018, ch 146, § 1.
S.D. Codified Laws § 23A-48-18 — SD Code / Title 23A / Chapter 48 / Section 23A-48-18
Eligibility for earned discharge credit
Status: in_force

Except as set forth in § 23A-48-17 , a probationer who has a term of supervised probation of six months or more as of January 1, 2014 shall be eligible for earned discharge credit as set forth in § 23A-48-19 regardless of the date of conviction.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 4), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-3-42.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-42.1
Training in domestic abuse issues required
Status: in_force

The minimum training required of each law enforcement officer for certification shall include a minimum total of four hours on the following issues pertaining to domestic abuse:

(1) Enforcement of criminal laws in domestic abuse situations;

(2) Availability of community resources; and

(3) Protection of the victim.

Source: SL 1989, ch 203.
S.D. Codified Laws § 23A-19-9 — SD Code / Title 23A / Chapter 19 / Section 23A-19-9
New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed
Status: in_force

If a challenge to a panel is allowed, the judge shall order a jury to be drawn and summoned in the regular manner. If it is disallowed, the court must direct the jury to be impaneled.

Source: SDC 1939 & Supp 1960, § 34.3614; SDCL, § 23-43-19; SL 1978, ch 178, § 270.
S.D. Codified Laws § 23A-43-13 — SD Code / Title 23A / Chapter 43 / Section 23A-43-13
Disposition of cases by forfeiture of collateral not prohibited
Status: in_force

Nothing contained in §§ 23A-43-1 to 23A-43-12 , inclusive, shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court.

Source: SL 1978, ch 178, § 514.
S.D. Codified Laws § 23A-22-8 — SD Code / Title 23A / Chapter 22 / Section 23A-22-8
Corroboration of accomplice's testimony required for conviction
Status: in_force

A conviction cannot be had upon the testimony of an accomplice unless it is corroborated by other evidence which tends to connect the defendant with the commission of the offense. The corroboration is not sufficient if it merely shows the commission of the offense, or the circumstances thereof.

Source: SDC 1939 & Supp 1960, § 34.3636; SDCL, § 23-44-10; SL 1978, ch 178, § 284.
S.D. Codified Laws § 23A-10A-13 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-13
Approved facility defined
Status: in_force

The term, approved facility, as used in this chapter, means the Human Services Center; the state developmental centers; a community support provider; a mental health center, as defined by subdivision 27A-1-1(13), or any other facility approved by the Department of Human Services or the Department of Social Services for placement or treatment of mentally ill or developmentally disabled persons.

Source: SL 1991, ch 199, § 2; SL 2009, ch 138, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 134, eff. Apr. 12, 2011.
S.D. Codified Laws § 23-7-47 — SD Code / Title 23 / Chapter 7 / Section 23-7-47
Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System
Status: in_force

The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to § 23A-10A-4 . The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment.

Source: SL 2014, ch 113, § 2.
S.D. Codified Laws § 23A-47-7 — SD Code / Title 23A / Chapter 47 / Section 23A-47-7
Contempt or review hearings
Status: in_force

The original sentencing court shall be the court of competent jurisdiction pursuant to § 23A-47-6 for contempt or review hearings, if necessary, as part of the financial accountability collections system.

Source: SL 2013, ch 101, § 49, eff. Jan. 1, 2014; SL 2015, ch 142, § 5.
S.D. Codified Laws § 23A-37-9 — SD Code / Title 23A / Chapter 37 / Section 23A-37-9
Destruction of contraband and illegal property--Sale of articles capable of lawful use--Controlled weapons or firearms
Status: in_force

Articles of contraband or property of an illegal nature shall be destroyed, except that any articles which are capable of lawful use may in the discretion of the court be sold and the proceeds disposed of as provided in § 23A-37-10 . However, the provisions of § 23A-37-13 apply to any controlled weapon or firearm.

Source: SL 1978, ch 178, § 469; SL 1979, ch 159, § 25A; SL 1985, ch 188, § 5; SL 1999, ch 128, § 1.
S.D. Codified Laws § 23A-26-1 — SD Code / Title 23A / Chapter 26 / Section 23A-26-1
(Rule 31(a)) Unanimous verdict required--Return in open court
Status: in_force

A jury verdict shall be unanimous. It shall be returned by the jury to the judge or magistrate in open court. When the jurors appear, they must be asked by the court or the clerk whether they have agreed upon their verdict. If the foreman answers in the affirmative, they must, on being required, declare the same.

Source: SDC 1939 & Supp 1960, § 34.3660; SDCL, § 23-45-8; SL 1978, ch 178, § 320.
S.D. Codified Laws § 23-24A-16 — SD Code / Title 23 / Chapter 24A / Section 23-24A-16
Right of prisoner to contest legality of delivery
Status: in_force

Nothing contained in § 23-24A-12 , 23-24A-13 , or 23-24A-14 shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in § 23-24A-12 , but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

Source: SL 1972, ch 150, § 13.
S.D. Codified Laws § 23A-27A-34.2 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-34.2
Witnesses permitted to defendant at execution
Status: in_force

The defendant is permitted to have up to five witnesses present at the execution. Witnesses for the defendant may include counsel, members of the clergy, relatives, or friends.

Source: SL 2008, ch 117, § 30.
S.D. Codified Laws § 23-24-3 — SD Code / Title 23 / Chapter 24 / Section 23-24-3
Form of demand for extradition to another state
Status: in_force

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under § 23-24-7 , that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.

Source: SDC 1939, § 34.1703; SL 1953, ch 200, § 3.
S.D. Codified Laws § 23A-2-4 — SD Code / Title 23A / Chapter 2 / Section 23A-2-4
(Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail
Status: in_force

Each arrest warrant shall be dated and contain its place of issuance. It shall be signed by a committing magistrate. It shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall command that the defendant be brought before the nearest available committing magistrate. The committing magistrate who signs the warrant shall also endorse the amount of bail on it.

Source: CCrimP 1877, § 97; CL 1887, § 7122; RCCrimP 1903, § 94; RC 1919, § 4530; SDC 1939 & Supp 1960, § 34.1616; SDCL, § 23-21-2; SL 1978, ch 178, § 6.
S.D. Codified Laws § 23A-28-9 — SD Code / Title 23A / Chapter 28 / Section 23A-28-9
Civil remedies of victims unimpaired--Restitution payments set off
Status: in_force

Proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.

Source: SL 1978, ch 178, § 361; SL 1986, ch 196, § 4.
S.D. Codified Laws § 23A-27-39 — SD Code / Title 23A / Chapter 27 / Section 23A-27-39
Discharge of guilty but mentally ill defendant by treating facility--Report
Status: in_force

If a treating facility discharges a defendant pursuant to § 23A-27-38 prior to the expiration of his sentence, the facility shall forward to the Board of Pardons and Paroles a report on the condition of the defendant. The report shall contain the clinical facts, the diagnosis, the course of treatment, and the prognosis for remission of symptoms.

Source: SL 1983, ch 174, § 19.
S.D. Codified Laws § 23A-35-12 — SD Code / Title 23A / Chapter 35 / Section 23A-35-12
(Rule 41(f)) Motion to suppress evidence in trial court
Status: in_force

A motion to suppress evidence may be made in the court of the county of trial as provided in chapter 23A-8 .

Source: SL 1978, ch 178, § 449.
S.D. Codified Laws § 23-7-7.6 — SD Code / Title 23 / Chapter 7 / Section 23-7-7.6
Time requirement for INTERPOL check
Status: in_force

Notwithstanding the five day requirement provided in § 23-7-7.1 , if the background investigation under § 23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of § 23-7-7.1 .

Source: SL 2011, ch 123, § 2.
S.D. Codified Laws § 23A-35A-31 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-31
Installation of trap and trace device--Assistance--Results given to law enforcement officer
Status: in_force

Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under § 23A-35A-1 or §§ 23A-35A-22 to 23A-35A-34 , inclusive, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install the device immediately on the appropriate line or electronic device and shall furnish the investigative or law enforcement officer all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with minimal interference with the services the person ordered by the court provides the party with respect to the installation and use is to take place, if the installation and assistance is directed by a court order as provided in § 23A-35A-27 . Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

Source: SL 1988, ch 194, § 11; SL 2017, ch 108, § 20.
S.D. Codified Laws § 23A-28B-2 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-2
Rights of resident victim of out-of-state crime
Status: in_force

If a resident of South Dakota is a victim of a crime as defined in § 23A-28B-1 , but the crime occurred outside the boundaries of this state, the resident has the same rights under the provisions of this chapter as if the crime had occurred within this state upon a showing that the state, territory, country, or political subdivision of a country in which the crime occurred does not have a crime victims' compensation law which covers the injury or death suffered by the resident.

Source: SL 1991, ch 201, § 2.
S.D. Codified Laws § 23A-5-18 — SD Code / Title 23A / Chapter 5 / Section 23A-5-18
(Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named on indictment--Dismissal of charge on failure to indict
Status: in_force

A quorum of six grand jurors must be present before any evidence or testimony may be received or any other business conducted. An indictment may be found only if there is probable cause to believe that an offense has been committed and that the defendant committed it. An indictment may be found only upon the concurrence of six or more jurors. The names of only those witnesses examined before the grand jury in relation to the particular indictment shall be listed on that indictment before it is filed with the court. An indictment shall be returned by the grand jury to a circuit judge in open court, or, if no circuit judge is available, filed with the clerk of courts, endorsed a true bill.

If six grand jurors do not concur in finding an indictment against a defendant who is in custody but who has not had a preliminary hearing, the complaint or information and the certified record of the proceedings before the committing magistrate transmitted to them shall be returned to the court, with an endorsement thereon, signed by the foreman, that the charge is dismissed. The dismissal of the charge does not prevent its being again submitted to a grand jury as often as a court may direct, but without such direction it cannot again be submitted.

Source: SDC 1939 & Supp 1960, §§ 34.1219, 34.1220, 34.1233, 34.1234; SDCL, §§ 23-31-3 to 23-31-8; SL 1978, ch 178, § 56; SL 2001, ch 120, § 1.
S.D. Codified Laws § 23A-28C-8 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-8
Victim or witness assistant--Duties
Status: in_force

The victim or witness assistant shall:

(1) Advise the victim about the legal proceedings in which the victim will be involved;

(2) Advise the victim concerning any required appearance at any proceeding and if the proceeding is continued or postponed;

(3) Assist the state's attorney, court services officer, and the victim to determine the amount of monetary damages suffered by the victim and advise the victim about restitution;

(4) Advise, if the requirements of § 23A-12-9 are met, the victim and one of the victim's immediate family that the preliminary hearing or deposition testimony of the victim may be video recorded; and

(5) Advise the victim or one of the victim's immediate family if the defendant is released from custody and the defendant's bail conditions.

The victim or witness assistant may accompany the victim in any criminal proceeding.

Source: SL 1986, ch 192, § 3; SDCL § 22-1-11; SL 2005, ch 120, §§ 364, 366; SL 2022, ch 72, § 3.
S.D. Codified Laws § 23-3-43 — SD Code / Title 23 / Chapter 3 / Section 23-3-43
Elected county sheriffs not exempt from prescribed qualifications--Education and training required
Status: in_force

No person may be elected or appointed as a county sheriff who does not meet the same qualifications provided by § 23-3-42 for the employment of appointed law enforcement officers. All elected or appointed sheriffs shall successfully complete the same education and training program required by the commission for appointed law enforcement officers. The education and training program shall be completed within twelve months after the officer has been appointed or elected and qualified.

Source: SL 1970, ch 145, § 5 (d); SL 1977, ch 195; SL 1992, ch 169, § 1.
S.D. Codified Laws § 23A-6-15 — SD Code / Title 23A / Chapter 6 / Section 23A-6-15
Erroneous allegation as to victim of offense
Status: in_force

When an offense involves the commission of, or an attempt to commit, a theft or other private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured, or the ownership of the property taken, is not material.

Source: Supreme Court Rule 370, 1939; SDC 1939 & Supp 1960, § 34.3013; SDCL, § 23-32-14; SL 1978, ch 178, § 74.
S.D. Codified Laws § 23A-7-9 — SD Code / Title 23A / Chapter 7 / Section 23A-7-9
Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney
Status: in_force

If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court, or on a showing of good cause, in chambers, at the time the plea is offered. The prosecuting attorney shall disclose on the record any comments on the plea agreement made by the victim, or his designee, of the defendant's crime to the prosecuting attorney. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the court accepts a plea agreement involving any felony charge, the prosecuting attorney shall file a brief written report, which includes the terms of the plea agreement and the ultimate reasons therefor, with the division of criminal investigation and, if the defendant is incarcerated in a state correctional facility, also with the warden thereof.

Source: SL 1978, ch 178, § 100; SL 1983, ch 183, § 2; SL 1985, ch 194, § 2; SL 2023, ch 82, § 21.
S.D. Codified Laws § 23A-28B-11 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-11
Application for compensation
Status: in_force

An application for compensation shall be on a form prescribed by the department which sets forth:

(1) The victim's name and address, the claimant's name and address, and the relationship of the claimant to the victim;

(2) If the victim is deceased, the name and address of each dependent of the victim and the extent to which each is dependent;

(3) The date and the nature of the crime underlying the claim;

(4) The law enforcement agency or officer to whom the crime was reported and the date of the report;

(5) The nature and extent of the injuries sustained by the victim, the name and address of any person who gave medical treatment to the victim, and the name and address of any hospital where the victim received medical treatment;

(6) The total amount of economic loss that the victim, a dependent, or the claimant sustained as a result of the crime;

(7) The amount of benefits or advantages that the victim, a dependent, or other claimant has received or may be entitled to receive from any collateral source for economic loss resulting from the crime, including the name of each collateral source;

(8) Whether the claimant is a spouse, parent, child, brother or sister of the offender, or an accomplice of the offender who committed the crime;

(9) A release authorizing the department to obtain any report, document, or other information relating to the claim; and

(10) Any additional information which the department deems necessary.

Source: SL 1991, ch 201, § 11; SL 1997, ch 145, § 2; SL 2002, ch 120, § 1.
S.D. Codified Laws § 23A-35-14 — SD Code / Title 23A / Chapter 35 / Section 23A-35-14
(Rule 41(h)) Special provisions for search unimpaired
Status: in_force

This chapter does not modify any inconsistent provision of this code regulating search, seizure, and the issuance and execution of search warrants in circumstances for which special provision is made.

For purposes of this chapter, "property" includes documents, books, papers, digital currency, and any other tangible objects.

Source: SL 1978, ch 178, § 451; SL 2026, ch 114, § 1.
S.D. Codified Laws § 23-24A-18 — SD Code / Title 23 / Chapter 24A / Section 23-24A-18
Documents required of officer accepting temporary custody
Status: in_force

The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

Source: SL 1972, ch 150, § 16.
S.D. Codified Laws § 23-3-33 — SD Code / Title 23 / Chapter 3 / Section 23-3-33
Reports of commission
Status: in_force

The commission shall report annually to the attorney general, the Governor, and the Legislature on its activities, and may make such other reports as it deems desirable.

Source: SL 1970, ch 145, § 3 (e).
S.D. Codified Laws § 23-24B-4.1 — SD Code / Title 23 / Chapter 24B / Section 23-24B-4.1
Investigation and report to judge by attorney general
Status: in_force

The circuit court judge may call upon the attorney general to investigate the demand for extradition and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.

Source: SL 1978, ch 172, § 4.
S.D. Codified Laws § 23-6-12 — SD Code / Title 23 / Chapter 6 / Section 23-6-12
Cooperation of bureau with federal government and other states--Development of international system of criminal identification--Misdemeanor
Status: in_force

The bureau shall cooperate with the appropriate agency of the federal government and with similar agencies in other states, territories, and countries, toward the end of developing and carrying on a complete and uniform interstate, national, and international system of criminal identification. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 138, §§ 11, 15; SDC Supp 1960, §§ 55.15A11, 55.9933; SDCL, § 23-6-18 ; SL 1978, ch 169, § 2.
S.D. Codified Laws § 23A-5-15 — SD Code / Title 23A / Chapter 5 / Section 23A-5-15
Evidence heard by grand jury--Order for production of evidence
Status: in_force

The rules of evidence shall apply to proceedings before the grand jury. A grand jury is not bound to hear evidence for a defendant, but it is its duty to weigh all the evidence submitted to it. When it has reason to believe that there is other evidence, it may order such evidence to be produced, and for that purpose the prosecuting attorney may issue process for the witnesses.

Source: SDC 1939 & Supp 1960, § 34.1225; SDCL, § 23-30-12; SL 1978, ch 178, § 55.
S.D. Codified Laws § 23A-42-3 — SD Code / Title 23A / Chapter 42 / Section 23A-42-3
Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery
Status: in_force

When the defendant is charged with forgery or theft, an action described in § 23A-42-2 shall be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years has elapsed at the time of prosecution, shall in all cases be pleaded and proven in the same manner as other elements of the offense.

Source: SL 1927, ch 91; SDC 1939 & Supp 1960, § 34.0703; SDCL, § 23-8-4; SL 1978, ch 178, § 502.
S.D. Codified Laws § 23A-20-10 — SD Code / Title 23A / Chapter 20 / Section 23A-20-10
Order of taking challenges for cause
Status: in_force

All challenges for cause to an individual juror must be taken, first by the defendant and then by the state, and each party must exhaust all his challenges for cause before the other begins.

If new jurors are called to the panel to replace jurors dismissed for cause, the procedure in this section shall be followed in exercising challenges for cause to the substituted jurors.

Source: SDC 1939 & Supp 1960, §§ 34.3622, 34.3623; SDCL, §§ 23-43-40, 23-43-42; SL 1978, ch 178, § 243; SL 1999, ch 283.
S.D. Codified Laws § 23A-44-8 — SD Code / Title 23A / Chapter 44 / Section 23A-44-8
(Rule 49(b)) Service on attorney for party--Service as in civil proceedings
Status: in_force

Whenever under this title or by a court order, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon an attorney or upon a party shall be made in the manner provided in § 15-6-5(b).

Source: SL 1978, ch 178, § 541.
S.D. Codified Laws § 23A-20-7 — SD Code / Title 23A / Chapter 20 / Section 23A-20-7
Oath of panel members
Status: in_force

All members of the panel shall swear or affirm that they will answer truthfully all questions concerning their qualifications by taking the following oath.

Do you swear or affirm that you will truthfully answer all questions asked of you by the court or counsel concerning your qualifications to sit as jurors on this case, so help you God?

Source: SL 1978, ch 178, § 239; SL 2007, ch 131, § 2.
S.D. Codified Laws § 23-3-31 — SD Code / Title 23 / Chapter 3 / Section 23-3-31
Commission membership compatible with other office
Status: in_force

Notwithstanding any provision of any statute, ordinance, local law, or charter provision to the contrary, membership on the commission shall not disqualify any member from holding any other public office or employment, or cause the forfeiture thereof.

Source: SL 1970, ch 145, § 3 (b).
S.D. Codified Laws § 23A-36-7 — SD Code / Title 23A / Chapter 36 / Section 23A-36-7
Hearing on obscenity of material seized--Return to owner if not obscene
Status: in_force

At a hearing pursuant to § 23A-36-6 , evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such additional hearing, the magistrate shall make a further determination of whether probable cause exists to believe that the matter is obscene or nonobscene. If at such hearing the magistrate finds that no probable cause exists to believe that the matter is obscene, then the matter shall be returned to the person or persons from whom it was seized.

Source: SL 1974, ch 165, § 13; SDCL Supp, § 22-24-47; SL 1978, ch 178, § 458.
S.D. Codified Laws § 23A-5-20 — SD Code / Title 23A / Chapter 5 / Section 23A-5-20
(Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors
Status: in_force

A grand jury shall serve until discharged by the court which convened it, but no grand jury may serve more than eighteen months. The tenure and powers of a grand jury are not affected by the beginning or expiration of a term of court. At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in place of the excused juror in the same manner as the original juror was impaneled.

Source: SDC 1939 & Supp 1960, § 34.1214; SDCL, § 23-29-14; SL 1978, ch 178, § 57.
S.D. Codified Laws § 23A-46-11 — SD Code / Title 23A / Chapter 46 / Section 23A-46-11
Recovery--Release procedure--Compliance with prescribed regimen as condition
Status: in_force

When the director of the facility in which a person is hospitalized pursuant to § 23A-46-10 determines that the person has recovered from his mental disease or defect to such an extent that his release 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 person, or on 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 or not he should be released. If, after the hearing, the court finds by a preponderance of the evidence that the person has recovered from his mental disease or defect to the 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 no longer 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 director of the facility in which he is committed 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 a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment.

Source: SL 1985, ch 192, § 27.
S.D. Codified Laws § 23A-24-8 — SD Code / Title 23A / Chapter 24 / Section 23A-24-8
Victim unable to attend trial or hearing--Selection of representative
Status: in_force

If a victim is unable to attend the trial or hearing or any portion of the trial or hearing due to death; disability; hardship; incapacity; physical, mental, or emotional condition or age, the victim, the victim's parent or guardian, or the victim's immediate family may select a representative to exercise the rights granted to the victim by §§ 19-19-615 , 23A-5-11 , and 23A-24-6 to 23A-24-9 , inclusive.

Source: SL 1986, ch 193, § 5; SL 2021, ch 108, § 1.
S.D. Codified Laws § 23A-43-22 — SD Code / Title 23A / Chapter 43 / Section 23A-43-22
(Rule 46(e)(2)) Setting aside forfeiture of bail
Status: in_force

A court may direct that a forfeiture be set aside, upon such conditions as it may impose, if it appears that justice does not require enforcement of the forfeiture.

Source: CCrimP 1877, § 559; CL 1887, § 7611; RCCrimP 1903, § 592; RC 1919, § 4602; SDC 1939 & Supp 1960, § 34.1809; SDCL, § 23-26-12; SL 1978, ch 178, § 523.
S.D. Codified Laws § 23A-10A-3 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-3
Hearing on mental condition--Mental examination and report
Status: in_force

At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be 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 proceeding against the defendant or to assist properly in the defendant's defense. Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of §§ 23A-46-1 and 23A-46-2 . The examination shall be completed within twenty-one days of the court order, unless for good cause the court grants a continuance. The hearing shall be conducted pursuant to the provisions of § 23A-46-3 .

Source: SL 1978, ch 175, § 4; SDCL Supp, § 23-38-2.1; SL 1985, ch 192, § 38; SL 1991, ch 199, § 4; SL 2017, ch 109, § 16.
S.D. Codified Laws § 23A-13-16 — SD Code / Title 23A / Chapter 13 / Section 23A-13-16
(Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record
Status: in_force

Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted, or deferred, or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.

Source: SL 1978, ch 178, § 173.
S.D. Codified Laws § 23-24-1 — SD Code / Title 23 / Chapter 24 / Section 23-24-1
Definition of terms
Status: in_force

Where appearing in this chapter, the term "Governor" includes any person performing the functions of Governor by authority of the law of this state. The term "executive authority" includes the Governor, and any person performing the functions of Governor in a state other than this state, and the term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.

Source: SDC 1939, § 34.1701; SL 1953, ch 200, § 1.
S.D. Codified Laws § 23A-35A-21 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-21
Exemptions from chapter
Status: in_force

The following is exempt from the provisions of this chapter:

(1) Wiretapping and eavesdropping pursuant to an ex parte order granted pursuant to § 23A-35A-6 ;

(2) The normal use of services, equipment, and facilities provided by a common carrier pursuant to tariffs on file with the Public Utilities Commission of the State of South Dakota or the federal communications commission;

(3) The normal functions of any operator of a switchboard;

(4) Any officer, agent, or employee of a communications common carrier engaged in the business of providing service, equipment, and facilities for communication who performs acts otherwise prohibited by this chapter in providing such communication services, equipment, and facilities or in constructing, maintaining, repairing, operating, or using same, including the obtaining of billing and accounting information, the protecting of the communication services, equipment, and facilities from illegal use in violation of tariffs on file with the corporation commission of this state or the federal communications commission and the protecting of the common carrier from the commission of fraud against it;

(5) The providing of requested information or other response to a subpoena or other order issued by a court of competent jurisdiction or on demand of other lawful authority; and

(6) Any officer, agent, or employee of a communications common carrier, or any common carrier, who provides information, facilities, or technical assistance to an investigative or law enforcement officer authorized to intercept or eavesdrop pursuant to an ex parte order granted pursuant to § 23A-35A-6 .

Source: SL 1980, ch 181, § 21; SL 1984, ch 12, § 18; SL 2017, ch 108, § 17.
S.D. Codified Laws § 23A-23-3 — SD Code / Title 23A / Chapter 23 / Section 23A-23-3
(Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required
Status: in_force

If a jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within ten days after the jury is discharged or within such further time as the court may fix during the ten - day period. If a verdict of guilty is returned a court may on such motion set aside the verdict and enter judgment of acquittal. If no verdict is returned a court may enter judgment of acquittal. In order to make such a motion it is not necessary to have made a similar motion prior to the submission of the case to the jury.

Source: SL 1978, ch 178, § 299.
S.D. Codified Laws § 23A-18-2 — SD Code / Title 23A / Chapter 18 / Section 23A-18-2
(Rule 23(b)) Number of jurors--Stipulation for smaller jury
Status: in_force

Juries shall consist of twelve members but at any time before verdict the parties may stipulate in writing or orally on the record with the approval of the court that the jury shall consist of any number less than twelve.

Source: SDC 1939 & Supp 1960, § 34.3607; SL 1963, ch 227; SDCL, § 23-43-20; SL 1978, ch 178, § 231.
S.D. Codified Laws § 23A-17-5 — SD Code / Title 23A / Chapter 17 / Section 23A-17-5
(Rule 21(a)) Change of county when fair trial impossible in original county
Status: in_force

A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county.

Source: SDC 1939 & Supp 1960, § 34.0817; SDCL, § 23-28-7 ; SL 1978, ch 178, § 225.
S.D. Codified Laws § 23A-46-12 — SD Code / Title 23A / Chapter 46 / Section 23A-46-12
Failure to comply with regimen--Notice--Arrest--Court determination
Status: in_force

The director of the medical facility responsible for administering the regimen imposed on a person conditionally discharged under § 23A-46-11 shall notify the prosecuting attorney and the court having jurisdiction over the person of any failure of the person to comply with the regimen. On such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with a prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another.

Source: SL 1985, ch 192, § 28.
S.D. Codified Laws § 23A-46-1 — SD Code / Title 23A / Chapter 46 / Section 23A-46-1
Conduct of psychiatric or psychological examination--Appointment of examiners--Additional examiners--Commitment for examination
Status: in_force

A psychiatric or psychological examination 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 conducted by:

(1) A licensed or certified psychiatrist;

(2) A licensed clinical psychologist;

(3) A certified social worker licensed for private independent practice with two years of supervised clinical experience in a mental health setting and with training on how to conduct and score competency evaluations;

(4) A certified nurse practitioner or clinical nurse specialist with current psychiatric certification and with training on how to conduct and score competency evaluations;

(5) A licensed professional counselor-mental health with training on how to conduct and score competency evaluations; or

(6) If the court finds it appropriate, by more than one examiner.

Each examiner shall be designated by the court, except that if the examination is ordered under § 23A-27-43 or 23A-46-9 , upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under § 23A-10-4 , 23A-10A-3 , 23A-26-12.1 , 23A-27-43 , or 23A-46-9 , the court may commit the person to be examined for a reasonable period to the custody of a suitable facility.

Source: SL 1985, ch 192, § 30; SL 2017, ch 109, § 18.
S.D. Codified Laws § 23A-25-10 — SD Code / Title 23A / Chapter 25 / Section 23A-25-10
Jury not discharged until verdict rendered--Exceptions
Status: in_force

Except as provided in § 23A-25-9 , a jury cannot be discharged after a case is submitted to it until its members have agreed upon their verdict and rendered it in open court, except by the consent of both parties entered on the record, or unless at the expiration of such time as the court deems proper, it satisfactorily appears that there is no reasonable probability that the jurors can agree.

Source: SDC 1939 & Supp 1960, § 34.3657; SDCL, § 23-43-49; SL 1978, ch 178, § 317.
S.D. Codified Laws § 23-24A-33 — SD Code / Title 23 / Chapter 24A / Section 23-24A-33
Agreement in force on enactment into law--Withdrawal by party state
Status: in_force

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

Source: SL 1972, ch 150, § 26.
S.D. Codified Laws § 23A-27-4 — SD Code / Title 23A / Chapter 27 / Section 23A-27-4
Contents of judgment--Imprisonment in state correctional facility--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined
Status: in_force

In felony and Class 1 misdemeanor cases, the judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the judgment is for imprisonment in a state correctional facility, the judgment of conviction shall include the defendant's name, the county of conviction, the judge, the prosecuting attorney, the defense attorney, the docket number, the South Dakota Codified Law citation of the crime, any crime qualifier and any habitual offender enhancement, the date of the offense, date of conviction, date of sentence, the sentence term, any suspended time, any jail time credit granted and, in the case of multiple crimes, if the sentences are to be served concurrently or consecutively. In addition, the judgment of conviction involving a sentence to a state correctional facility shall indicate if the state incarceration term is a condition of a suspended imposition or execution of sentence or condition of a term of probation as allowed under § 23A-27-18.1 . In the case of multiple convictions arising from different transactions, a separate judgment of conviction shall be entered for each conviction. If a defendant is found not guilty or for any other reason is entitled to be discharged, the judgment therefor shall be entered forthwith. Judgments of conviction shall be signed by the judge and filed with the clerk.

The term, crime qualifier, as used in this section means the offenses of accessory to a crime pursuant to § 22-3-5 ; aiding, abetting, or advising in planning or committing a crime pursuant to § 22-3-3 ; an attempt to commit a crime pursuant to § 22-4-1 ; conspiracy to commit an offense pursuant to § 22-3-8 ; or criminal solicitation pursuant to § 22-4A-1 .

Source: SDC 1939, § 34.3709; SL 1943, ch 129; SDCL § 23-48-14; SL 1978, ch 178, § 336; SL 1984, ch 180, § 1; SL 1987, ch 175; SL 2007, ch 150, § 1; SL 2023, ch 82, § 23.
S.D. Codified Laws § 23A-8-1 — SD Code / Title 23A / Chapter 8 / Section 23A-8-1
(Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings
Status: in_force

Except for those offenses triable under § 23A-4-2 , pleadings in criminal proceedings are the complaint, the indictment, and the information. The pleas are not guilty, not guilty and not guilty by reason of insanity, guilty but mentally ill, guilty, and nolo contendere. All other pleas and demurrers and motions to quash are abolished, and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by a motion to dismiss or to grant appropriate relief as provided in this title.

Source: SDC 1939 & Supp 1960, § 34.3006; SDCL, § 23-32-3; SL 1978, ch 178, § 107; SL 1983, ch 174, § 7.
S.D. Codified Laws § 23A-27-47.1 — SD Code / Title 23A / Chapter 27 / Section 23A-27-47.1
Motion to access court services records or testimony on court services records--Notice
Status: in_force

If, in connection with a judicial proceeding, a person not authorized by court order pursuant to § 23A-27-47 seeks confidential records prepared or maintained by a court services officer or testimony from a court services officer on the records, the person must file a motion with the court. The motion must state the issue to which the records or testimony is relevant, how the records or testimony is admissible, and the reason why the records or testimony cannot be obtained elsewhere. The motion must be served on the parties and the court services officer who prepared or maintained the records or whose testimony is being sought. The court shall set a hearing on the motion. The moving party shall comply with § 23A-41-4 .

Source: SL 2022, ch 74, § 2.
S.D. Codified Laws § 23-3-26 — SD Code / Title 23 / Chapter 3 / Section 23-3-26
Training of law enforcement officers--Findings and policy
Status: in_force

The Legislature finds that the administration of criminal justice is of state - wide concern, and that law enforcement work is important to the health, safety, and welfare of the people of this state and is of such a nature as to require education and training of a professional character. It is in the public interest that such education and training be made available to persons who seek to become law enforcement officers, persons who are serving as such officers in a temporary or probationary capacity, and persons already in regular service.

Source: SL 1970, ch 145, § 1.
S.D. Codified Laws § 23A-50-10 — SD Code / Title 23A / Chapter 50 / Section 23A-50-10
Rules regarding procedures for court-appointed defense attorney training
Status: in_force

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding procedures for court-appointed defense attorney training on mental illness.

Source: SL 2017, ch 109, § 26, eff. July 1, 2018.
S.D. Codified Laws § 23A-28A-9 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-9
Person not guilty as result of mental illness deemed convicted person
Status: in_force

For purposes of this chapter, a person determined to be not guilty as a result of the defense of mental illness or defect pursuant to chapter 23A-10 of the criminal procedure laws shall be deemed to be a convicted person.

Source: SL 1982, ch 184, § 7.
S.D. Codified Laws § 23-7-8.12 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.12
Renewal of regular concealed carry permit by deployed military service member
Status: in_force

If a South Dakota resident holds a regular concealed carry permit issued in accordance with § 23-7-7 , and is a member of a state National Guard unit, the Armed Forces of the United States, or the Armed Forces Reserves of the United States, and the holder's permit expires during an active duty military assignment or deployment outside the holder's state of residence, the holder may request a renewal form application from the Office of the Secretary of State. The secretary shall prescribe the contents of the application form and any accompanying materials. The application shall be accompanied by documentation of the deployment, including dates and location of the deployment if available for disclosure; an affidavit signed by the holder's commanding officer or unit commander attesting to the identity of the holder and the fact the holder is unable to return to the state to renew; and a copy of a current, valid, government-issued identification card with a photograph of the holder. The secretary shall specify the contents of the affidavit. The holder shall mail the application, containing original signatures in ink, to the sheriff in the holder's county of residence. The sheriff shall conduct the background investigation, including a computer check of available online records and the National Instant Criminal Background Check required under § 23-7-7 , within five days of receipt of the military application renewal form. The original signature of the applicant on the renewal form shall serve as the applicant's signature for the temporary permit.

Source: SL 2017, ch 101, § 1; SL 2018, ch 140, § 4.
S.D. Codified Laws § 23-1A-16 — SD Code / Title 23 / Chapter 1A / Section 23-1A-16
Relief from admission by appearing in court--Matter set for trial
Status: in_force

A person who has filed a stipulation under § 23-1A-12 may appear in court on the appearance date and the court may, on motion, with or without notice, for cause shown, relieve such person from the stipulation and the effects thereof, and set the matter for trial.

Source: SL 1977, ch 193, § 15.
S.D. Codified Laws § 23A-38-10 — SD Code / Title 23A / Chapter 38 / Section 23A-38-10
Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner defined
Status: in_force

If a prisoner is confined for contempt pursuant to § 23A-38-1 , 23A-38-2 , or 23A-38-5 for refusal, without just cause, to comply with an order to testify or provide other information in a proceeding before a court or grand jury, the period during which the prisoner remains in contempt may not be deemed service of the prisoner's sentence. The term "prisoner" as used in this section includes any person incarcerated for the purpose of serving a sentence after conviction of a criminal offense.

Source: SL 1988, ch 195.
S.D. Codified Laws § 23A-37-10 — SD Code / Title 23A / Chapter 37 / Section 23A-37-10
Sale or transfer of unclaimed property
Status: in_force

If there is no claimant or if the right to possession of seized property cannot be determined after a reasonable period of time, the law enforcement agency collecting such property, through an order of the court, may:

(1) Transfer ownership of the property to any governmental agency having a legitimate need for such property; or

(2) Sell the property and deliver the proceeds of the sale to the appropriate finance officer of the city, county, or state employing such law enforcement agency.

Source: SDC 1939 & Supp 1960, § 34.0604; SDCL, § 23-16-4; SL 1978, ch 178, § 470; SL 1982, ch 170, §§ 1 and 3; SL 2000, ch 113, § 1.
S.D. Codified Laws § 23-5C-2 — SD Code / Title 23 / Chapter 5C / Section 23-5C-2
Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Minor's consent--No impact on mandatory reporting--Release of sexual assault kit--Preservation of sexual assault kit
Status: in_force

A health care facility examining or treating a victim of rape or sexual assault shall give the victim, or a victim or witness assistant, the option of reporting the rape or sexual assault to an appropriate law enforcement agency. A health care facility may not require the victim to report the rape or sexual assault in order to receive an examination or treatment for the rape or sexual assault.

A minor age sixteen or older may consent to a sexual assault kit. This consent is not subject to disaffirmance because of minority or disaffirmance of a parent or guardian, and consent of a parent or guardian is not required under this section. A minor's refusal to consent has no impact on any applicable mandatory reporting obligation in law.

A health care facility that examines or treats a victim of rape or sexual assault with a sexual assault kit shall release the sexual assault kit to the investigating law enforcement agency, if known, or the law enforcement agency of the jurisdiction where the examination or treatment occurs in accordance with § 23-5C-3 . The health care facility shall inform the victim that the sexual assault kit will be preserved by law enforcement for a period of at least seven years from the date of the examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. Any examination or treatment under this section shall include the preservation of confidentiality of any test, procedure, or sample that may serve as evidence in the prosecution for the rape or sexual assault.

Source: SL 2016, ch 130, § 2; SL 2019, ch 112, § 1; SL 2020, ch 92, § 1; SL 2022, ch 68, § 1.
S.D. Codified Laws § 23-7-8.6 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.6
List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited
Status: in_force

No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol.

Source: SL 2005, ch 124, § 1; SL 2006, ch 133, § 2.
S.D. Codified Laws § 23A-48-22 — SD Code / Title 23A / Chapter 48 / Section 23A-48-22
Irrevocability of discharge credits--Sentencing court authority to modify probation
Status: in_force

Earned discharge credits are not revocable once awarded. However, nothing in §§ 23A-48-15 to 23A-48-22 , inclusive, limits the sentencing court's authority to modify the terms and conditions of probation.

Source: SL 2014, ch 257 (Supreme Court Rule 13-15 , § 8), eff. Jan. 1, 2014.
S.D. Codified Laws § 23A-28B-14 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-14
Amended application--Additional material
Status: in_force

A claimant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the department or the commission disposes of the original application. Any additional material filed pursuant to this section shall be considered to have been filed at the same time as the original application.

Source: SL 1991, ch 201, § 14.
S.D. Codified Laws § 23A-27A-22.4 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-22.4
Video tape record of psychiatric examination
Status: in_force

Upon written request of defense counsel, the court may order a video tape record made of the defendant's psychiatric examination conducted pursuant to § 23A-27A-22.1 . Either the prosecuting attorney or the defendant's counsel may request a copy of the video tape record. The video tape record shall be submitted to the court along with the psychiatric report, pursuant to § 23A-27A-22.3 .

Source: SL 2008, ch 117, § 13.
S.D. Codified Laws § 23A-27A-32.1 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-32.1
Execution of persons convicted before July 1, 2007--Choice of manner of execution
Status: in_force

Any person convicted of a capital offense or sentenced to death prior to July 1, 2007 may choose to be executed in the manner provided in § 23A-27A-32 or in the manner provided by South Dakota law at the time of the person's conviction or sentence. The person shall choose by indicating in writing to the secretary of corrections not less than seven days prior to the scheduled week of execution the manner of execution chosen. If the person fails or refuses to choose in the time provided under this section, then the person shall be executed as provided in § 23A-27A-32 .

Source: SL 2007, ch 151, § 2; SL 2023, ch 82, § 41.
S.D. Codified Laws § 23A-43-20 — SD Code / Title 23A / Chapter 43 / Section 23A-43-20
(Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety
Status: in_force

Every surety, except a corporate surety authorized by chapter 58-21 , shall justify by affidavit and may be required to describe in the affidavit the property by which he proposes to justify and the encumbrances on it, the number and amount of other bonds and undertakings for bail entered into by him and remaining undischarged and all his other liabilities. No bond shall be approved unless the surety or sureties, in the opinion of the judge, or magistrate authorized to admit to bail, are financially responsible in at least the amount of the bond. No practicing attorney shall be a surety on any bond.

Source: CCrimP 1877, § 555; CL 1887, § 7607; RCCrimP 1903, § 588; RC 1919, § 4598; SDC 1939 & Supp 1960, § 34.1805; SDCL, § 23-26-6; SL 1978, ch 178, § 521.
S.D. Codified Laws § 23A-14-26 — SD Code / Title 23A / Chapter 14 / Section 23A-14-26
Motions relating to subpoena--Hearing
Status: in_force

A motion relating to a subpoena may be made at any time prior to, during, or when appropriate, subsequent to the appearance of any witness before he testifies. Such motions shall be heard in chambers and on the record.

Source: SL 1978, ch 178, § 200.
S.D. Codified Laws § 23A-27-25.6 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.6
Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid
Status: in_force

If the sentence includes a fine, costs, or restitution, execution may issue thereon as a judgment against the convicted defendant in a civil action. Such a judgment is a lien and may be docketed and collected in the same manner. If the defendant is in default on payment, the levy or execution for the collection of the fine, costs, or restitution, do not discharge a defendant committed to imprisonment for contempt pursuant to this chapter until the amount due has actually been collected.

Source: SL 1989, ch 211, § 9.
S.D. Codified Laws § 23A-6-25 — SD Code / Title 23A / Chapter 6 / Section 23A-6-25
Election between offenses or counts not required--Separate statements in verdict
Status: in_force

The prosecuting attorney shall not be required to elect between different offenses or counts set forth in an indictment or information, but a defendant may be convicted of any number of offenses charged, and each offense upon which a defendant is convicted must be stated in the verdict.

Source: Supreme Court Rule 366, 1939; SDC 1939 & Supp 1960, § 34.3009; SDCL, § 23-32-7; SL 1978, ch 178, § 84.
S.D. Codified Laws § 23A-3-12 — SD Code / Title 23A / Chapter 3 / Section 23A-3-12
Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful
Status: in_force

If an arrest is made in this state by an officer of another state in accordance with the provisions of § 23A-3-9 or 23A-3-10 , the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit the person to bail for such purpose. If the magistrate determines that the arrest was unlawful the magistrate shall discharge the person arrested.

Source: SL 1939, ch 139, § 2; SDC Supp 1960, § 34.16B02; SDCL, §§ 23-23-5, 23-23-6; SL 1978, ch 178, § 24.
S.D. Codified Laws § 23A-49-15 — SD Code / Title 23A / Chapter 49 / Section 23A-49-15
Procedure in forfeiture proceedings involving real property or conveyances
Status: in_force

If property described in § 23A-49-1 or subdivision 34-20B-70(4) or 22-24A-15(4) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court of the county in which the property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, and state the property's location, the property's present custodian, the name of each owner if known, the name of each party in interest if known or of legal record, and allege the essential elements of the violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. The procedure governing the proceedings, except as provided by this section, shall be the same as that prescribed for civil proceedings by chapter 15-6 . Notice of forfeiture proceedings shall be given to each owner and party in interest whose right, title, or interest is of record as provided in § 23A-49-1 or to the Department of Revenue or the Division of Aeronautics or a similar department of another state if the records are maintained in that state by serving a copy of the summons and complaint upon each known owner and known party in interest in accordance with title 15.

Source: SL 2016, ch 138, § 15.
S.D. Codified Laws § 23A-27A-5 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-5
Written designation of aggravating circumstances required
Status: in_force

The jury, if its verdict is a recommendation of death, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. Upon the findings of the jury, the judge shall fix a sentence of death.

Source: SL 1979, ch 160, § 5.
S.D. Codified Laws § 23A-27-27 — SD Code / Title 23A / Chapter 27 / Section 23A-27-27
Fees and costs included in judgment for costs against defendant
Status: in_force

The statutory fees of the sheriff incurred in connection with the prosecution and witnesses' fees and mileage paid or ordered paid by the county including fees of witnesses, cost of transcripts, court appointed counsel fees, filing fees, breathalyzer test fees, blood test fees, and other chemical test fees may be included in the judgment for costs.

Source: SDC 1939, § 34.3709 as added by SL 1943, ch 129; SDCL, § 23-48-32; SL 1978, ch 178, § 369.
S.D. Codified Laws § 23-24-31 — SD Code / Title 23 / Chapter 24 / Section 23-24-31
Application for Governor's requisition--Verification--Accompanying documents
Status: in_force

An application under § 23-24-29 or 23-24-30 shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, Board of Pardons and Paroles, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he or it shall deem proper to be submitted with such application.

Source: SDC 1939, § 34.1722; SL 1953, ch 200, § 23; SDC Supp 1960, § 34.1722 (3).
S.D. Codified Laws § 23A-22-12 — SD Code / Title 23A / Chapter 22 / Section 23A-22-12
Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense
Status: in_force

Dying declarations are statements of material facts concerning the cause and circumstances constituting the res gestae of any felony made by the victim voluntarily while not mentally ill and under the fixed and solemn belief that his death is inevitable and near at hand.

In all prosecutions for manslaughter or murder, all dying declarations are always admissible in evidence, if the deceased would have been a competent witness if living.

All such declarations are also admissible in behalf of the defense.

Source: SDC 1939 & Supp 1960, § 34.3632; SDCL, § 23-44-4 ; SL 1975, ch 169, § 7; SL 1976, ch 324; SL 1978, ch 178, § 283.
S.D. Codified Laws § 23A-33-5 — SD Code / Title 23A / Chapter 33 / Section 23A-33-5
(Rule 38(a)(4)) Stay of order for probation
Status: in_force

An order placing a defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If an order is stayed the court shall fix the terms of the stay.

Source: SL 1978, ch 178, § 410.
S.D. Codified Laws § 23A-28-11 — SD Code / Title 23A / Chapter 28 / Section 23A-28-11
Community service restitution--Plan preparation, approval and modification--Recipients exempt from providing reemployment assistance and workers' compensation insurance and certain civil liability
Status: in_force

If the sentencing court orders 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 community service restitution, including the number of work hours to be performed, where the community service work is to be performed, and the time necessary for completion of the community service work. The plan of community service restitution shall be submitted promptly to the court. The court may enter an order approving the plan or modifying it. Any defendant sentenced to community service restitution is not an agent or employee of the recipients of these services. Any recipient of community service restitution, described in subdivision § 23A-28-2(1), does not have to provide the defendant with reemployment assistance insurance pursuant to Title 61 nor with workers' compensation insurance pursuant to Title 62. Recipients and their officers, agents, and employees are immune from any cause of action for civil damages brought by the defendant or any third party if the cause of action arises from any act of commission or omission by the recipient or any of its officers, agents, or employees or any act of commission or omission by the defendant and the acts arise out of or are in connection with a community service restitution plan, except when the cause of action is the result of gross negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees and except to the extent that the recipient has purchased liability insurance. Nothing in this section relieves individual defendants from responsibility for their individual acts.

Source: SL 1981, ch 191, § 2; SL 1986, ch 197; SL 2019, ch 216, § 28.
S.D. Codified Laws § 23A-27A-22.1 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-22.1
Hearings and examinations regarding mental competence of defendant--Change in circumstances
Status: in_force

If the warden notifies the sentencing court that a defendant under a sentence of death does not appear to be mentally competent to be executed, or if the prosecuting attorney or the defense attorney moves for a determination of whether the defendant is mentally competent to be executed, and the sentencing court determines that there is a substantial threshold showing of incompetence to be executed, the sentencing court shall conduct hearings and order mental examinations pursuant to this section and §§ 23A-27A-22.2 to 23A-27A-22.5 , inclusive. Prior to the date of the hearing, the court may order that a psychiatric examination of the defendant be conducted pursuant to § 23A-27A-22.2 , and that a psychiatric report be filed with the court, pursuant to § 23A-27A-22.3 . The state has the burden of proving the mental competence of the defendant by a preponderance of the evidence. A defendant is mentally competent to be executed if the defendant is aware of the impending execution and the reason for it. If the defendant has previously been determined to be competent to be executed under this chapter and there is a subsequent motion to the sentencing court that the defendant no longer appears to be mentally competent to be executed, there shall be a prima facie showing of a substantial change in circumstances raising a significant question of the defendant's competence to be executed before the sentencing court conducts any further hearing.

Source: SL 2008, ch 117, § 10.
S.D. Codified Laws § 23A-15-3 — SD Code / Title 23A / Chapter 15 / Section 23A-15-3
Verbal admissions at conference not used against defendant
Status: in_force

No admissions made by a defendant or his attorney at a conference shall be used against him unless the admissions are reduced to writing and signed by the defendant and his attorney.

Source: SL 1978, ch 178, § 204.
S.D. Codified Laws § 23-5-3 — SD Code / Title 23 / Chapter 5 / Section 23-5-3
Criminal records of inmates of penal institutions--Procuring and filing
Status: in_force

The attorney general shall procure and file for record the fingerprint impressions and other means of identification and statistical information of all persons contained in any workhouse, jail, reformatory, penitentiary, or other penal institutions, together with such other information as he may require from the law enforcement officers of the state and its subdivisions.

Source: SDC 1939, § 55.1606; SL 1966, ch 161, § 5.
S.D. Codified Laws § 23A-44-10 — SD Code / Title 23A / Chapter 44 / Section 23A-44-10
(Rule 49(d)) Filing with court of papers to be served--Filing as in civil proceedings
Status: in_force

Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in § 15-6-5(d).

Source: SL 1978, ch 178, § 543.
S.D. Codified Laws § 23A-45-13 — SD Code / Title 23A / Chapter 45 / Section 23A-45-13
(Rule 57(b)) Procedure not specifically prescribed by statute or rule
Status: in_force

If no procedure is specifically prescribed by statute or rule, a court may proceed in any lawful manner not inconsistent with this title or with any other applicable statute.

Source: SL 1978, ch 178, § 561.
S.D. Codified Laws § 23-5A-5.2 — SD Code / Title 23 / Chapter 5A / Section 23-5A-5.2
Adult arrested for qualifying offense required to provide DNA sample
Status: in_force

Any person eighteen years of age or older who is arrested for a qualifying offense shall provide a DNA sample upon booking or as determined by the supervising agency. If it is determined that the person's DNA sample is included in the State DNA Database, no additional sample is required.

Source: SL 2008, ch 114, § 1.
S.D. Codified Laws § 23A-14-18 — SD Code / Title 23A / Chapter 14 / Section 23A-14-18
Punishment for contempt by witnesses summoned for appearance in another state--Fees to which entitled
Status: in_force

A witness, who has been summoned pursuant to §§ 23A-14-15 to 23A-14-17 , inclusive, who has been paid or offered, by a properly authorized person, twenty - one cents for each mile by the ordinarily traveled route to and from the court where the prosecution is pending, twenty dollars for each day that he is required to travel and attend as a witness, and twenty - five dollars for each night he is required to remain away from his residence, and who fails without good cause to attend and testify as directed in the summons, shall be punished in the manner provided by § 23A-38-1 or 23A-38-2 .

Source: SDC 1939 & Supp 1960, § 34.2502; SDCL, § 23-40-18; SL 1978, ch 178, § 190; SL 1986, ch 169, § 2.
S.D. Codified Laws § 23-3-15.2 — SD Code / Title 23 / Chapter 3 / Section 23-3-15.2
Division cooperation with Indian tribes--Criminal history check--Procedure--Fee
Status: in_force

In order to determine the suitability of any applicant for or holder of a position listed in § 23-3-15.1 , the requesting Indian tribe shall submit the completed fingerprint cards of the applicant or position holder to the Division of Criminal Investigation for a national criminal history record check. The tribe, or, if required by the tribe, the applicant or position holder, must pay all processing fees required either by the Division of Criminal Investigation or the Federal Bureau of Investigation.

Source: SL 1998, ch 144, § 2; SL 2026, ch 111, § 2.
S.D. Codified Laws § 23A-27-25.4 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.4
Default in payment of fine or costs and restitution
Status: in_force

If a defendant sentenced to pay a fine, costs, or restitution, defaults in the timely payment thereof, the court may, upon its own motion or upon motion of the state's attorney, require the defendant to show cause why he should not be imprisoned or jailed for nonpayment. The court may issue a warrant of arrest, bench warrant, or order to show cause for the defendant's appearance.

Source: SL 1989, ch 211, § 7.
S.D. Codified Laws § 23-6-4 — SD Code / Title 23 / Chapter 6 / Section 23-6-4
Statistical information--Compilation by director--Misdemeanor
Status: in_force

The director shall collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey of the number and character of crimes committed in the state, the extent and character of delinquency, the operations of the police, prosecuting attorneys, courts and other public agencies of criminal justice, and the operations of penal and reformatory institutions, probation, parole, and other public agencies concerned with the punishment or treatment of criminal offenders. He shall include such information as may be useful in the study of crime and delinquency and the causes thereof, for the administration of criminal justice, and for the apprehension, punishment and treatment of criminal offenders. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 138, §§ 3, 15; SDC Supp 1960, §§ 55.15A03, 55.9933; SDCL, § 23-6-18 ; SL 1978, ch 169, § 2.
S.D. Codified Laws § 23A-27-52 — SD Code / Title 23A / Chapter 27 / Section 23A-27-52
Defendant serving in military or veteran
Status: in_force

If a defendant appears in court and pleads guilty or no contest to a crime punishable as a felony or Class 1 misdemeanor, the court shall inquire whether the defendant is currently serving in or is a veteran of, the United States Armed Forces. If the defendant is currently serving in the military or is a military veteran, the court may:

(1) Order that a court services officer consult with the United States Department of Veterans Affairs or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and

(2) Consider the treatment recommendations of any diagnosing or treating mental health or substance abuse professionals together with the treatment options available to the defendant in imposing sentence.

Source: SL 2013, ch 101, § 8.
S.D. Codified Laws § 23-7-8.4 — SD Code / Title 23 / Chapter 7 / Section 23-7-8.4
Revocation of permit--Procedure
Status: in_force

A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall immediately surrender the permit to the sheriff of the county in which he resides.

Source: SL 1985, ch 190, § 14.
S.D. Codified Laws § 23A-27A-3 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-3
Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury
Status: in_force

Upon the conclusion of the evidence, the judge shall give the jury appropriate instructions. After arguments of counsel, the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in § 23A-27A-1 , exist. The instructions as determined by the trial judge to be warranted by the evidence shall be given in his charge and in writing to the jury for its deliberation.

Source: SL 1979, ch 160, § 5; SL 1990, ch 175.
S.D. Codified Laws § 23A-35B-12 — SD Code / Title 23A / Chapter 35B / Section 23A-35B-12
Petition for release of test results--Hearing
Status: in_force

Any person who may have had sexual relations with or otherwise exchanged bodily fluids with the tested person may petition the court to receive the results of the HIV test. The petition shall state that the petitioner believes there was an exchange of blood, semen, or other bodily fluids with the tested person and shall state the factual basis for believing there was such an exchange. The court shall hold a hearing at which both the petitioner and the tested person may be present. If the court finds probable cause that there was an exchange of blood, semen, or other bodily fluids, the court may issue an order releasing the test results to the petitioner.

Source: SL 2012, ch 134, § 5.
S.D. Codified Laws § 23A-3-20 — SD Code / Title 23A / Chapter 3 / Section 23A-3-20
Citation of provisions on intrastate fresh pursuit
Status: in_force

Sections 23A-3-17 to 23A-3-19 , inclusive, may be called the "Uniform Law on Intrastate Fresh Pursuit."

Source: SL 1941, ch 153, § 5; SDC Supp 1960, § 34.16A01; SDCL, § 23-22-41; SL 1978, ch 178, § 35.
S.D. Codified Laws § 23-14-5 — SD Code / Title 23 / Chapter 14 / Section 23-14-5
Bystander as juror--Juror failing to appear
Status: in_force

If any juror fails to appear, the coroner shall cause the proper number to be summoned and returned from the bystanders and immediately proceed to impanel them.

Source: SDC 1939 & Supp 1960, § 34.1004.
S.D. Codified Laws § 23A-28B-4 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-4
Duties of commission
Status: in_force

The commission shall:

(1) Hear and determine claims for compensation as provided in § 23A-28B-32 ;

(2) Promulgate rules, pursuant to chapter 1-26 , governing conduct of hearings before the commission;

(3) Assist the department in publicizing the availability of and procedures for obtaining compensation pursuant to the provisions of this chapter; and

(4) Assist the department in developing, implementing, and evaluating effective crime victim compensation policies and procedures.

Source: SL 1991, ch 201, § 4; SL 1998, ch 150, § 1.
S.D. Codified Laws § 23-3-32 — SD Code / Title 23 / Chapter 3 / Section 23-3-32
Meetings of commission
Status: in_force

The commission shall hold no less than four regular meetings a year. Subject to the requirements of this section, the chairman shall fix the times and places of meetings, either on his own motion or upon written request of any five members of the commission.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SDCL, § 23-3-23; SL 1970, ch 145, § 3 (d).
S.D. Codified Laws § 23A-42-5 — SD Code / Title 23A / Chapter 42 / Section 23A-42-5
Tolling of limitation period while defendant out of state
Status: in_force

If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§ 23A-42-1 to 23A-42-3 , inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation.

Source: SDC 1939 & Supp 1960, § 34.0704; SDCL, § 23-8-6; SL 1978, ch 178, § 504.
S.D. Codified Laws § 23A-29-1 — SD Code / Title 23A / Chapter 29 / Section 23A-29-1
Time for motion for new trial--Rulings thereon--Extension of time
Status: in_force

A motion for new trial may be made under the same conditions specified and in the same manner as provided by § 15-6-59(b), except that said motion shall be served and filed not later than ten days after filing of the judgment.

Source: SDC 1939 & Supp 1960, §§ 34.4003, 34.4004; SDCL, §§ 23-50-3, 23-50-4; SL 1978, ch 178, § 377; SL 1987, ch 411 (Supreme Court Rule 86-37); SL 1988, ch 433 (Supreme Court Rule 87-14).
S.D. Codified Laws § 23-7-59.1 — SD Code / Title 23 / Chapter 7 / Section 23-7-59.1
Certified instructors--Actions of students--Liability limitation
Status: in_force

An instructor, certified in accordance with § 23-7-59 , is not liable for any personal injury, wrongful death, or damages, resulting from the conduct, acts, or omissions of a current or former student handling a firearm, unless the instructor, during the course of providing instruction, engaged in gross negligence or willful or wanton misconduct.

Source: SL 2023, ch 76, § 3.
S.D. Codified Laws § 23-6-11 — SD Code / Title 23 / Chapter 6 / Section 23-6-11
Access of director to public records--Misdemeanor
Status: in_force

Every person having custody or charge of public or official records or documents, from which information is sought for the purposes of this chapter, shall grant to the director, or to any person deputized by him, access thereto, for the purpose of obtaining such information. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 138, §§ 7, 15; SDC Supp 1960, §§ 55.15A07, 55.9933; SDCL, § 23-6-18 ; SL 1978, ch 169, § 2.
S.D. Codified Laws § 23A-35-13 — SD Code / Title 23A / Chapter 35 / Section 23A-35-13
(Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned
Status: in_force

A committing magistrate to whom a warrant is returned shall attach to the warrant a copy of the return, inventory, and all other papers in connection therewith and shall file them with the clerk of the circuit court for the county in which the property was seized.

Source: SDC 1939 & Supp 1960, § 34.1111; SDCL, § 23-15-20; SL 1978, ch 178, § 450.
S.D. Codified Laws § 23A-14-24 — SD Code / Title 23A / Chapter 14 / Section 23A-14-24
Punishment for contempt by witness summoned from another state
Status: in_force

If a witness described in § 23A-14-19 comes into this state and fails without good cause to attend and testify as directed in his summons, he shall be punished in the manner provided by § 23A-38-1 or 23A-38-2 .

Source: SDC 1939 & Supp 1960, § 34.2503; SDCL, § 23-40-22; SL 1978, ch 178, § 194.
S.D. Codified Laws § 23-6-6 — SD Code / Title 23 / Chapter 6 / Section 23-6-6
Classification of crimes and offenders--Promulgation by director--Misdemeanor
Status: in_force

The director shall promulgate classifications and shall prepare forms for the statistical classification of crimes, of offenders, of their punishment and treatment and of all other pertinent information, to conform, as far as practicable, with those promulgated by the appropriate agency in the United States Department of Justice, and by the Federal Bureau of the Census. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 138, §§ 4, 15; SDC Supp 1960, §§ 55.15A04, 55.9933; SDCL, § 23-6-18 ; SL 1978, ch 169, § 2.
S.D. Codified Laws § 23A-28A-7 — SD Code / Title 23A / Chapter 28A / Section 23A-28A-7
Acquittal of accused person--Payment of escrowed moneys
Status: in_force

Upon dismissal of charges or acquittal of any accused person the attorney general shall immediately pay over or satisfy to such accused person the moneys or other property in the escrow account established on behalf of such accused person.

Source: SL 1982, ch 184, § 5.
S.D. Codified Laws § 23-1A-12 — SD Code / Title 23 / Chapter 1A / Section 23-1A-12
Admission of other than traffic violation in lieu of court appearance--Filing with deposit
Status: in_force

A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for the hearing on the complaint, make a stipulation admitting the allegations in the complaint. Such admission shall be filed with the deposit specified in § 23-1A-13 . The admission and deposit shall be filed at the office of the clerk of courts in the county in which the complaint was issued by the last working day prior to the hearing. As used in this section, a working day is any day in which the clerk's office is actually open for the transaction of business.

Source: SL 1977, ch 193, § 10.
S.D. Codified Laws § 23A-27-25.5 — SD Code / Title 23A / Chapter 27 / Section 23A-27-25.5
Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served
Status: in_force

No defendant may be imprisoned or jailed for failure to pay a fine, costs, or restitution or have any suspended prison or jail sentence revoked without a prior hearing. At the hearing, the defendant has the burden of proof to establish to the reasonable satisfaction of the magistrate or circuit judge that the defendant did not willfully fail to pay the fine, costs, or restitution or that the defendant did make a bona fide effort to pay the fine, costs, or restitution.

Failure by the defendant to make such a showing is grounds for being imprisoned or jailed. If the sentence provided for payment of fine or costs only, the term of jail or imprisonment may be no longer than the number of days equal to the total amount of the fine or costs imposed divided by sixty. For purposes of making this computation, any fraction of less than one day shall be dropped from the term of imprisonment. In no event may such imprisonment for failure to pay the fine, costs, and restitution together with all other time served or to be served exceed the maximum allowed by statute.

If the defendant establishes that nonpayment was not willful or that the defendant did make a bona fide effort to pay, the defendant may not be imprisoned or jailed for nonpayment. The magistrate or circuit judge shall consider other alternatives which take into account the state's interest in punishment and deterrence.

The court shall make findings in its decision.

Source: SL 1989, ch 211, § 8; SL 2004, ch 163, § 1; SL 2010, ch 130, § 1.
S.D. Codified Laws § 23A-14-21 — SD Code / Title 23A / Chapter 14 / Section 23A-14-21
Duration of stay required of witness summoned from another state
Status: in_force

A witness who has appeared in accordance with the provisions of the summons shall not be required to remain in this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by a court.

Source: SL 1933, ch 205, § 2; SL 1937, ch 259, § 3; SDC 1939 & Supp 1960, § 34.2503; SDCL, § 23-40-21; SL 1978, ch 178, § 193.
S.D. Codified Laws § 23A-26-8 — SD Code / Title 23A / Chapter 26 / Section 23A-26-8
(Rule 31(c)) Conviction of included offense or attempt
Status: in_force

A defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if such attempt is an offense.

Source: SDC 1939 & Supp 1960, § 34.3669; SDCL, § 23-45-23; SL 1978, ch 178, § 327.
S.D. Codified Laws § 23-24-26 — SD Code / Title 23 / Chapter 24 / Section 23-24-26
Voluntary return without formality
Status: in_force

Nothing in § 23-24-24 or 23-24-25 shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.

Source: SL 1953, ch 200, § 25; SDC Supp 1960, § 34.1724.
S.D. Codified Laws § 23A-13-18 — SD Code / Title 23A / Chapter 13 / Section 23A-13-18
(Rule 16(e)) Discovery of alibi witnesses
Status: in_force

Discovery of alibi witnesses is governed by chapter 23A-9 .

Source: SL 1978, ch 178, § 176.
S.D. Codified Laws § 23-5A-7 — SD Code / Title 23 / Chapter 5A / Section 23-5A-7
Interjurisdictional provisions to provide DNA sample
Status: in_force

If the state accepts a person from another state under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the person is confined or released, the acceptance is conditional on the person providing a DNA sample if the person was convicted of an offense in any other jurisdiction which would be considered a qualifying offense as defined in § 23-5A-1 if committed in this state, or if the person was convicted of an equivalent offense in any other jurisdiction. The person shall provide the DNA sample in accordance with the rules of the custodial institution or supervising agency.

Source: SL 2003, ch 133, § 7.
S.D. Codified Laws § 23A-27A-6 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-6
Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition
Status: in_force

In nonjury cases the judge shall, after conducting the presentence hearing as provided in § 23A-27A-2 , designate, in writing, the aggravating circumstance or circumstances, if any, which he found beyond a reasonable doubt. Unless at least one of the statutory aggravating circumstances enumerated in § 23A-27A-1 is so found, the death penalty shall not be imposed.

Source: SL 1979, ch 160, § 6.
S.D. Codified Laws § 23A-35A-7 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-7
Contents of order
Status: in_force

Each order authorizing the interception of any wire, electronic, or oral communication shall specify:

(1) The identity of the person, if known, whose communications are to be intercepted;

(2) The nature and location of the communications facilities as to which, or the place where authority to intercept is granted;

(3) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

(4) The identity of the agency authorized to intercept the communications, and of the person authorizing the application;

(5) The period of time the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and

(6) That the authorization for wiretapping or eavesdropping be executed as soon as practicable; that the wiretapping or eavesdropping be conducted in such a way as to minimize interception of communications not otherwise subject to interception under this section; and that the wiretapping or eavesdropping shall terminate upon attainment of the authorized objective, or on the date specified, whichever comes first.

Source: SL 1980, ch 181, § 12; SL 2017, ch 108, § 7.
S.D. Codified Laws § 23A-37-11 — SD Code / Title 23A / Chapter 37 / Section 23A-37-11
Controlled substances exempt from chapter
Status: in_force

Chapter 34-20B is specifically exempted from this chapter.

Source: SL 1978, ch 178, § 471.
S.D. Codified Laws § 23A-28B-23 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-23
Conviction of person for criminal conduct not required for award of compensation
Status: in_force

An award of compensation may be made without regard to whether any person is prosecuted or convicted for the criminal conduct that is the basis of the award. Proof of conviction of a person whose conduct gives rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction or a petition for certiorari is pending, or a rehearing or new trial has been ordered. The department may suspend proceedings under this chapter for any period it deems appropriate on the grounds that a prosecution for the conduct giving rise to a claim has been commenced or is imminent.

Source: SL 1991, ch 201, § 23.
S.D. Codified Laws § 23-3-1 — SD Code / Title 23 / Chapter 3 / Section 23-3-1
Police in municipalities--Law governing--Size of force
Status: in_force

The organization and regulation of police in municipalities of this state are governed by the provisions of the Title 9, "Municipal Government" in this code.

The mayor or other officer having the direction of the police in a municipality must order a force sufficient to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace may be reasonably apprehended.

Source: SDC 1939 & Supp 1960, § 34.0103; SL 1992, ch 60, § 2.
S.D. Codified Laws § 23-5B-11 — SD Code / Title 23 / Chapter 5B / Section 23-5B-11
Match between DNA sample and other offense
Status: in_force

If the DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, and a comparison of the DNA sample of the petitioner results in a match between the DNA sample of the petitioner and another offense, the attorney general shall notify the appropriate agency and preserve the DNA sample of the petitioner.

Source: SL 2009, ch 120, § 11.
S.D. Codified Laws § 23-24B-3.2 — SD Code / Title 23 / Chapter 24B / Section 23-24B-3.2
Submission of documents to circuit judge--Warrant of arrest
Status: in_force

The attorney general shall submit the documents specified in § 23-24B-3 to any circuit court judge. If the judge decides that the extradition demand should be complied with, he shall issue a warrant of arrest directed to any law enforcement officer.

Source: SL 1978, ch 172, § 3.
S.D. Codified Laws § 23-5A-26 — SD Code / Title 23 / Chapter 5A / Section 23-5A-26
Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony
Status: in_force

Any person who knowingly or intentionally discloses any DNA record or the results of a forensic DNA analysis, to a person or agency other that one authorized to have access to such records under this chapter; or knowingly or intentionally uses or receives DNA records, or the results of a forensic DNA analysis, for purposes other than those authorized under this chapter; or knowingly or intentionally tampers or attempts to tamper with any DNA sample or the collection container without lawful authority, is guilty of a Class 5 felony.

Source: SL 2003, ch 133, § 26.
S.D. Codified Laws § 23-3-39 — SD Code / Title 23 / Chapter 3 / Section 23-3-39
Establishment and maintenance of training programs
Status: in_force

The commission shall establish and maintain law enforcement training programs through the tribal governments of the federally recognized Indian tribes and the agencies and institutions the commission may deem appropriate.

Source: SL 1970, ch 145, § 6 (a); SL 2018, ch 139, § 5.
S.D. Codified Laws § 23A-48-4 — SD Code / Title 23A / Chapter 48 / Section 23A-48-4
Graduated response grid for violation of conditions of probation
Status: in_force

Pursuant to § 16-22-13 , the Supreme Court hereby adopts the following graduated response grid and rules to guide court services officers in determining the appropriate response to a violation of conditions of probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding offenders accountable for their behavior and reinforcing positive behavior.

Source: SL 2014, ch 258 (Supreme Court Rule 13-16 , § 1), eff. Jan. 1, 2014.
S.D. Codified Laws § 23-5A-30 — SD Code / Title 23 / Chapter 5A / Section 23-5A-30
Expungement not required if certain other evidence would be destroyed
Status: in_force

The South Dakota State Forensic Laboratory is not required to destroy an item of physical evidence obtained from a sample if evidence relating to another person would thereby be destroyed.

Source: SL 2003, ch 133, § 30.
S.D. Codified Laws § 23A-14-14 — SD Code / Title 23A / Chapter 14 / Section 23A-14-14
Interstate summons of witnesses--Definition of terms
Status: in_force

Terms used in §§ 23A-14-14 to 23A-14-24 , inclusive, mean:

(1) "Witness," a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding;

(2) "State," any state or territory of the United States and the District of Columbia;

(3) "Summons," a summons, subpoena, order, or other notice requiring the appearance of a witness.

Source: SL 1937, ch 259, § 1; SDC 1939 & Supp 1960, § 34.2501; SDCL, § 23-40-14; SL 1978, ch 178, § 186.
S.D. Codified Laws § 23-3-28.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-28.1
Commission supported by attorney general's office
Status: in_force

The law enforcement officers standards commission shall be attached to the Office of the Attorney General and be provided with staff assistance and support from that office.

Source: SL 1973, ch 156, § 2.
S.D. Codified Laws § 23-7-59 — SD Code / Title 23 / Chapter 7 / Section 23-7-59
Use of force course--Standards--Promulgation of rules—Liability limitation
Status: in_force

The Division of Criminal Investigation shall, at least once every six months, offer a course that is focused on the use of force, including applicable state laws, and open to National Rifle Association certified pistol instructors.

The Division of Criminal Investigation shall develop the use of force course and promulgate rules, pursuant to chapter 1-26 , to:

(1) Establish course standards for instructors seeking the issuance of an initial certificate of completion;

(2) Establish course standards for instructors seeking the renewal of a certificate;

(3) Establish a course fee not to exceed one hundred fifty dollars; and

(4) Provide for implementation of the course.

The Division of Criminal Investigation is not liable to any person or the person's estate for any injury suffered, including wrongful death, or for any damages, because the division issued a certificate of completion under this section.

Source: SL 2015, ch 137, § 7; SL 2023, ch 75, § 1; SL 2023, ch 76, § 2.
S.D. Codified Laws § 23-1A-17 — SD Code / Title 23 / Chapter 1A / Section 23-1A-17
Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance
Status: in_force

If a defendant appears in court, personally or by his attorney, he shall be asked whether he admits or denies the commission of the offense alleged in the complaint. If he admits the commission of the alleged offense, the court shall accept his admission and enter a judgment against him for the amount established by § 23-1A-22 . If a defendant denies the allegations in a complaint, the case may be tried at that time. A jury trial may not be granted for petty offenses, but conduct for the trial of a petty offense shall otherwise be governed by the rules of civil procedure. If either the defendant or plaintiff requests a continuance, a court may set a later date for trial, which may not exceed thirty days from the date of the initial appearance. A defendant's request for a continuance may not be granted unless he deposits with the court a sum equal to the amount set by § 23-1A-22 .

Source: SL 1977, ch 193, § 16; SL 1980, ch 26, § 29; SL 1984, ch 12, § 14.
S.D. Codified Laws § 23A-14-5 — SD Code / Title 23A / Chapter 14 / Section 23A-14-5
(Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights
Status: in_force

A subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein. A court on motion made promptly may quash or modify a subpoena if compliance would be unreasonable or oppressive. A court may direct that books, papers, documents, or objects designated in a subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, or documents, or objects or portions thereof to be inspected by the parties and their attorneys.

Source: SL 1978, ch 178, § 180.
S.D. Codified Laws § 23-3-15.1 — SD Code / Title 23 / Chapter 3 / Section 23-3-15.1
Division cooperation with Indian tribes--Criminal history check--Certain positions
Status: in_force

The Division of Criminal Investigation may, upon the request of any Indian tribe, obtain national criminal history record information on any individual seeking to be or currently serving:

(1) As a member of the tribal council or a district council;

(2) As judge of the tribal court;

(3) On a tribal board or commission;

(4) As a tribal conservation officer;

(5) As an executive officer of a tribal commercial enterprise;

(6) As a faculty member or administrator of any tribal educational institution or program;

(7) With tribal child protection and youth program responsibilities, to the extent that the criminal history record information is not available through the Bureau of Indian Affairs by means of the Indian Child Protection and Family Violence Act;

(8) In a position working with tribal juvenile delinquents and offenders;

(9) As a tribal gaming licensee for whom criminal history background screening is not available through the National Indian Gaming Commission; and

(10) As a tribal foster parent or prospective adoptive parent.

Source: SL 1998, ch 144, § 1; SL 2026, ch 111, § 1.
S.D. Codified Laws § 23A-32-15 — SD Code / Title 23A / Chapter 32 / Section 23A-32-15
Time of taking appeal
Status: in_force

Except as provided in § 23A-32-4 , 23A-32-5 , or 23A-32-6 , any appeal other than from a judgment must be taken within thirty days after written notice of the filing of the order shall have been given to the party appealing. An appeal from the judgment must be taken within thirty days after the judgment is signed, attested, and filed.

The running of the time for filing a notice of appeal is terminated by a timely motion filed in the circuit court pursuant to § 23A-29-1 , and the full time for appeal fixed by this section commences to run and is to be computed from the attestation and filing of an order made pursuant to such motion or if the circuit court fails to take action on such motion or fails to enter an order extending the time for taking action on such motion within the time prescribed, then the date shall be computed from the date on which the time for action by the circuit court expires.

Source: SDC 1939, § 34.4104; SL 1943, ch 130; SL 1945, ch 148; SL 1961, ch 187; SDCL, § 23-51-6; SL 1976, ch 149, § 1; SL 1978, ch 178, § 393; SL 1987, ch 412 (Supreme Court Rule 86-38).
S.D. Codified Laws § 23A-3-4 — SD Code / Title 23A / Chapter 3 / Section 23A-3-4
Advice as to authority and cause of arrest without warrant
Status: in_force

When arresting a person without a warrant, the person making the arrest must inform the person to be arrested of his authority and the cause of the arrest, and require him to submit, except when the person to be arrested is engaged in the actual commission of an offense or when he is arrested on pursuit immediately after its commission.

Source: SDC 1939 & Supp 1960, §§ 34.1608, 34.1609; SDCL, §§ 23-22-9, 23-22-15; SL 1978, ch 178, § 17.
S.D. Codified Laws § 23A-20-14 — SD Code / Title 23A / Chapter 20 / Section 23A-20-14
Entry in minutes of challenge to individual juror
Status: in_force

A challenge to an individual juror may be oral, but must be entered upon the minutes of the court.

Source: SDC 1939 & Supp 1960, § 34.3620; SDCL, § 23-43-36; SL 1978, ch 178, § 240.
S.D. Codified Laws § 23A-32-13 — SD Code / Title 23A / Chapter 32 / Section 23A-32-13
Constitutional issue first raised on appeal
Status: in_force

The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court.

Source: SL 1971, ch 160; SDCL Supp, § 23-51-7.1; SL 1978, ch 178, § 391.
S.D. Codified Laws § 23A-43-11 — SD Code / Title 23A / Chapter 43 / Section 23A-43-11
Continuation of conditions to insure subjection to another court where charges pending--Transmittal of papers to other jurisdiction
Status: in_force

If at any time during the course of a prosecution it appears that a defendant who has been conditionally released is not subject to the jurisdiction of the court imposing such conditions, and it appears that he is subject to prosecution in another court, the committing magistrate or court that imposed such conditions shall, following the procedure specified in §§ 23A-43-2 and 23A-43-3 , continue such conditions of release, or alter them if necessary, in such manner as will insure that he, within such time as the committing magistrate or court shall specify, will render himself amenable to a warrant for his arrest from the proper court, and if not sooner arrested thereon, will go to the office of the sheriff of the county where the prosecution had been initiated, at a time specified in the order, to surrender himself upon the warrant if issued. The clerk of the court imposing such continued or altered conditions of release shall within ten days transmit all papers in the action filed with him, including bail if posted, to the prosecuting attorney of the proper jurisdiction.

Source: SL 1978, ch 178, § 508.
S.D. Codified Laws § 23-7-44 — SD Code / Title 23 / Chapter 7 / Section 23-7-44
Possession of pistols by minors prohibited--Misdemeanor
Status: in_force

No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.

Source: SL 1994, ch 172, § 1.
S.D. Codified Laws § 23A-28B-38 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-38
Privileged communications
Status: in_force

No privilege exists, except that privilege arising from the attorney - client relationship, with regard to communications or records relevant to an issue regarding the physical, mental, or emotional condition of a claimant or victim in a proceeding under this chapter if such condition is an element.

Source: SL 1991, ch 201, § 38.
S.D. Codified Laws § 23A-5-7 — SD Code / Title 23A / Chapter 5 / Section 23A-5-7
Oath of grand jurors
Status: in_force

The following oath shall be administered to the foreperson of the grand jury: Do you, as foreperson of the grand jury, swear or affirm that you will diligently inquire into and make indictments of all public offenses against the state about which you have or can obtain evidence and which were committed or are triable in this county; that you will keep confidential the deliberations, remarks and actions of the jury, the testimony of the witnesses, and the manner in which any member of the jury voted on any matter; that you will not act against any person because of malice, hatred or ill-will or fail to act on a charge because of fear, favor, affection, or anticipation of reward; and that in all of your indictments you will present only the truth to the best of your skill, knowledge and understanding, so help you God? The following oath shall be immediately administered to the other grand jurors: Having heard the oath taken by the foreperson, do you, and each of you, swear or affirm that you will act in accordance with the obligations of that oath in your role as a member of the grand jury, so help you God?

Source: SDC 1939 & Supp 1960, §§ 34.1210, 34.1211; SDCL §§ 23-29-10, 23-29-11; SL 1978, ch 178, § 49; SL 2007, ch 131, § 3.
S.D. Codified Laws § 23A-44-6 — SD Code / Title 23A / Chapter 44 / Section 23A-44-6
Trial in one county as bar to prosecution in another
Status: in_force

When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another.

Source: SDC 1939 & Supp 1960, § 34.0813; SDCL, § 23-2-13; SL 1978, ch 178, § 539.
S.D. Codified Laws § 23A-40-6 — SD Code / Title 23A / Chapter 40 / Section 23A-40-6
Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required
Status: in_force

In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation, the judge of the circuit court or the magistrate shall, upon the request of the defendant, assign, at any time following arrest or commencement of detention without formal charges, counsel for his representation, who shall appear for and defend the accused upon the charge against him, or take other proper legal action to protect the rights of the person detained without formal charge.

In each case, the indigent person, subject to the penalties for perjury, shall certify in writing or by other record such material factors relating to his ability to pay as the court prescribes.

Source: SDC 1939, §§ 34.1901, 34.3506; SL 1957, ch 182; SDCL, §§ 23-2-1, 23-35-11; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, § 492; SDCL Supp, § 23A-40-3 ; SL 1979, ch 159, § 33; SL 1983, ch 190, § 1.
S.D. Codified Laws § 23A-35A-15 — SD Code / Title 23A / Chapter 35A / Section 23A-35A-15
Disclosure of contents of intercepted communications among investigative or law enforcement officers
Status: in_force

Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from the contents, may disclose the contents to another investigative or law enforcement officer to the extent that a disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

Source: SL 1969, ch 158, § 5 (1); SDCL Supp, § 23-13A-6 ; SL 1980, ch 181, § 5; SL 2017, ch 108, § 11.
S.D. Codified Laws § 23-3-18 — SD Code / Title 23 / Chapter 3 / Section 23-3-18
Division as official agency to train law enforcement officers--Intra-departmental training encouraged
Status: in_force

In order to supplement the provisions of § 23-3-17 the Division of Criminal Investigation is hereby designated as the official agency to coordinate and administer the training of all law enforcement officers within this state. By such designation it is not the intention to interfere with or to abolish any intra-department training program sponsored by state, tribal governments, county, or local law enforcement agencies, but rather it is the intention to encourage intra-departmental training.

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161, § 2; SL 2018, ch 139, § 2.
S.D. Codified Laws § 23A-12-6 — SD Code / Title 23A / Chapter 12 / Section 23A-12-6
(Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used
Status: in_force

At a trial or any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:

(1) That a witness is dead;

(2) That the witness is out of the state, unless it appears that the absence of the witness was procured by the party offering the deposition;

(3) That the witness is unable to attend or testify because of sickness or infirmity; or

(4) That the witness is confined in jail or prison outside the state.

When a deposition has once been taken, it may be read in any stage of the same action and on any trial thereof. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered, and any party may offer other parts.

Source: SDC 1939 & Supp 1960, §§ 34.2606, 34.2704; SDCL, §§ 23-41-13, 23-41-20; SL 1978, ch 178, § 136.
S.D. Codified Laws § 23A-28B-28 — SD Code / Title 23A / Chapter 28B / Section 23A-28B-28
Claim for compensation--Department review--Order--Filing--Notice
Status: in_force

The department shall receive, review, and investigate any claim for victims' compensation that is properly filed. Following review and investigation, the department shall issue an order that includes:

(1) Findings of fact;

(2) The amount of compensation, if any, payable under the provisions of this chapter;

(3) The name of any person to whom compensation is payable;

(4) A notice that the claimant may request commission review of the order in accordance with § 23A-28B-32 ; and

(5) Any other information that the department deems necessary.

The department shall file the order with the commission and serve notice of the order by mailing, emailing, or hand-delivering a copy to the claimant.

Source: SL 1991, ch 201, § 28; SL 1998, ch 150, § 2; SL 2026, ch 113, § 1.
S.D. Codified Laws § 23-26A-1 — SD Code / Title 23 / Chapter 26A / Section 23-26A-1
Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate
Status: in_force

If a person who has been charged with a crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of his release, and is present in this state, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a warrant for the arrest of the person and an order authorizing his return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a committing magistrate of this state the following documents:

(1) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, and the status of the proceedings against him;

(2) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and

(3) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.

Source: SL 1978, ch 174, § 1.
S.D. Codified Laws § 23A-30-2 — SD Code / Title 23A / Chapter 30 / Section 23A-30-2
Effect of arrest of judgment
Status: in_force

The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment or information was filed.

Source: Supreme Court Rule 409, 1939; SDC 1939 & Supp 1960, § 34.3677; SDCL, § 23-47-2; SL 1978, ch 178, § 382.
S.D. Codified Laws § 23A-27A-14 — SD Code / Title 23A / Chapter 27A / Section 23A-27A-14
Life imprisonment when death penalty held unconstitutional
Status: in_force

In the event the death penalty for a Class A felony is held to be unconstitutional by the South Dakota Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a Class A felony shall have such person brought before the court, and the court shall sentence such person to life imprisonment.

Source: SL 1979, ch 160, § 16.
S.D. Codified Laws § 23A-38-1 — SD Code / Title 23A / Chapter 38 / Section 23A-38-1
(Rule 42(a)) Summary punishment of contempt in presence of court--Contents and signature of order--Maximum punishment
Status: in_force

Criminal contempt may be punished summarily if a judge or magistrate judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. An order of contempt shall recite the facts and shall be signed by the judge or magistrate judge and entered of record. Contempt prosecuted under this section shall be punishable by imprisonment of not more than thirty days in the county jail or a fine not exceeding one hundred dollars, or both.

Source: SL 1978, ch 178, § 472; SL 1979, ch 159, § 27.
S.D. Codified Laws § 23A-14A-2 — SD Code / Title 23A / Chapter 14A / Section 23A-14A-2
Summoning prisoner in this state to testify in another state--Certificate of out-of-state judge--Hearing
Status: in_force

Any judge of a state court of record in another state, which by its laws has made provisions for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify:

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

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

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

Upon presentation of the certificate to any judge having jurisdiction over the person confined or to any judge having jurisdiction in the location where the person is confined, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before the judge at the hearing.

Source: SL 2002, ch 119, § 2.
S.D. Codified Laws § 23-26A-7 — SD Code / Title 23 / Chapter 26A / Section 23-26A-7
Hearing and order for return to other state--Findings required
Status: in_force

The prosecuting attorney shall appear at the hearing and report to the committing magistrate the results of his investigation. If the committing magistrate finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of his release, the committing magistrate shall issue an order authorizing the return of the person to the custody of the demanding court, judge, or magistrate forthwith.

Source: SL 1978, ch 174, § 7.
S.D. Codified Laws § 23-24-27 — SD Code / Title 23 / Chapter 24 / Section 23-24-27
Nonwaiver by this state
Status: in_force

Nothing in this chapter contained shall be deemed to constitute a waiver by this state of its right, power, or privilege to try such demanded person for crime committed within this state, or of its right, power, or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever.

Source: SL 1953, ch 200, § 26; SDC Supp 1960, § 34.1725.
S.D. Codified Laws § 23A-27-18 — SD Code / Title 23A / Chapter 27 / Section 23A-27-18
Suspension of execution of sentence--Conditions
Status: in_force

Upon conviction, the sentencing court may suspend the execution of any sentence imposed during good behavior, subject to such conditions or restitutions as the court may impose. The suspension order or judgment can be made only by the court in which the conviction occurred. A defendant given a suspended execution of sentence shall remain under the jurisdiction of the court. A state incarceration sentence may be imposed as a condition of a suspended execution of sentence as authorized in § 23A-27-18.1 .

Source: SDC 1939, § 34.3708; SL 1939, ch 132; SL 1943, ch 128; SDCL § 23-57-5; SL 1978, ch 178, § 347; SL 1987, ch 177, § 2; SL 2010, ch 129, § 2; SL 2023, ch 82, § 25.
S.D. Codified Laws § 23A-44-3 — SD Code / Title 23A / Chapter 44 / Section 23A-44-3
Dismissal of charges for unnecessary delay in prosecution
Status: in_force

If there is unnecessary delay in presenting a charge to a grand jury or in filing an information against a defendant who has been held to answer to a circuit court, or if there is unnecessary delay in bringing a defendant to trial, a court may dismiss his indictment, information or complaint.

Source: SDC 1939 & Supp 1960, §§ 34.2201, 34.2202; SDCL, §§ 23-34-1, 23-34-2; SL 1978, ch 178, § 536.
S.D. Codified Laws § 23-1A-7 — SD Code / Title 23 / Chapter 1A / Section 23-1A-7
Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense
Status: in_force

A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10 . Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.

Source: SL 1977, ch 193, § 5; SL 1984, ch 12, § 17.
S.D. Codified Laws § 23A-14-17 — SD Code / Title 23A / Chapter 14 / Section 23A-14-17
Placement of witness in custody of officer from other state
Status: in_force

If the certificate described in § 23A-14-16 recommends that a witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge to whom the certificate is presented may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing. If the judge at the hearing is satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, he may in lieu of issuing a subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.

Source: SDC 1939 & Supp 1960, § 34.2502; SDCL, § 23-40-17; SL 1978, ch 178, § 189.
S.D. Codified Laws § 23-24A-3 — SD Code / Title 23 / Chapter 24A / Section 23-24A-3
Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance
Status: in_force

Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information, or complaint: provided that 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, § 3.
S.D. Codified Laws § 23A-27-49 — SD Code / Title 23A / Chapter 27 / Section 23A-27-49
Posthumous sentencing of certain defendants
Status: in_force

Upon the death of a defendant who has not been sentenced but who has entered a plea of guilty or nolo contendere or has been found guilty at trial, the court shall enter a judgment of conviction pursuant to § 23A-27-4 . Any sentence imposed shall be limited to restitution, court costs, and costs of prosecution.

Source: SL 2008, ch 116, § 1.
S.D. Codified Laws § 23-5C-3 — SD Code / Title 23 / Chapter 5C / Section 23-5C-3
Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected
Status: in_force

A health care facility shall assign a code number to a sexual assault kit, and provide the code number to the victim as well as information identifying the law enforcement agency where the kit will be stored. The health care facility shall maintain the code record for at least seven years from the date the health care facility examined or treated the victim or until the victim reaches the age of twenty-five, whichever is later. The health care facility may not affix to the sexual assault kit any information of the victim's identity other than the code number under this section. The law enforcement agency to which the health care facility releases the sexual assault kit under § 23-5C-2 shall retrieve the sexual assault kit, containing no identifying information of the victim other than the code number affixed by the health care facility, within seventy-two hours following the date on which the sexual assault kit is assigned a code number under this section. The health care facility shall coordinate the transfer of the sexual assault kit to the law enforcement agency in a manner designed to protect the victim's confidentiality and preserve the evidentiary integrity of the sexual assault kit. A law enforcement agency in possession of a sexual assault kit shall preserve the kit for at least seven years from the date of examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. If a victim, or a victim or witness assistant, exercises the option of reporting the rape or sexual assault to a law enforcement agency, the code number under this section shall be provided by the victim to the law enforcement agency where the kit is being stored and used to identify the appropriate sexual assault kit.

The confidentiality requirements under this section do not impact any applicable mandatory reporting obligation in law associated with abused or neglected minors.

Source: SL 2016, ch 130, § 3; SL 2019, ch 112, § 2; SL 2020, ch 92, § 2; SL 2022, ch 68, § 2.
S.D. Codified Laws § 23A-20-20 — SD Code / Title 23A / Chapter 20 / Section 23A-20-20
(Rule 24(b)) Number of peremptory challenges allowed
Status: in_force

If an offense charged is a Class A, Class B, Class C, or Class 1 felony, the prosecution and the defense each have twenty peremptory challenges. In all other felony cases, the prosecution and the defense each have ten peremptory challenges. In misdemeanor cases, the prosecution and the defense each have three peremptory challenges.

Source: SDC 1939 & Supp 1960, § 34.3616; SDCL § 23-43-28; SL 1978, ch 178, § 251; SL 1979, ch 159, § 13; SL 1981, ch 186, § 1; SL 2009, ch 124, § 1.
S.D. Codified Laws § 23-24A-23 — SD Code / Title 23 / Chapter 24A / Section 23-24A-23
Running of sentence during temporary custody--Good time earned
Status: in_force

During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

Source: SL 1972, ch 150, § 20.
S.D. Codified Laws § 23A-14-9 — SD Code / Title 23A / Chapter 14 / Section 23A-14-9
(Rule 17(f)(1)) Authority for subpoena for deposition
Status: in_force

An order to take a deposition authorizes the issuance by the clerk of the court for the circuit in which the deposition is to be taken of subpoenas for the persons named or described therein.

Source: SL 1978, ch 178, § 184.
S.D. Codified Laws § 23-5C-1 — SD Code / Title 23 / Chapter 5C / Section 23-5C-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Accredited laboratory," a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests;

(2) "DNA," deoxyribonucleic acid;

(3) "DNA record," the DNA identification information stored in the state DNA database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA analysis. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification analyses on an individual's DNA sample are also collectively referred to as the DNA profile of an individual;

(4) "Health care facility," any institution, sanitarium, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured; and

(5) "Sexual assault kit," a set of swabs, slides, envelopes, instructions, and forms specifically designed to collect and preserve physical evidence that can be used in a criminal sexual assault investigation.

Source: SL 2016, ch 130, § 1.
S.D. Codified Laws § 23-1A-8 — SD Code / Title 23 / Chapter 1A / Section 23-1A-8
Hearing within ten days specified in summons--Earlier date if requested--Place of hearing
Status: in_force

The petty offense summons shall specify a time for a hearing on the complaint, which shall be within ten days of its issuance. A defendant may request an earlier hearing. The hearing shall be before a judge or magistrate of the county in which the offense was committed, except as provided in § 23-1A-11 .

Source: SL 1977, ch 193, § 6.
S.D. Codified Laws § 23A-28C-9 — SD Code / Title 23A / Chapter 28C / Section 23A-28C-9
Notice to immediate family
Status: in_force

No person, other than in the performance of official duties, may disclose the identity and biographical information concerning a victim of a crime of violence or of a violation of § 22-22-7 until reasonable efforts have been made to provide notice to one of the immediate family.

Source: SL 1986, ch 178; SDCL § 22-1-12; SL 2005, ch 120, §§ 365, 366; SL 2014, ch 116, § 9.
S.D. Codified Laws § 23A-46-8 — SD Code / Title 23A / Chapter 46 / Section 23A-46-8
Notice that release of hospitalized person would create substantial risk--Stay of release
Status: in_force

If the director of a facility in which a person is hospitalized certifies that a person whose sentence is about to expire or who has been committed to the custody of the Human Services Center pursuant to § 23A-10A-4 , or against whom all criminal charges have been dismissed solely for the reasons 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, he shall transmit a certificate to that effect to the clerk of the court which had jurisdiction over the person. The clerk shall send a copy of the certificate to the person's counsel and to the prosecuting attorney. The court shall order a hearing to determine whether 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. A certificate filed under this section shall stay the release of the person pending completion of the procedures contained in §§ 23A-46-9 to 23A-46-13 , inclusive.

Source: SL 1985, ch 192, § 24.
S.D. Codified Laws § 23A-32-1 — SD Code / Title 23A / Chapter 32 / Section 23A-32-1
Transcript prepared when necessary to protect defendant's rights
Status: in_force

In any criminal action or proceeding in which the court deems it essential to the protection of the substantial rights of the defendant, it shall order such transcript and copies of the shorthand reporter's notes of the evidence and proceedings upon the trial as may be necessary properly to present a motion in arrest of judgment, an application for a new trial or to perfect an appeal to the Supreme Court to be furnished to defendant's counsel at the county's expense.

Source: SDC 1939 & Supp 1960, § 34.3903; SDCL, § 23-46-3; SL 1978, ch 178, § 401.
S.D. Codified Laws § 23A-46-10 — SD Code / Title 23A / Chapter 46 / Section 23A-46-10
Commitment--Finding
Status: in_force

If, after the hearing, the court finds by clear and convincing evidence that 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 court shall commit the person to the Human Services Center for treatment until the person's mental condition is such that his release or conditional release under a prescribed regimen of medical, psychiatric, 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, § 26.
S.D. Codified Laws § 23-24-25 — SD Code / Title 23 / Chapter 24 / Section 23-24-25
Consent to return to demanding state--Execution--Filing--Effect
Status: in_force

If and when consent under § 23-24-24 has been duly executed it shall forthwith be forwarded to the Office of the Governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.

Source: SL 1953, ch 200, § 25; SDC Supp 1960, § 34.1724.
S.D. Codified Laws § 23A-10A-6 — SD Code / Title 23A / Chapter 10A / Section 23A-10A-6
Rules governing competency proceedings
Status: in_force

The proceedings on the question of mental competency shall be conducted according to the rules of criminal procedure.

Source: SDC 1939 & Supp 1960, § 34.2003; SDCL, § 23-38-4; SL 1978, ch 175, § 6.