S.D. Codified Laws § 33-2-6 — SD Code / Title 33 / Chapter 2 / Section 33-2-6
Circumstances under which militia may be put in actual service
Status: in_force

The Governor may order out from time to time, for actual service, as many of the militia as necessary to execute the laws, preserve order, suppress insurrection, repel invasion, and provide disaster relief assistance.

Source: PolC 1877, ch 30, §§ 6, 7; SL 1887, ch 100, § 3; CL 1887, § 1919; RPolC 1903, § 2461; SL 1903, ch 185, §§ 4, 62; SL 1913, ch 267, § 4; SL 1917, ch 297, § 6; RC 1919, § 10553; SDC 1939, § 41.0105; SL 1949, ch 152; SL 2007, ch 187, § 16.
S.D. Codified Laws § 33-10-209 — SD Code / Title 33 / Chapter 10 / Section 33-10-209
Review by Supreme Court
Status: in_force

Any decision of a court-martial may be appealed to the South Dakota Supreme Court. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.

Source: SL 2012, ch 175, § 190.
S.D. Codified Laws § 33-10-56 — SD Code / Title 33 / Chapter 10 / Section 33-10-56
Suspension or mitigation of punishment
Status: in_force

The officer who imposes the punishment, or the successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may:

(1) Mitigate reduction in grade to forfeiture of pay;

(2) Mitigate arrest in quarters to restriction; or

(3) Mitigate extra duties to restriction.

No mitigated punishment may be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture may not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.

Source: SL 2012, ch 175, § 37.
S.D. Codified Laws § 33-10-123 — SD Code / Title 33 / Chapter 10 / Section 33-10-123
Challenges after additional members are detailed
Status: in_force

If any additional members are detailed to the court, and after any challenge for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to three peremptory challenges of members of the court; and such additional peremptory challenges as the military judge may grant for good cause against members not previously subject to peremptory challenge.

Source: SL 2012, ch 175, § 104.
S.D. Codified Laws § 33-9-7 — SD Code / Title 33 / Chapter 9 / Section 33-9-7
Accessories to disobedience--Misdemeanor
Status: in_force

Any person who advises or endeavors to persuade any officer or enlisted member of the National Guard to refuse or neglect to appear at such place or obey such orders is guilty of a Class 2 misdemeanor.

Source: SL 1903, ch 185, § 28; SL 1917, ch 297, § 38; RC 1919, § 10598; SDC 1939, § 41.9904; SL 1976, ch 158, § 43-6; SL 2023, ch 109, § 9.
S.D. Codified Laws § 33-10-45 — SD Code / Title 33 / Chapter 10 / Section 33-10-45
Punishment prohibited before trial
Status: in_force

No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person. The arrest or confinement imposed upon such person may not be any more rigorous than the circumstances required to insure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.

Source: SL 2012, ch 175, § 26.
S.D. Codified Laws § 33-12-18 — SD Code / Title 33 / Chapter 12 / Section 33-12-18
Report by disinterested officer respecting missing or destroyed property--Assessment of reasonable value and payment--Suit for recovery
Status: in_force

Any property of the state that is lost, stolen, damaged, or destroyed in the military service shall be acted upon by a disinterested inspector or officer, detailed as such, who shall make full investigation and report all the facts and circumstances of the case. If any person is found or deemed responsible for the loss or damage of the property, beyond reasonable wear and tear of the service, the inspector shall assess and fix a reasonable value on the property lost, damaged, or destroyed, and the person shall pay the sum so assessed into the treasury of the state. If the person fails or neglects to reimburse the state, suit may be entered in the name of the state in any court of competent jurisdiction for the recovery of the value of the property.

Source: SL 1887, ch 100, § 68; CL 1887, § 1948; SL 1903, ch 185, § 75; SL 1917, ch 297, § 76; RC 1919, § 10636; SDC 1939, § 41.0184; SL 1986, ch 272, § 13; SL 2007, ch 187, § 123.
S.D. Codified Laws § 33-10-99 — SD Code / Title 33 / Chapter 10 / Section 33-10-99
Exclusion of evidence
Status: in_force

No statement obtained from any person in violation of §§ 33-10-96 to 33-10-98 , inclusive, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against the person in a trial by court-martial.

Source: SL 2012, ch 175, § 80.
S.D. Codified Laws § 33A-2-4 — SD Code / Title 33A / Chapter 2 / Section 33A-2-4
Veterans affairs department special revenue fund established
Status: in_force

There is hereby established in the state treasury a "veterans affairs department special revenue fund." Said fund shall be used for the benefit of South Dakota veterans.

Source: SL 1967, ch 177; SL 2009, ch 161, § 1; SDCL 33-17-3 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-11-11 — SD Code / Title 33 / Chapter 11 / Section 33-11-11
Intoxicating beverages prohibited--Exceptions authorized
Status: in_force

The commanding officer at any encampment, parade, drill, muster, or other rendezvous of the national guard shall prohibit and prevent the sale or use of all alcoholic beverages within the limits of the encampment, parade grounds, or armory. However, the adjutant general may, as necessary for health, welfare, or morale activities, authorize open mess activities, and units of the national guard to engage in the sale, mixing, or consumption of alcoholic beverages at encampments, parade grounds, or armories if the sale is made in accordance with authority properly granted under Title 33.

Source: SL 1887, ch 100, § 39; CL 1887, § 1955; RPolC 1903, § 2493; SL 1903, ch 185, § 53; SL 1917, ch 297, § 81; RC 1919, § 10641; SDC 1939, § 41.0189; SL 1994, ch 270.
S.D. Codified Laws § 33-10-93 — SD Code / Title 33 / Chapter 10 / Section 33-10-93
Malfeasance of sheriff or marshal
Status: in_force

Refusal or neglect by the sheriff or marshal to execute any warrant required in § 33-10-91 or to return and pay all the money collected as fines subjects the offending sheriff or marshal to double the amount of such fines and penalties. The conversion to personal use of moneys so collected by any sheriff or marshal is theft and shall be prosecuted as such in any court of the state having jurisdiction in such cases.

Source: SL 2012, ch 175, § 74.
S.D. Codified Laws § 33-10-132 — SD Code / Title 33 / Chapter 10 / Section 33-10-132
Former jeopardy
Status: in_force

No person may, without the person's consent, be tried a second time for the same offense.

Source: SL 2012, ch 175, § 113.
S.D. Codified Laws § 33A-2-17 — SD Code / Title 33A / Chapter 2 / Section 33A-2-17
Amount of bonus for dependent of deceased veteran
Status: in_force

Such bonus shall be paid in the amount of five hundred dollars to dependents of each member of the armed forces who died as the result of wounds or injuries suffered or illness incurred in service that would have qualified for a bonus pursuant to § 33A-2-13 , regardless of the length of such service or regardless of whether or not such service was within or without the continental United States.

Source: SL 1969, ch 173, § 8; SL 1991, ch 268, § 4; SDCL § 33-17-24; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-136 — SD Code / Title 33 / Chapter 10 / Section 33-10-136
Finding upon guilty plea--Withdrawal of guilty plea
Status: in_force

With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.

Source: SL 2012, ch 175, § 117.
S.D. Codified Laws § 33-10-305 — SD Code / Title 33 / Chapter 10 / Section 33-10-305
Payment of fines--Disposition
Status: in_force

Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner:

(1) By cash or money order;

(2) By retention of any pay or allowances due or to become due the person fined from any state or the United States; or

(3) By garnishment or levy, together with costs, on the wages, goods, and chattels of a person delinquent in paying a fine, as provided by law.

Any sum so received or retained shall be deposited in the military justice fund or to whomever the court so directs.

Source: SL 2012, ch 175, § 286.
S.D. Codified Laws § 33A-2-33 — SD Code / Title 33A / Chapter 2 / Section 33A-2-33
Multiple bonuses
Status: in_force

Any veteran who is eligible for a bonus pursuant to § 33A-2-13 for service before December 31, 1992, and for service after January 1, 1993, may receive two separate bonuses. No single bonus may exceed five hundred dollars.

Source: SL 1992, ch 238, § 6; SL 2004, ch 225, § 5, eff. Mar. 9, 2004; § 33-17-38; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 9.
S.D. Codified Laws § 33A-1-24 — SD Code / Title 33A / Chapter 1 / Section 33A-1-24
Duties of county veterans service officer--Direction by department
Status: in_force

Each county veterans service officer shall provide, within the county or counties employing the officer, local contact between fieldmen of the Department of Veterans Affairs and persons in the armed service or those discharged from such service, and the dependents of such persons. The county veterans service officer works under the direction of the Department of Veterans Affairs.

Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 2007, ch 187, § 158; SDCL § 33-16-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011; SL 2015, ch 174, § 3, eff. Feb. 18, 2015; SL 2023, ch 111, § 6.
S.D. Codified Laws § 33-10-295 — SD Code / Title 33 / Chapter 10 / Section 33-10-295
Witnesses
Status: in_force

Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

Source: SL 2012, ch 175, § 276.
S.D. Codified Laws § 33A-2-5 — SD Code / Title 33A / Chapter 2 / Section 33A-2-5
Disbursements from fund
Status: in_force

Disbursements from the veterans affairs department special revenue fund shall be made by warrants drawn by the state auditor upon vouchers approved by the secretary of veterans affairs.

Source: SL 1967, ch 177; SDCL § 33-17-6 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-3-6 — SD Code / Title 33 / Chapter 3 / Section 33-3-6
Emergency mustering of National Guard
Status: in_force

The Governor may, in case of war, insurrection, invasion, riot, or imminent danger, increase the National Guard force beyond the maximum established by law and may organize and muster the additional forces with proper officers, as the exigency of the service requires and the President authorizes.

Source: SL 1887, ch 100, § 7; CL 1887, § 1923; RPolC 1903, § 2465; SL 1903, ch 185, § 19; SL 1913, ch 267, § 14; SL 1917, ch 297, § 16; RC 1919, § 10569; SDC 1939, § 41.0122; SL 2007, ch 187, § 23.
S.D. Codified Laws § 33-1-10.1 — SD Code / Title 33 / Chapter 1 / Section 33-1-10.1
Assistant adjutants general--Tour of duty--Reappointment
Status: in_force

Notwithstanding the provisions of § 33-1-14 , there shall be appointed an assistant adjutant general for the Army National Guard and Air National Guard of the State of South Dakota, as authorized by § 33-1-10 . The tour of duty of the assistants shall be as specified in the orders of the Governor with the consent of the Senate appointing the assistants, and may be for any period not to exceed two years. Assistant adjutants general are eligible for reappointment.

Source: SL 1969, ch 170; SL 1977, ch 269, § 2; SL 2007, ch 187, § 5.
S.D. Codified Laws § 33-10-296 — SD Code / Title 33 / Chapter 10 / Section 33-10-296
Findings--Opinions
Status: in_force

Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

Source: SL 2012, ch 175, § 277.
S.D. Codified Laws § 33-10-158 — SD Code / Title 33 / Chapter 10 / Section 33-10-158
Contents of record--Promulgation of rules
Status: in_force

A complete verbatim record of the proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction.

In all other court-martial cases, the record shall contain such matters as may be prescribed by rules promulgated pursuant to chapter 1-26 by the Adjutant General.

Source: SL 2012, ch 175, § 139; SL 2023, ch 109, § 14.
S.D. Codified Laws § 33-10-79 — SD Code / Title 33 / Chapter 10 / Section 33-10-79
Designation of military judge--Performance report prohibited
Status: in_force

The military judge of a general or special court-martial shall be designated by the senior force judge advocate which is the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority may prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.

Source: SL 2012, ch 175, § 60.
S.D. Codified Laws § 33-6-8 — SD Code / Title 33 / Chapter 6 / Section 33-6-8
Member tuition benefit--Application--Determination--Promulgation of rules
Status: in_force

Any individual desiring to use the benefits of § 33-6-5 , 33-6-5.1 , 33-6-6 , or 33-6-5.6 must apply to the Department of the Military. The adjutant general shall determine if the individual is entitled to the benefits of §§ 33-6-5 to 33-6-8 , inclusive. The adjutant general shall promulgate rules, pursuant to chapter 1-26 , establishing the application process, the procedures by which awards are determined, the records that must be maintained, and the procedure for an appeal.

Source: SL 1975, ch 147, § 4; SL 1985, ch 269, § 1; SL 1992, ch 234, § 2; SL 1997, ch 199, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 139, eff. Apr. 12, 2011; SL 2024, ch 123, § 4.
S.D. Codified Laws § 33A-2-12 — SD Code / Title 33A / Chapter 2 / Section 33A-2-12
Employees of department
Status: in_force

The secretary shall appoint such officers and employ such clerks, assistants, and other help as may be necessary, with utmost regard to existing veterans preference laws, and shall fix their bonds, salaries, and compensation.

Source: SL 1969, ch 173, § 4; SDCL § 33-17-19 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 153, eff. Apr. 12, 2011; SL 2011, ch 152, § 18.
S.D. Codified Laws § 33-10-222 — SD Code / Title 33 / Chapter 10 / Section 33-10-222
Restoration--Promulgation of rules
Status: in_force

Pursuant to rules as may be promulgated by the Adjutant General pursuant to chapter 1-26 , all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.

Source: SL 2012, ch 175, § 203; SL 2023, ch 109, § 19.
S.D. Codified Laws § 33-14-9 — SD Code / Title 33 / Chapter 14 / Section 33-14-9
Qualifications of members--Citizenship--Previous expulsion from military service
Status: in_force

No person may be commissioned or enlisted in the South Dakota State Guard who is not a citizen of the United States or who has been expelled or dishonorably discharged from any military or naval organization of this state, or of another state, or of the United States.

Source: SL 1941, ch 174, § 9; SDC Supp 1960, § 41.01B09; SL 2007, ch 187, § 144.
S.D. Codified Laws § 33-10-53 — SD Code / Title 33 / Chapter 10 / Section 33-10-53
Forms of punishment by Governor, adjutant general, or certain other officers
Status: in_force

The Governor, the adjutant general, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose:

(1) Upon officers of the officer's command:

(a) Any punishment authorized in subdivisions 33-10-52(1), (2), (3), and (6); and

(b) Arrest in quarters for not more than thirty days which need not be consecutive; and

(2) Upon enlisted members of the officer's command, any punishment authorized in § 33-10-52 .

Source: SL 2012, ch 175, § 34.
S.D. Codified Laws § 33-10-257 — SD Code / Title 33 / Chapter 10 / Section 33-10-257
Disrespect toward superior commissioned officer
Status: in_force

Any person subject to this code who behaves with disrespect toward the person's superior commissioned officer shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 238.
S.D. Codified Laws § 33-10-301 — SD Code / Title 33 / Chapter 10 / Section 33-10-301
Complaint of wrong
Status: in_force

Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and shall, as soon as possible, send to the adjutant general a true statement of that complaint, with the proceedings had thereon.

Source: SL 2012, ch 175, § 282.
S.D. Codified Laws § 33-10-291 — SD Code / Title 33 / Chapter 10 / Section 33-10-291
Members of court--Counsel
Status: in_force

A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

Source: SL 2012, ch 175, § 272.
S.D. Codified Laws § 33-10-190 — SD Code / Title 33 / Chapter 10 / Section 33-10-190
Proceeding in revision or rehearing
Status: in_force

The convening authority or other person taking action pursuant to this code, in the person's sole discretion, may order a proceeding in revision or a rehearing.

Source: SL 2012, ch 175, § 171.
S.D. Codified Laws § 33-10-116 — SD Code / Title 33 / Chapter 10 / Section 33-10-116
Sessions without presence of court-martial members--Record
Status: in_force

At any time after the service of charges that have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to § 33-10-109 , call the court into session without the presence of the members for the purpose of:

(1) Hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty;

(2) Hearing and ruling upon any matter that may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;

(3) Holding the arraignment and receiving the pleas of the accused; and

(4) Performing any other procedural function that does not require the presence of the members of the court under this code.

These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of court members and without regard to § 33-10-91 .

Source: SL 2012, ch 175, § 97.
S.D. Codified Laws § 33-1-13 — SD Code / Title 33 / Chapter 1 / Section 33-1-13
Staff sections and administrative assistants
Status: in_force

The Department of the Military shall include such staff sections and administrative assistants as may be necessary for the proper administration of the department in conformity with current state and federal laws and regulations.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-5-6 — SD Code / Title 33A / Chapter 5 / Section 33A-5-6
Appropriation for expenses
Status: in_force

There is hereby annually appropriated out of the money in the state treasury a sum sufficient to carry out the provisions of §§ 33A-5-2 to 33A-5-5 , inclusive.

Source: SL 1887, ch 151, § 5; CL 1887, § 2473; RPolC 1903, § 3241; RC 1919, § 9967; SDC 1939, § 41.0305; § 33-19-7; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 23.
S.D. Codified Laws § 33-10-70 — SD Code / Title 33 / Chapter 10 / Section 33-10-70
Commissioned officer service on courts-martial
Status: in_force

Any commissioned officer of the state military forces may serve on all courts-martial for the trial of any person subject to this code.

Source: SL 2012, ch 175, § 51.
S.D. Codified Laws § 33A-2-40 — SD Code / Title 33A / Chapter 2 / Section 33A-2-40
Background check requirement
Status: in_force

Before a person may be authorized to access veterans’ medical or financial information, the person must submit to and pass a background check. The background check must be conducted by a reputable source and include identity verification and a criminal records check.

Source: SL 2025, ch 133, § 4.
S.D. Codified Laws § 33-10-159 — SD Code / Title 33 / Chapter 10 / Section 33-10-159
Records of summary court-martial--Promulgation of rules
Status: in_force

Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated in the manner as may be prescribed by rules promulgated pursuant to chapter 1-26 by the Adjutant General.

Source: SL 2012, ch 175, § 140; SL 2023, ch 109, § 15.
S.D. Codified Laws § 33-10-200 — SD Code / Title 33 / Chapter 10 / Section 33-10-200
Rehearings
Status: in_force

Each rehearing under this code shall take place before a court-martial composed of members not members of the court-martial that first heard the case. Upon a rehearing the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based, or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.

Source: SL 2012, ch 175, § 181.
S.D. Codified Laws § 33-10-121 — SD Code / Title 33 / Chapter 10 / Section 33-10-121
Peremptory challenges
Status: in_force

Each accused and the trial counsel are entitled initially to three peremptory challenges of members of the court; and such additional peremptory challenges as the military judge may grant for good cause. No military judge may be challenged except for cause.

Source: SL 2012, ch 175, § 102.
S.D. Codified Laws § 33-10-46 — SD Code / Title 33 / Chapter 10 / Section 33-10-46
Delivery of offenders to civil authorities
Status: in_force

A person subject to this code accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement.

Source: SL 2012, ch 175, § 27.
S.D. Codified Laws § 33-10-92 — SD Code / Title 33 / Chapter 10 / Section 33-10-92
Compensation of marshal
Status: in_force

Every marshal appointed to a military court shall be allowed the same fees and mileage allowed sheriffs for their duties in criminal cases as provided in § 7-12-18 , the same to be paid on the certificate of the president of the court or presiding judge as to number of days employed and other duties performed. No marshal may receive any fees from the person served.

Source: SL 2012, ch 175, § 73.
S.D. Codified Laws § 33A-4-15 — SD Code / Title 33A / Chapter 4 / Section 33A-4-15
Payment of maintenance charges during lifetime--Disposition of receipts
Status: in_force

Any resident or former resident of the State Veterans Home may pay the home in advance of death the full maintenance charge for each month the resident was in the home, retroactive from the date of admission with proper credits allowed for any payments made towards the monthly maintenance charge, but such credits not to include any allowances of the state government, notwithstanding the provisions found in §§ 33A-4-18 and 33A-4-19 , and such monies received from the resident or former resident shall go to the capital fund of the home for repairs, equipment, improvements, or construction.

Source: SL 1977, ch 274; SL 1987, ch 250, § 1; § 33-18-12.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 16.
S.D. Codified Laws § 33-10-166 — SD Code / Title 33 / Chapter 10 / Section 33-10-166
Deferment of sentence to confinement--Rescission
Status: in_force

On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

Source: SL 2012, ch 175, § 147.
S.D. Codified Laws § 33-10-228 — SD Code / Title 33 / Chapter 10 / Section 33-10-228
Action in accordance with statute applicable to persons incompetent to stand trial
Status: in_force

The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial. If at the end of the period for hospitalization provided for in the state statute applicable to persons incompetent to stand trial, it is determined that the committed person's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with the state statute applicable to persons incompetent to stand trial.

Source: SL 2012, ch 175, § 209.
S.D. Codified Laws § 33-10-308 — SD Code / Title 33 / Chapter 10 / Section 33-10-308
Short title
Status: in_force

This chapter may be cited as the Uniform State Code of Military Justice (USCMJ).

Source: SL 2012, ch 175, § 289.
S.D. Codified Laws § 33-12-27 — SD Code / Title 33 / Chapter 12 / Section 33-12-27
Military claims--Audit by adjutant general--Authorization of subordinate officers to purchase necessities--Statement to adjutant general
Status: in_force

The adjutant general shall audit and pass upon all claims of military character against the state, and no military contract against the state is valid or may be paid until approved by the adjutant general, except such as are contracted by the Governor. In extreme emergencies, however, the commanding officer of any organization or detachment of the National Guard, ordered into active service of the state, may purchase necessities for the immediate use and care of the officer's command. A report of the purchases containing a statement of the articles purchased and the price shall be made as soon as possible through the proper channels to the adjutant general. Upon the adjutant general's approval of the report, the purchases shall be paid out of any funds in the state treasury not otherwise appropriated.

Source: SL 1917, ch 297, § 11; RC 1919, § 10563; SL 1919, ch 256; SDC 1939, § 41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, § 131.
S.D. Codified Laws § 33-11-4 — SD Code / Title 33 / Chapter 11 / Section 33-11-4
Use of buildings in cooperation with public agencies
Status: in_force

The buildings referred to in § 33-11-3 shall be suitable for use as armories or other facilities by the National Guard. The buildings shall also be suitable for use by a cooperating public corporation or agency for the same purposes as a building that the corporation or agency is authorized by law to construct for its own exclusive use and shall be used for such purposes.

Source: SL 1949, ch 159, § 2; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (3); SL 2007, ch 187, § 101.
S.D. Codified Laws § 33-10-224 — SD Code / Title 33 / Chapter 10 / Section 33-10-224
Reappointment of commissioned officer
Status: in_force

If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may substitute a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had the officer not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

Source: SL 2012, ch 175, § 205.
S.D. Codified Laws § 33-10-49 — SD Code / Title 33 / Chapter 10 / Section 33-10-49
Arrest or confinement for disobedience or disruption--Trespassers
Status: in_force

The commanding officer at any encampment, parade, drill, muster, annual training, or other rendezvous of the National Guard may order subordinates to perform any lawful military duty. The commanding officer may place in arrest during the time of such meeting, and confine under guard, if necessary, any officer or enlisted member who disobeys the orders of a superior officer or in any way interrupts the training or exercises. The commanding officer may remove any other person who trespasses on the parade ground or armory, or in any way interrupts the orderly discharge of duty of any National Guard member.

Source: SL 2012, ch 175, § 30.
S.D. Codified Laws § 33-10-260 — SD Code / Title 33 / Chapter 10 / Section 33-10-260
Failure to obey order or regulation
Status: in_force

Any person subject to this code who:

(1) Violates or fails to obey any lawful general order or regulation;

(2) Having knowledge of any other lawful order issued by a member of the state military forces, which it is the person's duty to obey, fails to obey the order; or

(3) Is derelict in the performance of the person's duties;

Source: SL 2012, ch 175, § 241.
S.D. Codified Laws § 33-11-6 — SD Code / Title 33 / Chapter 11 / Section 33-11-6
Donations to aid in providing facilities
Status: in_force

The Department of the Military may receive from counties, school districts, municipalities, or other sources, donations of land or contributions of money, buildings, or other property to aid in providing or erecting armories and other facilities throughout the state for the use of the National Guard. The property shall be held as other property for the use of the state.

Source: SL 1917, ch 297, § 89; RC 1919, § 10649; SDC 1939, § 41.0196; SL 1951, ch 209; SL 2006, ch 174, § 1; SL 2007, ch 187, § 102; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.
S.D. Codified Laws § 33-1-21 — SD Code / Title 33 / Chapter 1 / Section 33-1-21
Federally designated holidays to be observed
Status: in_force

With the approval of the adjutant general all military and civilian employees of the Department of the Military shall observe the holidays designated by the federal government in lieu of the enumerated holidays in § 1-5-1 .

Source: SL 1969, ch 172, § 1; SL 2007, ch 187, § 10; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-2-11 — SD Code / Title 33A / Chapter 2 / Section 33A-2-11
Bonus board abolished--Performance of functions
Status: in_force

The Veterans' Bonus Board is abolished, and all its functions shall be administered by the Department of Veterans Affairs.

Source: SL 1973, ch 2 (Ex. Ord. 73-1), § 274; SDCL § 33-17-17.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 17; SL 2020, ch 140, § 5.
S.D. Codified Laws § 33-1-12 — SD Code / Title 33 / Chapter 1 / Section 33-1-12
Adjutant general as general supervisor of department--Staff assistants
Status: in_force

The adjutant general has general supervision and control of the Department of the Military subject to the orders and instructions of the Governor. The adjutant general may have such staff assistants in the several divisions named in this chapter as the adjutant general recommends and the Governor deems necessary for economical administration.

Source: SL 1903, ch 185, § 5; SL 1913, ch 267, § 5; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2007, ch 187, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-2-25 — SD Code / Title 33A / Chapter 2 / Section 33A-2-25
Promulgation of rules for payment of bonus
Status: in_force

The Department of Veterans Affairs shall promulgate rules, pursuant to chapter 1-26 , to define and provide for eligibility criteria, administration, and method of payment of the bonus created pursuant to the provisions of §§ 33A-2-10 to 33A-2-33 , inclusive.

Source: SL 1969, ch 173, § 5; SL 1992, ch 238, § 10; SL 1993, ch 243, § 3; SL 2004, ch 225, § 6, eff. Mar. 9, 2004; SL 2007, ch 187, § 179; SDCL § 33-17-30; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2015, ch 174, § 5, eff. Feb. 18, 2015.
S.D. Codified Laws § 33-10-143 — SD Code / Title 33 / Chapter 10 / Section 33-10-143
Officers before whom deposition taken
Status: in_force

A deposition may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.

Source: SL 2012, ch 175, § 124.
S.D. Codified Laws § 33-3-15 — SD Code / Title 33 / Chapter 3 / Section 33-3-15
Duty of other officers and enlisted men--Preservation of property
Status: in_force

All commissioned officers and enlisted men of the national guard shall be responsible to their immediate commanding officers for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the state or of the United States, or of the organization, in their possession.

Source: SL 1913, ch 267, § 35; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1.
S.D. Codified Laws § 33-10-41 — SD Code / Title 33 / Chapter 10 / Section 33-10-41
Place of confinement
Status: in_force

If a person subject to this code is confined before, during, or after trial, confinement may be in a civilian or military confinement facility.

Source: SL 2012, ch 175, § 22.
S.D. Codified Laws § 33-10-287 — SD Code / Title 33 / Chapter 10 / Section 33-10-287
Frauds against the government
Status: in_force

Any person subject to this code:

(1) Who, knowing it to be false or fraudulent:

(a) Makes any claim against the United States, the state, or any officer thereof; or

(b) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the state, or any officer thereof;

(2) Who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof:

(a) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;

(b) Makes any oath, affirmation or certification to any fact or to any writing or other paper knowing the oath, affirmation or certification to be false; or

(c) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;

(3) Who, having charge, possession, custody, or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person receives a certificate or receipt; or

(4) Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state;

Source: SL 2012, ch 175, § 268.
S.D. Codified Laws § 33-7-6 — SD Code / Title 33 / Chapter 7 / Section 33-7-6
Reimbursement for certain expenses--Use of transportation assets for military purposes
Status: in_force

Any member of the National Guard performing state active duty shall be reimbursed for all necessary expenses pursuant to § 3-9-2 . For purposes of this section, necessary expenses include costs of transportation to and from a duty location as directed, subsistence, quarters, and uniform maintenance or replacement.

The adjutant general, on approval of the Governor, may authorize the use of state transportation assets at the adjutant general's disposal for the use of the National Guard on state active duty or to support military schools of instruction, investigations, boards of survey, inspections, annual conventions of the officers and enlisted association of the National Guard, or any other uses deemed necessary for military purposes.

Source: SL 1887, ch 100, § 61; CL 1887, § 1977; RPolC 1903, § 2514; SL 1903, ch 185, §§ 37, 42; SL 1917, ch 297, § 40; RC 1919, § 10600; SDC 1939, § 41.0151; SL 1986, ch 27, § 22; SL 2007, ch 187, § 67.
S.D. Codified Laws § 33-10-21 — SD Code / Title 33 / Chapter 10 / Section 33-10-21
Persons subject to this code
Status: in_force

This code applies at all times to all members of the state military forces and all other military forces attached or assigned thereto.

Source: SL 2012, ch 175, § 2.
S.D. Codified Laws § 33-10-94 — SD Code / Title 33 / Chapter 10 / Section 33-10-94
Immunity of court members
Status: in_force

No action may be maintained against any member of a military court on account of the imposition of a fine or penalty, or for the execution of a sentence on any person, if the person has been returned as delinquent and duly summoned before the court, or has appeared before the court to answer the charge made against the person.

Source: SL 2012, ch 175, § 75.
S.D. Codified Laws § 33-3-2 — SD Code / Title 33 / Chapter 3 / Section 33-3-2
Personnel comprising National Guard
Status: in_force

The National Guard shall be organized, armed, and equipped as provided in this title and shall consist of the following:

(1) The members of the regularly enlisted militia who are within the age limits authorized by the Department of Defense; and

(2) All commissioned and warrant officers who are within the age limits authorized for such officers.

The adjutant general is a member of the National Guard but is exempt from the age requirements set forth in this title.

Source: PolC 1877, ch 30, § 8; SL 1887, ch 100, § 4; CL 1887, § 1920; SL 1893, ch 117, § 2; SL 1901, ch 176, § 1; RPolC 1903, § 2462; SL 1913, ch 267, § 12; SL 1917, ch 297, § 3; RC 1919, § 10550; SDC 1939, § 41.0103; SL 1947, ch 180, § 2; SL 2007, ch 187, § 19.
S.D. Codified Laws § 33-7-3 — SD Code / Title 33 / Chapter 7 / Section 33-7-3
Stopping pay to recover charges against member of guard
Status: in_force

Stoppage may be made against the compensation payable to any officer or enlisted man of the national guard from the federal government, or the State of South Dakota, to cover:

(1) The costs of public property lost or destroyed by and chargeable to such officer or enlisted man;

(2) Fines duly assessed against such officer or enlisted man by proper authority under the law and rules promulgated pursuant to chapter 1-26 governing the national guard.

Source: SL 1917, ch 297, § 67; RC 1919, § 10627; SDC 1939, § 41.0175; SL 1949, ch 154; SL 1957, ch 205; SL 1965, ch 172; SL 1986, ch 272, § 8.
S.D. Codified Laws § 33-14-14 — SD Code / Title 33 / Chapter 14 / Section 33-14-14
Uniform State Code of Military Justice applicable
Status: in_force

If the South Dakota State Guard or any part of the South Dakota State Guard is ordered out for active service, the Uniform State Code of Military Justice, found in chapter 33-10 , is applicable to members of the South Dakota National Guard in relation to courts-martial, their jurisdiction, the limits of punishment, and the rules and regulations prescribed under the Uniform State Code of Military Justice and are in full force and effect with respect to the South Dakota State Guard.

Source: SL 1941, ch 174, § 12; SDC Supp 1960, § 41.01B12 (1); SL 2007, ch 187, § 146; SL 2012, ch 173, § 6.
S.D. Codified Laws § 33-10-106 — SD Code / Title 33 / Chapter 10 / Section 33-10-106
Advice of judge advocate regarding charge
Status: in_force

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:

(1) The specification alleges an offense under this code;

(2) The specification is warranted by the evidence indicated in the report of investigation pursuant to §§ 33-10-100 to 33-10-104 , inclusive, if there is such a report; and

(3) A court-martial would have jurisdiction over the accused and the offense.

Source: SL 2012, ch 175, § 87.
S.D. Codified Laws § 33-10-28 — SD Code / Title 33 / Chapter 10 / Section 33-10-28
Communication with judge advocates
Status: in_force

Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the state judge advocate.

Source: SL 2012, ch 175, § 9.
S.D. Codified Laws § 33-10-91 — SD Code / Title 33 / Chapter 10 / Section 33-10-91
Marshal--Duties
Status: in_force

A military court sitting in any county shall be attended by the county sheriff, or some suitable person designated by the sheriff, who shall be the marshal of the court and perform the usual duties of such marshals. The marshal shall execute any process lawfully issued by the court and perform all acts and duties by this chapter imposed on and authorized to be performed by any sheriff, marshal, or constable. The officer ordering the court shall furnish a copy of the order to the sheriff of the county where the court is directed to meet. The order constitutes notice to the sheriff to appear or designate someone as marshal of the court.

Source: SL 2012, ch 175, § 72.
S.D. Codified Laws § 33-10-306 — SD Code / Title 33 / Chapter 10 / Section 33-10-306
Uniformity of interpretation
Status: in_force

This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, chapter 47 of Title 10, United States Code as of January 1, 2012.

Source: SL 2012, ch 175, § 287.
S.D. Codified Laws § 33-12-2 — SD Code / Title 33 / Chapter 12 / Section 33-12-2
Quartermaster general authorized to require assistant to give bond
Status: in_force

As quartermaster general, the adjutant general may require any duly appointed assistant, who shall be a member of the National Guard, to give a bond with sufficient surety, in an amount the quartermaster general deems sufficient, to the state. The bond shall be conditioned for the faithful performance of duty and shall be approved by the quartermaster general, recorded in the Office of the Secretary of State, and filed with the state treasurer.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10556; SDC 1939, § 41.0109; SL 2007, ch 187, § 108.
S.D. Codified Laws § 33-10-202 — SD Code / Title 33 / Chapter 10 / Section 33-10-202
Adjutant General action--Promulgation of rules
Status: in_force

The record of trial and related documents in each case reviewed pursuant to § 33-10-201 shall be sent for action to the adjutant general, if:

(1) The judge advocate who reviewed the case recommends corrective action;

(2) The sentence approved pursuant to § 33-10-187 extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months; or

(3) Such action is otherwise required by rules promulgated by the Adjutant General pursuant to chapter 1-26 .

Source: SL 2012, ch 175, § 183; SL 2023, ch 109, § 18.
S.D. Codified Laws § 33-5-18 — SD Code / Title 33 / Chapter 5 / Section 33-5-18
Rules governing discharges
Status: in_force

The Department of the Military may promulgate rules pursuant to chapter 1-26 providing for discharges from the National Guard.

Source: SL 1986, ch 272, § 7; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-182 — SD Code / Title 33 / Chapter 10 / Section 33-10-182
Submission to convening authority of matters for consideration--Time for submission
Status: in_force

The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within ten days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate pursuant to § 33-10-189 . In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced.

Source: SL 2012, ch 175, § 163.
S.D. Codified Laws § 33-3-22 — SD Code / Title 33 / Chapter 3 / Section 33-3-22
Interfering with National Guard members in performance of duty--Misdemeanor
Status: in_force

If any person intercepts, molests, insults, or abuses any officer or enlisted member of the National Guard while in the performance of the member's military duty, the person may be immediately arrested and kept confined, in the discretion of the commanding officer of the force engaged in such duty, until sunset of the same day on which the offense is committed, or for such reasonable time as may be necessary to procure the person's arrest by the civil authorities. Any such offender is also guilty of a Class 1 misdemeanor.

Source: SL 1903, ch 185, § 29; SL 1917, ch 297, § 39; RC 1919, § 10599; SDC 1939, § 41.0150; SL 1977, ch 190, § 2; SL 2007, ch 187, § 31.
S.D. Codified Laws § 33A-1-25 — SD Code / Title 33A / Chapter 1 / Section 33A-1-25
Qualifications of county veterans' officer
Status: in_force

Each county veterans' service officer shall be a veteran who has served in the armed forces of the United States and is a citizen of the United States.

Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 1989, ch 285; SDCL § 33-16-27 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 12.
S.D. Codified Laws § 33-4-8 — SD Code / Title 33 / Chapter 4 / Section 33-4-8
Appointment of officers for new organization
Status: in_force

If the Governor desires to create a new organization of the National Guard, the Governor may appoint all the officers necessary to commence and complete the organization.

Source: SL 1913, ch 267, § 18; SL 1917, ch 297, § 21; RC 1919, § 10574; SDC 1939, § 41.0127; SL 2007, ch 187, § 41.
S.D. Codified Laws § 33-10-189 — SD Code / Title 33 / Chapter 10 / Section 33-10-189
Recommendation of judge advocate--Promulgation of rules--Response and objection
Status: in_force

Before acting pursuant to § 33-10-188 on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by rules promulgated pursuant to chapter 1-26 by the Adjutant General and shall be served on the accused, who may submit any matter in response pursuant to § 33-10-182 . Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.

Source: SL 2012, ch 175, § 170; SL 2023, ch 109, § 17.
S.D. Codified Laws § 33-10-103 — SD Code / Title 33 / Chapter 10 / Section 33-10-103
Investigation of uncharged offenses
Status: in_force

If evidence adduced in an investigation indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:

(1) Present at the investigation;

(2) Informed of the nature of each uncharged offense investigated; and

(3) Afforded the opportunities for representation, cross-examination, and presentation prescribed in § 33-10-101 .

Source: SL 2012, ch 175, § 84.
S.D. Codified Laws § 33-10-138 — SD Code / Title 33 / Chapter 10 / Section 33-10-138
Refusal to appear or testify
Status: in_force

Any person not subject to this code who:

(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry, or before any military or civil officer designated to take a deposition to be read in evidence before such a court; and

(2) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce;

Source: SL 2012, ch 175, § 119.
S.D. Codified Laws § 33-10-267 — SD Code / Title 33 / Chapter 10 / Section 33-10-267
Noncompliance with procedural rules
Status: in_force

Any person subject to this code who:

(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or

(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused;

Source: SL 2012, ch 175, § 248.
S.D. Codified Laws § 33-10-96 — SD Code / Title 33 / Chapter 10 / Section 33-10-96
Compulsory self-incrimination prohibited
Status: in_force

No person subject to this code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate the person.

Source: SL 2012, ch 175, § 77.
S.D. Codified Laws § 33A-4-12 — SD Code / Title 33A / Chapter 4 / Section 33A-4-12
Contributions by residents--Maximum required
Status: in_force

Any resident of the State Veterans Home shall contribute to the resident's maintenance, care, or support while a resident of the home. The contributions must be determined by the secretary of veterans affairs and may not exceed the actual cost of care of residents at the home.

Source: SDC 1939, § 41.0215 as enacted by SL 1951, ch 212, § 4; SL 1959, ch 242, § 6; SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1989, ch 286, § 8; SL 2007, ch 187, § 212; § 33-18-10; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 13.
S.D. Codified Laws § 33A-5-8 — SD Code / Title 33A / Chapter 5 / Section 33A-5-8
County purchase of burial plots--Perpetual care--Title to plots
Status: in_force

Each board of county commissioners of each county of this state may, as soon as the money has been appropriated, purchase not more than ten burial plots and provide for the perpetual care of the plots.

The title to the burial plots is vested in the State of South Dakota, and permits for burial in the plots shall be issued by the county auditor of the respective county.

Source: SL 1929, ch 226, § 3; SDC 1939, § 12.1912; SL 1943, ch 31; SL 2007, ch 187, § 229; § 33-19-9; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 24.
S.D. Codified Laws § 33-10-226 — SD Code / Title 33 / Chapter 10 / Section 33-10-226
Leave required pending review of certain court-martial convictions
Status: in_force

Pursuant to rules promulgated by the Adjutant General pursuant to chapter 1-26 , an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this section if the sentence, as approved pursuant to § 33-10-187 , includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved pursuant to § 33-10-187 or at any time after such date, and such leave may be continued until the date on which action under this section is completed or may be terminated at any earlier time.

Source: SL 2012, ch 175, § 207; SL 2023, ch 109, § 20.
S.D. Codified Laws § 33-6-5.1 — SD Code / Title 33 / Chapter 6 / Section 33-6-5.1
Member tuition benefit--Board of Regents graduate degree programs--Limitations
Status: in_force

Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7 , entitled to a benefit as prescribed by this section and § 33-6-5.3 . Any member of the South Dakota National Guard who is enrolled in a program leading toward a graduate degree in any state educational institution under the control and management of the Board of Regents, including institutions or courses not subsidized by the general fund, is entitled to a benefit of one hundred percent of the in-state resident graduate tuition to be paid or otherwise credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost. The benefit provided by this section and § 33-6-5.3 may not exceed thirty-two credit hours toward a graduate degree.

Source: SL 2004, ch 221, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 27 eff. Apr. 12, 2011; SL 2016, ch 109, § 13; SL 2023, ch 110, § 2.
S.D. Codified Laws § 33-10-25 — SD Code / Title 33 / Chapter 10 / Section 33-10-25
Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction
Status: in_force

This code has applicability at all times and in all places, provided that either the person subject to the code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces. However, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.

Source: SL 2012, ch 175, § 6.
S.D. Codified Laws § 33-11-3 — SD Code / Title 33 / Chapter 11 / Section 33-11-3
Cooperative agreements with other public agencies
Status: in_force

The State of South Dakota, acting through the Department of the Military in participation with the federal government, and any county, municipal corporation, school district, or any department, agency, or board of the state or combination thereof, acting through their governing boards, may cooperate, on such terms as may be agreed to by the Department of the Military and the governing boards of the public corporations or other agencies in the construction, enlargement, conversion, and equipment of the buildings described in § 33-11-2 , including acquisition of sites for such buildings, and in the operation, maintenance, and use of such buildings.

Source: SL 1949, ch 159, § 1; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (3); SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18, 26, 27, eff. Apr. 12, 2011; SL 2023, ch 108, § 8.
S.D. Codified Laws § 33-10-258 — SD Code / Title 33 / Chapter 10 / Section 33-10-258
Assaulting or willfully disobeying superior commissioned officer
Status: in_force

Any person subject to this code who:

(1) Strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the officer while the officer is in the execution of his or her office; or

(2) Willfully disobeys a lawful command of the person's superior commissioned officer;

Source: SL 2012, ch 175, § 239.
S.D. Codified Laws § 33-10-286 — SD Code / Title 33 / Chapter 10 / Section 33-10-286
Provoking speeches or gestures
Status: in_force

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 267.
S.D. Codified Laws § 33-10-44 — SD Code / Title 33 / Chapter 10 / Section 33-10-44
Confinement with enemy prisoners prohibited
Status: in_force

No member of the state military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.

Source: SL 2012, ch 175, § 25.
S.D. Codified Laws § 33-2-8 — SD Code / Title 33 / Chapter 2 / Section 33-2-8
Law governing militia in active service
Status: in_force

The militia, while in active service, shall be governed by the military law of the state.

Source: PolC 1877, ch 30, § 6; SL 1887, ch 100, § 3; CL 1887, § 1919; RPolC 1903, § 2461; SL 1903, ch 185, § 4; SL 1913, ch 267, § 4; SL 1917, ch 297, § 6; RC 1919, § 10553; SDC 1939, § 41.0105; SL 1949, ch 152; SL 2012, ch 173, § 1.
S.D. Codified Laws § 33-10-113 — SD Code / Title 33 / Chapter 10 / Section 33-10-113
Qualifications of trial counsel--Preparation of record
Status: in_force

The trial counsel of a general or special court-martial shall be a member in good standing of a state or federal bar and shall prosecute in the name of the State of South Dakota, and shall, under the direction of the court, prepare the record of the proceedings.

Source: SL 2012, ch 175, § 94.
S.D. Codified Laws § 33-10-293 — SD Code / Title 33 / Chapter 10 / Section 33-10-293
Challenge to court members
Status: in_force

Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

Source: SL 2012, ch 175, § 274.
S.D. Codified Laws § 33A-2-14 — SD Code / Title 33A / Chapter 2 / Section 33A-2-14
Eligibility for bonus--National Guard or reserve personnel
Status: in_force

Any person who served in the National Guard or reserve and who served a period of active duty for training in the federal forces may not be included among the beneficiaries of §§ 33A-2-10 to 33A-2-33 , inclusive, unless the person was called for further active duty. If the person was called for further active duty, the person is eligible for the bonus for the time so served and for the time spent in active duty for training if that time was within the eligible period fixed in § 33A-2-13 . However, the department may promulgate rules, pursuant to chapter 1-26 , to specify special circumstances under which service by a person who served in the National Guard or reserve in a training or active duty status may qualify for the bonus if the service involved participation in or direct support of military operations or activities that would qualify for benefits under § 33A-2-13 .

Source: SL 1969, ch 173, § 7; SL 1992, ch 238, § 3; SL 2007, ch 187, § 169; SDCL § 33-17-21; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 4.
S.D. Codified Laws § 33-10-294 — SD Code / Title 33 / Chapter 10 / Section 33-10-294
Oaths
Status: in_force

The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

Source: SL 2012, ch 175, § 275.
S.D. Codified Laws § 33-10-292 — SD Code / Title 33 / Chapter 10 / Section 33-10-292
Parties
Status: in_force

Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.

Source: SL 2012, ch 175, § 273.
S.D. Codified Laws § 33-11-10 — SD Code / Title 33 / Chapter 11 / Section 33-11-10
Management of armory--Promulgation of rules
Status: in_force

The Department of the Military also constitutes a board for general management and care of armories. The department may promulgate rules pursuant to the provisions of chapter 1-26 for armory management and government and to provide for the guidance of the organization occupying them. The rules, in accordance with federal law and regulation, shall provide:

(1) Standards and requirements for construction or lease of armory facilities and related furnishings of such facilities;

(2) Standards and requirements for construction or lease of facilities, other than armories, and related furnishings as required by § 33-11-1 ;

(3) Procedures to enter into cooperative agreements with other public agencies pursuant to § 33-11-3 ;

(4) Procedures and standards to receive contributions of land, money, buildings, or other property pursuant to § 33-11-6 ; and

(5) Standards and procedures governing revenue producing activities undertaken pursuant to § 33-11-12 .

Source: SL 1917, ch 297, § 88; RC 1919, § 10648; SDC 1939, § 41.0195; SL 1986, ch 272, § 11; SL 2007, ch 187, § 106; SL 2023, ch 108, § 9.
S.D. Codified Laws § 33-10-23 — SD Code / Title 33 / Chapter 10 / Section 33-10-23
Jurisdiction over persons charged with fraudulent discharge
Status: in_force

Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to §§ 33-10-126 to 33-10-129 , inclusive, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

Source: SL 2012, ch 175, § 4.
S.D. Codified Laws § 33-10-216 — SD Code / Title 33 / Chapter 10 / Section 33-10-216
Execution of sentence when appeal waived or withdrawn
Status: in_force

If the sentence of the court-martial extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn pursuant to § 33-10-193 or 33-10-194 , that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review pursuant to § 33-10-201 is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case pursuant to § 33-10-187 when so approved under that section.

Source: SL 2012, ch 175, § 197.
S.D. Codified Laws § 33-21-3 — SD Code / Title 33 / Chapter 21 / Section 33-21-3
Patrol continued within Department of the Military--Records and reports
Status: in_force

The Civil Air Patrol shall continue within the Department of the Military, and shall retain all its prescribed functions, including administrative functions. The patrol shall submit such records, information, and reports in the form and at such times as required by the adjutant general, except that the patrol shall report at least annually.

Source: SL 1973, ch 2, § 275; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 21; SDCL § 50-3-3 ; SL 2019, ch. 203, § 82.
S.D. Codified Laws § 33-10-302 — SD Code / Title 33 / Chapter 10 / Section 33-10-302
Delegation by Governor
Status: in_force

The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by § 33-10-67 .

Source: SL 2012, ch 175, § 283.
S.D. Codified Laws § 33-11A-6 — SD Code / Title 33 / Chapter 11A / Section 33-11A-6
Firearms deposited by law enforcement agencies
Status: in_force

Any law enforcement agency which has custody of any firearms or any parts of firearms which are subject to destruction, may in lieu of destruction, deposit them with the museum and weapons collection.

Source: SL 1982, ch 253, § 5.
S.D. Codified Laws § 33-10-144 — SD Code / Title 33 / Chapter 10 / Section 33-10-144
Admissibility of deposition
Status: in_force

A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if it appears:

(1) That the witness resides or is beyond the state in which the court is ordered to sit, or beyond one hundred miles from the place of trial or hearing;

(2) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, non amenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or

(3) That the present whereabouts of the witness is unknown.

Source: SL 2012, ch 175, § 125.
S.D. Codified Laws § 33-10-164 — SD Code / Title 33 / Chapter 10 / Section 33-10-164
Forfeitures
Status: in_force

If a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

Source: SL 2012, ch 175, § 145.
S.D. Codified Laws § 33-3-8 — SD Code / Title 33 / Chapter 3 / Section 33-3-8
Location of units--Disbanding or reducing size of units
Status: in_force

The Governor may determine and fix the location of the units and headquarters of the South Dakota National Guard. However, no organization of the National Guard whose members are entitled to and have received compensation under the provisions of any act of Congress may be disbanded without the consent of the President. The commissioned or enlisted strength of any such organization may not be reduced below the minimum prescribed for the organization by the President without the consent of the President.

Source: SL 1917, ch 297, § 16; RC 1919, § 10569; SDC 1939, § 41.0122; SL 2007, ch 187, § 25.
S.D. Codified Laws § 33-5-15.1 — SD Code / Title 33 / Chapter 5 / Section 33-5-15.1
Failure to return military property as theft
Status: in_force

Any person who fails to return any military property, equipment, or other items belonging to the armed forces of the United States, any reserve component, or the South Dakota National Guard, or any element or component thereof, is guilty of theft. The degree of theft shall be determined pursuant to § 22-30A-17 .

Source: SL 1990, ch 262, § 2.
S.D. Codified Laws § 33-10-35 — SD Code / Title 33 / Chapter 10 / Section 33-10-35
Arrest and confinement defined
Status: in_force

Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person.

Source: SL 2012, ch 175, § 16.
S.D. Codified Laws § 33-10-192 — SD Code / Title 33 / Chapter 10 / Section 33-10-192
Matters considered at rehearing--Dismissal without rehearing
Status: in_force

A rehearing may be ordered by the convening authority or other person taking action pursuant to this code if that person disapproves the findings and sentence and states the reasons for disapproval of the findings. If such person disapproves the findings and sentence and does not order a rehearing, that person shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other person taking action under this section disapproves the sentence.

Source: SL 2012, ch 175, § 173.
S.D. Codified Laws § 33-12-29 — SD Code / Title 33 / Chapter 12 / Section 33-12-29
General militia fund--Expenditure procedure
Status: in_force

Funds appropriated by the Legislature for the maintenance of the National Guard shall be known as the general militia fund. Expenditures from the general militia fund may be made only upon vouchers certified by the adjutant general and approved by the Governor, upon warrants drawn by the state auditor against the state treasury in the manner required by law.

Source: SL 1917, ch 297, § 13; RC 1919, § 10565; SDC 1939, § 41.0118; SL 2007, ch 187, § 133.
S.D. Codified Laws § 33-10-85 — SD Code / Title 33 / Chapter 10 / Section 33-10-85
Admission of defense counsel pro hac vice--Qualifications
Status: in_force

In the instance when a defense counsel is not a member of the bar of the highest court of the state, the defense counsel shall be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:

(1) A commissioned officer of the armed forces of the United States or a component thereof;

(2) A member in good standing of the bar of the highest court of a state;

(3) Certified as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps; or

(4) A judge advocate as defined in § 33-10-20 .

Source: SL 2012, ch 175, § 66.
S.D. Codified Laws § 33A-1-20 — SD Code / Title 33A / Chapter 1 / Section 33A-1-20
Investigative authority of department--Access to records
Status: in_force

The Department of Veterans Affairs has access to the records of penal and charitable institutions and may investigate the status of veterans in such institutions. The department may report to the heads of such institutions and if necessary to the Governor any recommendations for the benefit of such veterans.

Source: SL 1944 (SS), ch 3, § 7; SDC Supp 1960, § 41.0407; SL 2007, ch 187, § 156; SDCL § 33-16-22; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-1-10 — SD Code / Title 33 / Chapter 1 / Section 33-1-10
Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants
Status: in_force

Within the National Guard Division of the Department of the Military, there are separate sections for the Army National Guard and Air National Guard, with an assistant adjutant general in the grade of brigadier general as the head of each, under the general supervision and control of the adjutant general in the grade of major general. The qualifications of the assistant adjutants general for army and air are the same as those prescribed under applicable National Guard regulations for federal recognition in the grade of brigadier general and applicable Department of Army and Air Force and National Guard Bureau eligibility standards. At the time of appointment, the assistant adjutant generals shall be qualified or capable of meeting qualifications within a reasonable time and a federally recognized commissioned field grade officer of the South Dakota National Guard, with not less than eight years service in the National Guard of South Dakota.

Source: SDC Supp 1960, § 41.01A01 as added by SL 1964, ch 116; SL 1977, ch 269, § 1; SL 2007, ch 187, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-271 — SD Code / Title 33 / Chapter 10 / Section 33-10-271
Captured or abandoned property--Securing and turning over
Status: in_force

Each person subject to this code shall secure all public property taken for the service of the United States or the state, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in the person's possession, custody, or control.

Source: SL 2012, ch 175, § 252.
S.D. Codified Laws § 33A-4-6 — SD Code / Title 33A / Chapter 4 / Section 33A-4-6
Local management of home by superintendent--Appointment--Qualifications
Status: in_force

The Department of Veterans Affairs shall provide for the local management of the State Veterans' Home by the appointment of a superintendent. The Secretary of Veterans Affairs shall appoint the superintendent. The superintendent is the executive head of the veterans home and shall devote full time to the duties of the office. The superintendent shall serve at the pleasure of the Secretary of Veterans Affairs. The superintendent shall be a citizen of the United States, a resident of South Dakota, and an honorably discharged veteran as defined in § 33A-2-1 .

Source: SL 1889, ch 114, § 18; SL 1895, ch 169, § 3; RPolC 1903, § 618; SL 1905, ch 157, § 6; SL 1911, ch 230, § 6; SL 1913, ch 325, § 6; SL 1917, ch 344, § 2; RC 1919, § 9953; SL 1931, ch 227; SDC 1939, § 41.0206; SL 1970, ch 191, § 1; SL 1981, ch 255; SL 1989, ch 286, § 3; § 33-18-4 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2014, ch 161, § 1.
S.D. Codified Laws § 33-10-264 — SD Code / Title 33 / Chapter 10 / Section 33-10-264
Resistance--Flight--Breach of arrest--Escape
Status: in_force

Any person subject to this code who:

(1) Resists apprehension;

(2) Flees from apprehension;

(3) Breaks arrest; or

(4) Escapes from custody or confinement;

Source: SL 2012, ch 175, § 245.
S.D. Codified Laws § 33-10-175 — SD Code / Title 33 / Chapter 10 / Section 33-10-175
Forfeiture of pay and allowances
Status: in_force

A court-martial sentence described in § 33-10-176 shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined pursuant to § 33-10-164 and may be deferred as provided by that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.

Source: SL 2012, ch 175, § 156.
S.D. Codified Laws § 33-10-290 — SD Code / Title 33 / Chapter 10 / Section 33-10-290
Court of inquiry convened for investigation
Status: in_force

Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.

Source: SL 2012, ch 175, § 271.
S.D. Codified Laws § 33-10-147 — SD Code / Title 33 / Chapter 10 / Section 33-10-147
Burden of proof of lack of mental responsibility
Status: in_force

The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

Source: SL 2012, ch 175, § 128.
S.D. Codified Laws § 33-10-246 — SD Code / Title 33 / Chapter 10 / Section 33-10-246
Conspiracy
Status: in_force

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 227.
S.D. Codified Laws § 33-21-1 — SD Code / Title 33 / Chapter 21 / Section 33-21-1
Creation of Civil Air Patrol--Commanding officer
Status: in_force

There is hereby created and established the South Dakota Civil Air Patrol, the head of which shall be the duly appointed commanding officer of the Civil Air Patrol, South Dakota wing.

Source: SL 1953, ch 342, § 1; SDC Supp 1960, § 55.11A01; SL 1974, ch 3, § 34; SDCL § 50-3-1 ; SL 2019, ch. 203, § 82.
S.D. Codified Laws § 33-10-238 — SD Code / Title 33 / Chapter 10 / Section 33-10-238
Application of statute comparable to 18 U.S.C. 4247(d)
Status: in_force

Except as otherwise provided in this section and § 33-10-239 , the state statute most closely comparable to 18 U.S.C. 4247(d) as of January 1, 2012, apply in the administration of §§ 33-10-227 to 33-10-237 , inclusive.

In the application of the state statute most closely comparable to 18 U.S. C. 4247(d), to hearings conducted by a court-martial pursuant to §§ 33-10-227 to 33-10-237 , inclusive, or by (or by order of) a general court-martial convening authority pursuant to §§ 33-10-227 to 33-10-237 , inclusive, the reference in that section to section 3006A of such title does not apply.

Source: SL 2012, ch 175, § 219.
S.D. Codified Laws § 33-12-7 — SD Code / Title 33 / Chapter 12 / Section 33-12-7
Return of United States property to be replaced with new property--Return of surplus property
Status: in_force

The adjutant general shall upon order of the Governor turn in to the armed forces of the United States any weapons, equipment, and accouterments that are the property of the United States in possession of the state, and that are to be replaced by new weapons, equipment and accouterments sent by the United States. The adjutant general shall cause the weapons, equipment, and accouterments to be shipped under instructions from the secretary of defense to the designated arsenal or depot at the expense of the United States. If the South Dakota National Guard is fully armed and equipped with standard weapons, equipment, and accouterments of the United States armed forces, the adjutant general shall cause any remaining weapons, equipment, and accouterments that are the property of the United States and in possession of the state, to be transferred and shipped, as directed in this section, under instructions from the secretary of defense.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10557; SDC 1939, § 41.0110; SL 2007, ch 187, § 112.
S.D. Codified Laws § 33-3-14 — SD Code / Title 33 / Chapter 3 / Section 33-3-14
Duty of subordinate commanding officers
Status: in_force

Commanding officers of organizations of the national guard shall be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands.

Source: SL 1913, ch 267, § 35; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1.
S.D. Codified Laws § 33-10-117 — SD Code / Title 33 / Chapter 10 / Section 33-10-117
Presence of accused, counsel, and military judge at proceedings--Exception
Status: in_force

When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.

Source: SL 2012, ch 175, § 98.
S.D. Codified Laws § 33-10-167 — SD Code / Title 33 / Chapter 10 / Section 33-10-167
Deferment until after accused has been permanently released to state military forces
Status: in_force

In any case in which a court-martial sentences an accused referred to in § 33-10-168 to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States, or a foreign country referred to in that section.

Source: SL 2012, ch 175, § 148.
S.D. Codified Laws § 33-10-71 — SD Code / Title 33 / Chapter 10 / Section 33-10-71
Warrant officer service on courts-martial
Status: in_force

Any warrant officer of the state military forces may serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer.

Source: SL 2012, ch 175, § 52.
S.D. Codified Laws § 33-10-186 — SD Code / Title 33 / Chapter 10 / Section 33-10-186
Authority to modify findings and sentence
Status: in_force

The authority pursuant to § 33-10-188 to modify the findings and sentence of a court-martial is a matter of command prerogative involving the sole discretion of the convening authority. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action pursuant to § 33-10-187 .

Source: SL 2012, ch 175, § 167.
S.D. Codified Laws § 33-10-196 — SD Code / Title 33 / Chapter 10 / Section 33-10-196
Time for appeal by the state--Contents of notice of appeal
Status: in_force

An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

Source: SL 2012, ch 175, § 177.
S.D. Codified Laws § 33-10-114 — SD Code / Title 33 / Chapter 10 / Section 33-10-114
Qualifications of defense counsel--Rights of accused
Status: in_force

Qualifications of the defense counsel or the accused rights are as follows:

(1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation pursuant to §§ 33-10-100 to 33-10-104 , inclusive, as provided in this section;

(2) The accused may be represented by civilian counsel at the provision and expense of the accused;

(3) The accused may be represented:

(a) By military counsel detailed by §§ 33-10-82 to 33-10-85 , inclusive; or

(b) By military counsel of the accused's own selection if that counsel is reasonably available as determined pursuant to subdivision (7) of this section;

(4) If the accused is represented by civilian counsel, military counsel detailed or selected pursuant to subdivision (3) of this section shall act as associate counsel unless excused at the request of the accused;

(5) Except as provided pursuant to subdivision (6) of this section, if the accused is represented by military counsel of the accused's own selection pursuant to subsection (3)(b) of this section, any military counsel detailed pursuant to subsection (3)(a) of this section shall be excused;

(6) No accused may be represented by more than one military counsel. However, the person authorized pursuant to §§ 33-10-82 to 33-10-85 , inclusive, to detail counsel, in that person's sole discretion:

(a) May detail additional military counsel as assistant defense counsel; and

(b) If the accused is represented by military counsel of the accused's own selection pursuant to subsection (3)(b) of this section, may approve a request from the accused that military counsel detailed pursuant to subsection (3)(a) of this section act as associate defense counsel; and

(7) The senior force judge advocate of the same force of which the accused is a member, shall determine whether the military counsel selected by an accused is reasonably available.

Source: SL 2012, ch 175, § 95.
S.D. Codified Laws § 33A-4-24 — SD Code / Title 33A / Chapter 4 / Section 33A-4-24
Veterans' home operating fund created
Status: in_force

There is hereby created a State Veterans Home operating fund. All sums paid to and received by the superintendent of the State Veterans Home, under this chapter, for the support, care, and maintenance of the residents in the home, shall be paid monthly by him to the state treasurer and credited to the veterans home operating fund. The fund shall be maintained separately and administered by the Department of Veterans Affairs to defray the expenses associated with operation of the State Veterans Home. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund.

Source: SDC 1939, § 41.0217 as enacted by SL 1951, ch 212, § 6; SL 1993, ch 244; § 33-18-21; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 23.
S.D. Codified Laws § 33-10-245 — SD Code / Title 33 / Chapter 10 / Section 33-10-245
Conviction of attempt for consummated offense
Status: in_force

Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.

Source: SL 2012, ch 175, § 226.
S.D. Codified Laws § 33-10-75 — SD Code / Title 33 / Chapter 10 / Section 33-10-75
Excuse of court-martial member from participating
Status: in_force

Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this section to a judge advocate or to any other principal assistant.

Source: SL 2012, ch 175, § 56.
S.D. Codified Laws § 33-3-5 — SD Code / Title 33 / Chapter 3 / Section 33-3-5
Recognition of units by Department of Defense
Status: in_force

The Governor may muster and present to the Department of Defense for recognition organizations and units authorized by applicable federal law and regulations.

Source: SL 1917, ch 297, § 14; RC 1919, § 10566; SDC 1939, § 41.0119; SL 2007, ch 187, § 22.
S.D. Codified Laws § 33-10-212 — SD Code / Title 33 / Chapter 10 / Section 33-10-212
Right to counsel on appeal by accused
Status: in_force

Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.

Source: SL 2012, ch 175, § 193.
S.D. Codified Laws § 33-4-1 — SD Code / Title 33 / Chapter 4 / Section 33-4-1
Officers commissioned at discretion of Governor--Examination--Oath of office
Status: in_force

All officers of the National Guard shall be commissioned by the Governor, at the Governor's discretion, upon the recommendation of the adjutant general. However, no person may be commissioned as an officer unless the person has been examined and adjudged qualified to be an officer by an examining board. The composition, appointment, and examining procedure of the board and the nature and scope of the examinations shall be prescribed by federal law or regulation or by rules promulgated by the adjutant general pursuant to chapter 1-26 , as the circumstance dictates. No person may be recognized as an officer unless the person has been duly commissioned and has taken the oath of office as prescribed in § 33-4-9 .

Source: PolC 1877, ch 30, §§ 14, 16; SL 1887, ch 100, §§ 6, 32; CL 1887, §§ 1922, 1948; SL 1893, ch 117, § 4; RPolC 1903, § 2464; SL 1903, ch 185, §§ 22, 45; SL 1913, ch 267, § 16; SL 1917, ch 297, § 19; RC 1919, § 10572; SDC 1939, § 41.0125; SL 2007, ch 187, § 34.
S.D. Codified Laws § 33-15-8.3 — SD Code / Title 33 / Chapter 15 / Section 33-15-8.3
Reimbursement between political subdivisions co-operating
Status: in_force

The receiving political subdivision shall reimburse the sending political subdivision for all supplies used, the expenses of all equipment used, and the compensation paid to all officers and members of such forces so furnished during such time as the rendition of such aid prevents them from performing their duties in the sending political subdivision, for the actual traveling and maintenance expenses of such officers and members while rendering such aid, and the costs of all insurance covering such officers and members while so engaged, and any damage or loss to equipment or supplies furnished while so engaged. Any claim for such reimbursement, loss, damage, or expense in the use of equipment or supplies or for additional expenses incurred in the operation or maintenance thereof shall not be allowed unless within ninety days after the same is sustained or incurred an itemized notice of such claim, verified by an officer or employee of the sending political subdivision, having knowledge of the facts, is filed with the clerk or auditor of the receiving political subdivision.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1.
S.D. Codified Laws § 33-10-165 — SD Code / Title 33 / Chapter 10 / Section 33-10-165
Computation of period of confinement--Effective date of other sentences
Status: in_force

Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. All other sentences of courts-martial are effective on the date ordered executed.

Source: SL 2012, ch 175, § 146.
S.D. Codified Laws § 33-9-9 — SD Code / Title 33 / Chapter 9 / Section 33-9-9
Injuries in course of riot suppression--Members and magistrates exonerated--Rioters held to answer
Status: in_force

If the efforts made pursuant to § 33-9-8 by, or at the direction of, any of the magistrates or officers mentioned in § 33-9-8 to disperse any unlawful, riotous, or tumultuous assembly, or to seize and secure the persons who have assembled and have refused to disperse, though the number remaining may be less than twelve, cause any such person or other persons present as spectators or otherwise to be killed or wounded, such magistrates and officers, and all persons acting by their order and under their direction, are held guiltless and fully justified in law. If any of such magistrates or officers or any persons acting by their order or under their direction are killed or wounded, any person who is unlawfully, riotously, and tumultuously assembled is answerable for the death or injury in a court of law.

Source: SL 1917, ch 297, § 71; RC 1919, § 10631; SDC 1939, § 41.0179; SL 2007, ch 187, § 84.
S.D. Codified Laws § 33-14-8 — SD Code / Title 33 / Chapter 14 / Section 33-14-8
Private organizations prohibited from enlisting as unit
Status: in_force

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group may be enlisted in the South Dakota State Guard as an organization or unit.

Source: SL 1941, ch 174, § 8; SDC Supp 1960, § 41.01B08; SL 2007, ch 187, § 143.
S.D. Codified Laws § 33A-2-19 — SD Code / Title 33A / Chapter 2 / Section 33A-2-19
Amendment of original claim or new claim by veteran with service connected disability
Status: in_force

Any veteran qualified for the benefits authorized by § 33A-2-18 who has previously filed a claim under §§ 33A-2-10 to 33A-2-33 , inclusive, may amend the claim, or if the original claim was paid, initiate a new claim for the difference between that claimed or paid and the amount authorized by § 33A-2-18 .

Source: SL 1972, ch 190, § 2; SL 2007, ch 187, § 173; SDCL § 33-17-24.2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-3-3 — SD Code / Title 33 / Chapter 3 / Section 33-3-3
Composition of military units--Authorization for units by President of United States
Status: in_force

The military units of the National Guard shall be composed and organized, except as otherwise specifically provided, the same as the armed forces of the United States subject in time of peace to such general exceptions as may be authorized by the secretary of defense. No unit or organization of the South Dakota National Guard and no unit of any branch or arm of the service may be maintained in the state, except as authorized by the President of the United States and recognized by the secretary of defense.

Source: SL 1913, ch 267, § 13; SL 1917, ch 297, § 15; RC 1919, § 10567; SDC 1939, § 41.0120; SL 2007, ch 187, § 20.
S.D. Codified Laws § 33-10-57 — SD Code / Title 33 / Chapter 10 / Section 33-10-57
Appeal
Status: in_force

A person punished under this code who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within fifteen days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised pursuant to § 33-10-56 by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.

Source: SL 2012, ch 175, § 38.
S.D. Codified Laws § 33-10-88 — SD Code / Title 33 / Chapter 10 / Section 33-10-88
Additional members of general court-martial
Status: in_force

If a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.

Source: SL 2012, ch 175, § 69.
S.D. Codified Laws § 33-10-20 — SD Code / Title 33 / Chapter 10 / Section 33-10-20
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Accuser," a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused;

(2) "Cadet," "candidate," or "midshipman," a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces;

(3) "Classified information,":

(a) Any information or material that has been determined by an official of the United States or any state pursuant to law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and

(b) Any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C. § 2014(y)) as of January 1, 2012;

(4) "Code," this chapter;

(5) "Commanding officer," includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment pursuant to this code. The term, commander, has the same meaning as commanding officer;

(6) "Convening authority," includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority;

(7) "Day," a calendar day and is not synonymous with the term, unit training assembly. Any punishment authorized by this code which is measured in terms of days shall, if served in a status other than annual field training, be construed to mean succeeding duty days;

(8) "Duty status other than state active duty," any other type of duty not in federal service and not full-time duty in the active service of the state under an order issued by authority of law and includes travel to and from such duty;

(9) "Enlisted member," a person in an enlisted grade;

(10) "Judge advocate," a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or

(b) Certified as a nonfederally recognized judge advocate by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code. If there is no such judge advocate available, then such certification may be made by such senior judge advocate of the commander of another force in the state military forces, as the convening authority directs;

(11) "Military court," a court-martial or a court of inquiry;

(12) "Military judge," an official of a general or special court-martial detailed in accordance with § 33-10-77 ;

(13) "Military offenses," those offenses prescribed under this chapter;

(14) "National security," the national defense and foreign relations of the United States;

(15) "Officer," a commissioned or warrant officer;

(16) "Officer in charge," a member of the Army or Air Force designated as such by appropriate authority;

(17) "Record," when used in connection with the proceedings of a court-martial:

(a) An official written transcript, written summary, or other writing relating to the proceedings; or

(b) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced;

(18) "State," one of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the U.S. Virgin Islands;

(19) "State active duty," full-time duty in the state military forces under an order of the Governor or otherwise issued by authority of law, and paid by state funds, and includes travel to and from such duty;

(20) "Senior force judge advocate," the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor;

(21) "State military forces," the National Guard of the State of South Dakota, as defined in Title 32, United States Code, and any other military force organized under the Constitution and laws of this State, when not in a status subjecting them to exclusive jurisdiction under chapter 47 of Title 10, United States Code;

(22) "Superior commissioned officer," a commissioned officer superior in rank or command;

(23) "Senior force commander," the commander of the same force of the state military forces as the accused.

Source: SL 2012, ch 175, § 1; SL 2023, ch 109, § 10.
S.D. Codified Laws § 33-12-10 — SD Code / Title 33 / Chapter 12 / Section 33-12-10
Periodic return of custodial property
Status: in_force

Every officer or other person having custody or control of the military property of the United States or of the state shall periodically make a return of the property on a form and to the appropriate department as required by law.

Source: SL 1887, ch 100, § 66; CL 1887, § 1982; RPolC 1903, § 2521; SL 1903, ch 185, § 73; SL 1917, ch 297, § 70; RC 1919, § 10630; SDC 1939, § 41.0178; SL 2007, ch 187, § 115.
S.D. Codified Laws § 33-10-298 — SD Code / Title 33 / Chapter 10 / Section 33-10-298
Administration of oaths for purposes of military administration
Status: in_force

The following persons may administer oaths for the purposes of military administration, including military justice:

(1) All judge advocates;

(2) All summary courts-martial officers;

(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;

(4) All commanding officers; and

(5) All other persons designated by regulations of the armed forces of the United States or by statute.

Source: SL 2012, ch 175, § 279.
S.D. Codified Laws § 33-10-160 — SD Code / Title 33 / Chapter 10 / Section 33-10-160
Copy of record to be given to the accused
Status: in_force

A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.

Source: SL 2012, ch 175, § 141.
S.D. Codified Laws § 33-10-40 — SD Code / Title 33 / Chapter 10 / Section 33-10-40
Notice of offense--Diligent steps for trial or dismissal
Status: in_force

If any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.

Source: SL 2012, ch 175, § 21.
S.D. Codified Laws § 33-12-3 — SD Code / Title 33 / Chapter 12 / Section 33-12-3
Duties of quartermaster general
Status: in_force

The quartermaster general shall attend to the care, preservation, safekeeping, and repairing of the arms, ordnance, accouterments, equipment, and all other military property belonging to the state or issued to the state by the government of the United States, for the purpose of arming and equipping the national guard.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10556; SDC 1939, § 41.0109.
S.D. Codified Laws § 33-10-74 — SD Code / Title 33 / Chapter 10 / Section 33-10-74
Qualifications of court-martial member
Status: in_force

If convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial if that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.

Source: SL 2012, ch 175, § 55.
S.D. Codified Laws § 33-10-273 — SD Code / Title 33 / Chapter 10 / Section 33-10-273
Aiding the enemy
Status: in_force

Any person subject to this code who:

(1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

Source: SL 2012, ch 175, § 254.
S.D. Codified Laws § 33-10-82 — SD Code / Title 33 / Chapter 10 / Section 33-10-82
Detail of trial counsel and defense counsel
Status: in_force

For each general and special court-martial the authority convening the court shall detail trial counsel, defense counsel, and such assistants as are appropriate.

Source: SL 2012, ch 175, § 63.
S.D. Codified Laws § 33A-1-31 — SD Code / Title 33A / Chapter 1 / Section 33A-1-31
State aid for salaries of county service officers--Maximum reimbursement
Status: in_force

The Department of Veterans Affairs may establish, implement, and maintain a program for providing financial assistance to counties in paying the salaries of county veterans service officers. No county may be reimbursed in excess of twenty-five percent of the basic salary schedule outlined in § 33A-1-32 for any fiscal year.

Source: SL 1977, ch 273, § 1; SL 1991, ch 267, § 1; SDCL § 33-16-28.3; SL 2011, ch 1 (Ex. Ord. 11-1), § 148, eff. Apr. 12, 2011; SL 2023, ch 111, § 8.
S.D. Codified Laws § 33A-2-36 — SD Code / Title 33A / Chapter 2 / Section 33A-2-36
Professional or occupational credit for certain military training and experience
Status: in_force

Notwithstanding any other law, any professional or occupational board or commission established under Title 36 may credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a license issued by the board or commission. The board or commission may promulgate rules pursuant to chapter 1-26 to establish procedures to allow veterans seeking licensure or certification to receive appropriate credit for any relevant military training and experience.

Source: SL 2013, ch 152, § 1.
S.D. Codified Laws § 33-10-131 — SD Code / Title 33 / Chapter 10 / Section 33-10-131
Conditions for new charges and specifications
Status: in_force

The conditions referred to in § 33-10-130 are that the new charges and specifications shall:

(1) Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty days after the dismissal of the charges or specifications; and

(2) Allege the same acts or omissions that were alleged in the dismissed charges or specifications (or allege acts or omissions that were included in the dismissed charges or specifications).

Source: SL 2012, ch 175, § 112.
S.D. Codified Laws § 33A-2-1 — SD Code / Title 33A / Chapter 2 / Section 33A-2-1
Veteran defined
Status: in_force

For the purposes of all statutes relating to rights, privileges, ceremonial recognition, exemptions, and benefits (except a state bonus) of veterans and their dependents, the term, veteran, means any person who:

(1) Has served the full obligation for active duty, reserve, or National Guard service in the military, or received an early discharge for a medical condition, hardship, reduction in force, or at the convenience of the military; and

(2) Has been separated or discharged from such service honorably or under honorable conditions.

For purposes of this section, the term, benefits, includes veterans designation on a driver license or identification card, veterans license plates, veterans job preference, and burial benefits pursuant to § 33A-5-2 .

Source: New section implementing direction to Revisor of Statutes in SL 1967, ch 174, § 2, to provide for a single and uniform definition; SL 1994, ch 267, § 1; SL 2007, ch 187, § 160; SDCL § 33-17-1 ; SL 2010, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 13; SL 2015, ch 177, § 1.
S.D. Codified Laws § 33-10-97 — SD Code / Title 33 / Chapter 10 / Section 33-10-97
Advice of right to remain silent
Status: in_force

No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.

Source: SL 2012, ch 175, § 78.
S.D. Codified Laws § 33A-1-1 — SD Code / Title 33A / Chapter 1 / Section 33A-1-1
Veteran defined
Status: in_force

For the purposes of this chapter, a veteran is a person who meets the provisions of § 33A-2-1 .

Source: SL 1944 (SS), ch 3, § 1; SL 1953, ch 218, § 1; SDC Supp 1960, § 41.0401; SL 2007, ch 187, § 149; SDCL § 33-16-1 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2011, ch 152, § 1; SL 2015, ch 174, § 1, eff. Feb. 18, 2015.
S.D. Codified Laws § 33-6-8.1 — SD Code / Title 33 / Chapter 6 / Section 33-6-8.1
Tuition benefits for nonresident national guard members
Status: in_force

For purposes of tuition at any institution under the control and management of the Board of Regents, any nonresident member of the National Guard of the State of South Dakota who is eligible for any benefits under §§ 33-6-5 to 33-6-8 , inclusive, is considered a resident of South Dakota. The nonresident member is subject to tuition at the rates established for residents, and any benefits for which the nonresident member is eligible under §§ 33-6-5 to 33-6-8 , inclusive, shall be calculated based on resident tuition rates.

Source: SL 2006, ch 173, § 1.
S.D. Codified Laws § 33-12-19 — SD Code / Title 33 / Chapter 12 / Section 33-12-19
Board of survey respecting property losses--Notice and hearing--Appraisal and report--Payment for property--Disposition of funds
Status: in_force

The Governor may, at any time, convene a board of survey to condemn quartermaster and ordnance stores and supplies, or to appraise the loss sustained by the state from injury, want of repair, defects, or losses in any such quartermaster or ordnance stores issued to any officer of the National Guard. The board, after reasonable notice to the officer and hearing the officer's explanations or objections, shall appraise the property and make a report. The amount so appraised, if approved by the Governor, is conclusively deemed the amount of the officer's liability. The officer shall pay the amount into the state treasury, and the payments shall be deposited in a special fund known as the lost military property fund. The fund is available at all times for purchase by the quartermaster general, subject to the approval of the Governor, of any military property needed to replace that lost or destroyed.

Source: SL 2007, ch 187, § 124.
S.D. Codified Laws § 33-10-104 — SD Code / Title 33 / Chapter 10 / Section 33-10-104
Nonjurisdictional error
Status: in_force

The requirements of §§ 33-10-100 to 33-10-103 , inclusive, are binding on all persons administering this code but failure to follow them does not constitute jurisdictional error.

Source: SL 2012, ch 175, § 85.
S.D. Codified Laws § 33-10-87 — SD Code / Title 33 / Chapter 10 / Section 33-10-87
Absent members of court-martial
Status: in_force

No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.

Source: SL 2012, ch 175, § 68.
S.D. Codified Laws § 33A-1-22 — SD Code / Title 33A / Chapter 1 / Section 33A-1-22
County veterans' service officer--Approval by secretary of veterans affairs
Status: in_force

The board of county commissioners of each county in this state shall employ a county veterans' service officer, join with another county or counties in employing a county veterans' service officer, or contract with the Department of Veterans Affairs, to provide services as required by § 33A-1-24 . Employment as a county veterans' service officer is contingent upon approval by the secretary of veterans affairs.

Source: SL 1945, ch 183, § 1; SL 1949, ch 156; SL 1953, ch 218, § 2; SDC Supp 1960, § 41.0412; SL 1968, ch 161; SL 1976, ch 206, § 2; SL 2007, ch 187, § 157; SDCL § 33-16-24; SL 2011, ch 1 (Ex. Ord. 11-1), § 150, eff. Apr. 12, 2011; SL 2024, ch 124, § 1.
S.D. Codified Laws § 33-10-108 — SD Code / Title 33 / Chapter 10 / Section 33-10-108
Correction of charges or specifications
Status: in_force

If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal correction, and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.

Source: SL 2012, ch 175, § 89.
S.D. Codified Laws § 33-14-6 — SD Code / Title 33 / Chapter 14 / Section 33-14-6
Out-of-state service not required
Status: in_force

The South Dakota State Guard is not required to serve outside the boundaries of this state except as provided by § 33-14-7 .

Source: SL 1941, ch 174, § 5; SDC Supp 1960, § 41.01B05; SL 2007, ch 187, § 141.
S.D. Codified Laws § 33-10-111 — SD Code / Title 33 / Chapter 10 / Section 33-10-111
Unlawfully influencing action of court
Status: in_force

No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or their functions in the conduct of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to their judicial acts. The foregoing provisions of the section do not apply with respect to:

(1) General instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or

(2) Statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.

Source: SL 2012, ch 175, § 92.
S.D. Codified Laws § 33-10-280 — SD Code / Title 33 / Chapter 10 / Section 33-10-280
Drunk on duty
Status: in_force

Any person subject to this code other than a sentinel or lookout, who is found drunk on duty, shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 261.
S.D. Codified Laws § 33-10-64 — SD Code / Title 33 / Chapter 10 / Section 33-10-64
Jurisdiction of special courts-martial
Status: in_force

Subject to § 33-10-62 , special courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code except dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.

Source: SL 2012, ch 175, § 45.
S.D. Codified Laws § 33A-2-38 — SD Code / Title 33A / Chapter 2 / Section 33A-2-38
Veterans’ benefits matter--Written agreement--Retention--Disclosure
Status: in_force

Before rendering a service to advise, assist, or consult an individual in connection with a veterans' benefits matter, a person shall disclose the terms of the service and compensation for the service, in a written agreement that is signed by both parties. The person offering the services shall retain a copy of the written agreement for one year following the termination of the service.

In an easily identifiable place in the written agreement, the person offering services shall disclose that:

(1) The person is not sponsored by or affiliated with:

(a) The United States Department of Veterans' Affairs;

(b) The South Dakota Department of Veterans' Affairs; or

(c) Any other federally chartered veterans' service organization;

(2) Other organizations may provide the same service free of charge;

(3) The products or services offered by the person are not necessarily endorsed by any veterans' organization; and

(4) The individual receiving the service may qualify for other veterans' benefits beyond those offered by the person.

Source: SL 2025, ch 133, § 2.
S.D. Codified Laws § 33-10-215 — SD Code / Title 33 / Chapter 10 / Section 33-10-215
Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn
Status: in_force

If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn pursuant to § 33-10-193 or 33-10-194 , that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases if review is completed by an appellate court prescribed in § 33-10-209 , and is deemed final by the law of state where the judgment was had.

Source: SL 2012, ch 175, § 196.
S.D. Codified Laws § 33A-2-10 — SD Code / Title 33A / Chapter 2 / Section 33A-2-10
Veterans' bonus program--Definitions
Status: in_force

For the purposes of §§ 33A-2-12 to 33A-2-33 , inclusive, terms mean:

(1) "Armed forces," the United States Army, Air Force, Coast Guard, Marine Corps, Navy, and their components, including both men and women;

(2) "Bonus," the benefits provided under §§ 33A-2-10 to 33A-2-33 , inclusive;

(3) "Dependents of deceased veterans," or "dependents," any person standing in relation to a deceased veteran of: surviving spouse, child, mother, father, foster mother or father, regardless of whether or not the person was actually dependent upon the deceased veteran;

(4) "Secretary," the secretary of veterans affairs appointed pursuant to § 1-46A-1 ;

(5) "Legal resident," a person who for a period of not less than six months immediately preceding entry into the armed forces of the United States as defined by subdivision (1) was a resident in good faith of the State of South Dakota;

(6) "Veteran," any veteran as defined in § 33A-2-1 who served in the armed forces during the period beginning January 1, 1993, to a date to be determined by the South Dakota Legislature.

Source: SL 1969, ch 173, § 1; SL 1991, ch 268, § 1; SL 1992, ch 238, § 1; SL 2004, ch 225, § 1, eff. Mar. 9, 2004; SL 2007, ch 187, § 167; SDCL § 33-17-16; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 19, 20, eff. Apr. 12, 2011; SL 2020, ch 140, § 4.
S.D. Codified Laws § 33-1-16 — SD Code / Title 33 / Chapter 1 / Section 33-1-16
Rank of staff assistants--Compensation and traveling expenses
Status: in_force

Staff assistants in the Department of the Military shall be commissioned by the Governor and have such rank in the general staff of the National Guard as the Governor provides in the commission of each. Such staff officers are not entitled to any stated monthly or annual salary, but if employed on detailed duty by order of the commander in chief, they shall receive the usual compensation of their rank, unless otherwise directed by the Governor, and any traveling expenses authorized by § 3-9-2 , audited by the adjutant general and approved by the Governor.

Source: SL 1903, ch 185, § 5; SL 1913, ch 267, § 5; SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 1986, ch 27, § 21; SL 2007, ch 187, § 8; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.
S.D. Codified Laws § 33-9-2 — SD Code / Title 33 / Chapter 9 / Section 33-9-2
Absence of Governor--Authority of National Guard commanders
Status: in_force

If the Governor is absent or cannot be immediately communicated with, any civil officer named in § 33-9-1 may, if the civil officer deems the occasion sufficiently urgent, apply electronically, telephonically, or in writing to the commanding officer of any unit of the National Guard, who may, upon approval by the adjutant general, if the danger is great and imminent, order out of the unit such South Dakota National Guard members as the commanding officer deems necessary to the assistance of the civil officer.

Source: SL 1903, ch 185, § 27; SL 1917, ch 297, § 37; RC 1919, § 10597; SDC 1939, § 41.0149; SL 1951, ch 206; SL 2007, ch 187, § 78.
S.D. Codified Laws § 33-1-14 — SD Code / Title 33 / Chapter 1 / Section 33-1-14
Qualifications of staff officers--Term of office--Vacancies
Status: in_force

The staff officers of the Department of the Military, including authorized administrative assistants, shall have had previous military experience and shall hold their positions until they have reached the age of sixty years, unless retired prior to that time, by reason of resignation, disability, or for causes to be determined by a court-martial legally convened for the purpose; and vacancies in such offices shall be filled by appointment from the officers of the National Guard of the state.

Source: SL 1917, ch 297, § 7; RC 1919, § 10554; SDC 1939, § 41.0107; SL 1947, ch 180, § 3; SL 1964, ch 115, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-270 — SD Code / Title 33 / Chapter 10 / Section 33-10-270
Improper use of countersign
Status: in_force

Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it or who gives to another, who is entitled to receive and use the parole or countersign, a different parole or countersign from that which, to the person's knowledge, the person was authorized and required to give, shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 251.
S.D. Codified Laws § 33A-4-8 — SD Code / Title 33A / Chapter 4 / Section 33A-4-8
Appointment of subordinate employees--Removal
Status: in_force

The superintendent of the State Veterans' Home shall appoint, in accordance with the provisions of §§ 3-3-1 to 3-3-6 , inclusive, and subject to approval of the secretary of veterans affairs, such subordinate employees as are necessary for the proper conduct of the home. All subordinate employees appointed by such superintendent are subject to removal by the superintendent for inefficiency or misconduct.

Source: SL 1889, ch 114, § 18; SL 1895, ch 169, § 3; RPolC 1903, § 618; SL 1905, ch 157, § 6; SL 1911, ch 230, § 7; SL 1913, ch 325, § 7; RC 1919, § 9954; SL 1923, ch 269; SDC 1939, § 41.0207; SL 1970, ch 191, § 2; SL 1982, ch 254, § 2; SL 1989, ch 286, § 5; § 33-18-6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-184 — SD Code / Title 33 / Chapter 10 / Section 33-10-184
Provision of record to accused
Status: in_force

In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by § 33-10-182 .

Source: SL 2012, ch 175, § 165.
S.D. Codified Laws § 33A-4-36 — SD Code / Title 33A / Chapter 4 / Section 33A-4-36
Residence and right to vote preserved
Status: in_force

Each resident of the State Veterans Home is deemed a resident of the county in which the resident was residing at the time of admittance to the home and does not lose residence or the right to vote in the county.

Source: SDC 1939, § 41.0218 as enacted by SL 1951, ch 212, § 7; SL 2007, ch 187, § 222; § 33-18-32; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 34.
S.D. Codified Laws § 33-10-243 — SD Code / Title 33 / Chapter 10 / Section 33-10-243
Attempt defined
Status: in_force

An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

Source: SL 2012, ch 175, § 224.
S.D. Codified Laws § 33-14-3 — SD Code / Title 33 / Chapter 14 / Section 33-14-3
Requisition of arms and equipment from Department of Army--Availability of armories and equipment
Status: in_force

For the use of the South Dakota State Guard, the Governor may requisition from the Department of the Army any arms and equipment that are available. The Governor may make available to the South Dakota State Guard the facilities of state armories and their equipment and such other state premises and property as are available.

Source: SL 1941, ch 174, § 4; SL 1955, ch 144, § 3; SDC Supp 1960, § 41.01B04; SL 2007, ch 187, § 139.
S.D. Codified Laws § 33-10-174 — SD Code / Title 33 / Chapter 10 / Section 33-10-174
Restoration of pay
Status: in_force

If the sentence of a member who is reduced in pay grade pursuant to subdivision 33-10-173(1) is set aside or disapproved, or, as finally approved, does not include any punishment pursuant to subdivisions 33-10-173(1) or (2), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.

Source: SL 2012, ch 175, § 155.
S.D. Codified Laws § 33-3-11 — SD Code / Title 33 / Chapter 3 / Section 33-3-11
Orders issued by governor--Federal requirements
Status: in_force

The Governor may issue such orders as may be necessary for the government, organization, and discipline of the militia and of the national guard, as provided for in this title or as provided by the rules and regulations for the armed forces of the United States or as issued by the secretary of defense.

Source: SL 1887, ch 100, § 36; CL 1887, § 1952; SL 1903, ch 185, § 56; SL 1917, ch 297, § 84; RC 1919, § 10644; SDC 1939, § 41.0191; SL 1986, ch 272, § 2; SL 1990, ch 263, § 8.
S.D. Codified Laws § 33-11-5 — SD Code / Title 33 / Chapter 11 / Section 33-11-5
National guard and federal reserve use
Status: in_force

Agreements for the operation, maintenance, and use of the buildings referred to in § 33-11-3 shall be such as will ensure adequate accommodations and use for the national guard and the reserve components of the national military establishments of the United States.

Source: SL 1949, ch 159, § 3; SL 1955, ch 146, § 1; SDC Supp 1960, § 41.0192 (3).
S.D. Codified Laws § 33-10-177 — SD Code / Title 33 / Chapter 10 / Section 33-10-177
Waiver of forfeiture of pay and allowances for dependents of accused
Status: in_force

In a case involving an accused who has dependents, the convening authority or other person acting under this code may waive any or all of the forfeitures of pay and allowances required by § 33-10-175 for a period not to exceed six months. Any amount of pay or allowances that would be forfeited, except for a waiver under this section, shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

Source: SL 2012, ch 175, § 158.
S.D. Codified Laws § 33-10-67 — SD Code / Title 33 / Chapter 10 / Section 33-10-67
Who may convene general courts-martial
Status: in_force

A general court-martial may be convened by the Governor or the adjutant general.

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

Source: SL 2012, ch 175, § 48.
S.D. Codified Laws § 33-10-52 — SD Code / Title 33 / Chapter 10 / Section 33-10-52
Forms of punishment by major, lieutenant commander, or above
Status: in_force

Any commanding officer of the grade of major or lieutenant commander, or above may impose upon enlisted members of the officer's command the following:

(1) Any punishment authorized in subdivisions 33-10-51(1), (2), and (3);

(2) The forfeiture of not more than one-half of one month's pay per month for two months;

(3) A fine of not more than one month's pay;

(4) A reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;

(5) Extra duties, including fatigue or other duties, for not more than forty-five days which need not be consecutive; and

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

Source: SL 2012, ch 175, § 33.
S.D. Codified Laws § 33-12-23 — SD Code / Title 33 / Chapter 12 / Section 33-12-23
Unauthorized entry to remove military property--Felony
Status: in_force

Any unauthorized person who enters any fort, magazine, arsenal, armory, arsenal yard, or encampment, and removes any arms, ammunition, military stores, or supplies belonging to the National Guard, and any unauthorized person who enters any such place with intent to remove such property, is guilty of a Class 2 felony.

Source: PenC 1877, § 514; CL 1887, § 6715; RPenC 1903, § 536; RC 1919, § 3830; SDC 1939, § 13.1312; SL 1976, ch 158, § 43-6 ; SL 2006, ch 130, § 13; SL 2007, ch 187, § 127.
S.D. Codified Laws § 33-10-303 — SD Code / Title 33 / Chapter 10 / Section 33-10-303
Payment of fees, costs, and expenses
Status: in_force

The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice, not otherwise payable by any other source, shall be paid out of the military justice fund.

Source: SL 2012, ch 175, § 284.
S.D. Codified Laws § 33-6-3 — SD Code / Title 33 / Chapter 6 / Section 33-6-3
Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited
Status: in_force

Any National Guard unit or personnel performing any duty according to law have the right of way in any street or highway through which they may pass. However, the unit or personnel may not interfere with the legitimate functions of law enforcement personnel or with the progress and operations of fire and rescue, ambulance, and other emergency vehicles.

Source: SL 1887, ch 100, § 65; CL 1887, § 1981; RPolC 1903, § 2520; SL 1917, ch 297, § 74; RC 1919, § 10634; SDC 1939, § 41.0182; SL 2007, ch 187, § 65.
S.D. Codified Laws § 33-10-231 — SD Code / Title 33 / Chapter 10 / Section 33-10-231
Custody of facility director
Status: in_force

The director of the facility may retain custody of the person for not more than thirty days after transmitting the notifications required by § 33-10-229 .

Source: SL 2012, ch 175, § 212.
S.D. Codified Laws § 33-10-248 — SD Code / Title 33 / Chapter 10 / Section 33-10-248
Solicitation to commit misbehavior before the enemy or sedition
Status: in_force

Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of § 33-10-268 or sedition in violation of § 33-10-262 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 229.
S.D. Codified Laws § 33-10-204 — SD Code / Title 33 / Chapter 10 / Section 33-10-204
Dismissal when rehearing impracticable
Status: in_force

If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

Source: SL 2012, ch 175, § 185.
S.D. Codified Laws § 33-10-156 — SD Code / Title 33 / Chapter 10 / Section 33-10-156
Court to announce action
Status: in_force

A court-martial shall announce its findings and sentence to the parties as soon as determined.

Source: SL 2012, ch 175, § 137.
S.D. Codified Laws § 33-10-241 — SD Code / Title 33 / Chapter 10 / Section 33-10-241
Accessory after the fact
Status: in_force

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 222.
S.D. Codified Laws § 33-2-1 — SD Code / Title 33 / Chapter 2 / Section 33-2-1
Governor as commander of militia--Organized portion as South Dakota National Guard
Status: in_force

The Governor is the commander in chief of the militia of the state, the organized portion of which is known as the South Dakota National Guard.

Source: PolC 1877, ch 30, § 3; SL 1887, ch 100, § 5; CL 1887, § 1921; SL 1893, ch 117, § 3; SL 1901, ch 176, § 2; RPolC 1903, § 2463; SL 1903, ch 185, § 1; SL 1913, ch 267, § 1; SL 1917, ch 297, § 1; RC 1919, § 10548; SDC 1939, § 41.0101; SL 2007, ch 187, § 11.
S.D. Codified Laws § 33-12-24 — SD Code / Title 33 / Chapter 12 / Section 33-12-24
Adjutant general as proper party to incur expenses
Status: in_force

No officer of the National Guard, except the adjutant general, may incur any expenses to be paid by the state, except expenses that are authorized by this title.

Source: SL 1917, ch 297, § 11; RC 1919, § 10563; SL 1919, ch 256; SDC 1939, § 41.0116; SL 1947, ch 182; SL 1968, ch 159; SL 2007, ch 187, § 128.
S.D. Codified Laws § 33-10-60 — SD Code / Title 33 / Chapter 10 / Section 33-10-60
Promulgation of rules regarding records
Status: in_force

Rules promulgated by the Adjutant General, pursuant to chapter 1-26 , may prescribe the form of records to be kept of proceedings under this code and may prescribe that certain categories of those proceedings shall be in writing.

Source: SL 2012, ch 175, § 41; SL 2023, ch 109, § 12.
S.D. Codified Laws § 33A-2-8 — SD Code / Title 33A / Chapter 2 / Section 33A-2-8
Free recordation of military discharges--Certified copy availability--Request form
Status: in_force

A veteran may record, with a county register of deeds, any certificate of discharge from service in the armed forces of the United States or the National Guard, without charge.

The county register of deeds shall provide a certified copy of the veteran’s certificate of discharge, without charge, upon request from:

(1) The veteran;

(2) A representative of the Department of Veterans Affairs;

(3) An individual designated by the veteran to have access to the certificate;

(4) The veteran's legal representative;

(5) A veterans' service officer that is:

(a) Employed by a county in this state, pursuant to § 33A-1-22 ; or

(b) Appointed by an Indian tribe, pursuant to § 33A-1-29 ;

(6) A veterans service organization representative, accredited by the United States Department of Veterans Affairs; or

(7) The veteran's next of kin, if the veteran is deceased.

This section does not apply to a version of a veteran's certificate of discharge that does not display the veteran's type of discharge.

An individual requesting a certified copy of a veteran's certificate of discharge shall submit to the register of deeds a form, provided by the Department of Veterans Affairs, that discloses the individual's eligibility to be issued the certified copy pursuant to this section.

Source: SL 1943, ch 37; SL 1953, ch 23; SDC Supp 1960, § 12.0712-1; SL 2003, ch 176, § 1; SDCL § 33-17-14; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 20, 152, eff. Apr. 12, 2011; SL 2011, ch 152, § 16; SL 2015, ch 174, § 4, eff. Feb. 18, 2015; SL 2018, ch 199, § 3; SL 2026, ch 142, § 1.
S.D. Codified Laws § 33A-4-18 — SD Code / Title 33A / Chapter 4 / Section 33A-4-18
Claim for maintenance of deceased resident--Disposition of funds
Status: in_force

When an estate is left by a deceased resident of the State Veterans Home leaving no surviving spouse or dependent, the home shall file a claim against the estate of the deceased resident in the amount of the full maintenance charge for each month the resident was in the home, retroactive from the date of admission with proper credits allowed to the estate of the deceased resident for any payments made by the resident. However, the credits may not include any allowances of the state government. Any such money received from the deceased resident shall go to a capital fund of the home for repairs, equipment, improvements, or construction.

Source: SDC 1939, § 41.0215 as added by SL 1961, ch 206, § 2; SL 1965, ch 173; SL 1970, ch 191, § 6; SL 1987, ch 250, § 2; SL 2007, ch 187, § 216; § 33-18-15; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 19.
S.D. Codified Laws § 33-10-236 — SD Code / Title 33 / Chapter 10 / Section 33-10-236
Action when release would create substantial risk of injury or serious property damage
Status: in_force

If the court-martial fails to find by the standard specified in the state statute applicable to persons incompetent to stand trial, that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect:

(1) The general court-martial convening authority may commit the person to the custody of the state attorney general; and

(2) The state attorney general shall take action in accordance with the state statute applicable to persons incompetent to stand trial.

Source: SL 2012, ch 175, § 217.
S.D. Codified Laws § 33-10-102 — SD Code / Title 33 / Chapter 10 / Section 33-10-102
Demand for further investigation
Status: in_force

If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in § 33-10-101 , no further investigation of that charge is necessary unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall any witness for further cross-examination and to offer any new evidence in the accused's own behalf.

Source: SL 2012, ch 175, § 83.
S.D. Codified Laws § 33-21-2 — SD Code / Title 33 / Chapter 21 / Section 33-21-2
Purposes of Civil Air Patrol--Cooperation with federal government
Status: in_force

The Civil Air Patrol is hereby authorized upon the direction of the Governor, to fully cooperate with any department or agency of the State of South Dakota, or with the United States government or any department or agency thereof, for the purposes of providing communications, rescue work, mercy missions, aerial observation, or any other function within the scope of the activity of the Civil Air Patrol.

Source: SL 1953, ch 342, § 2; SDC Supp 1960, § 55.11A02; SDCL § 50-3-2 ; SL 2019, ch. 203, § 82.
S.D. Codified Laws § 33-10-251 — SD Code / Title 33 / Chapter 10 / Section 33-10-251
Desertion
Status: in_force

Any member of the state military forces who:

(1) Without authority goes or remains absent from the member's unit, organization, or place of duty with intent to remain away there from permanently;

(2) Quits the member's unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact that the member has not been regularly separated, or enters any foreign armed service except when authorized by the United States;

Source: SL 2012, ch 175, § 232.
S.D. Codified Laws § 33-12-9 — SD Code / Title 33 / Chapter 12 / Section 33-12-9
Commanding officer as legal custodian of property--Authorization to sue for recovery
Status: in_force

The commanding officer of any unit of the National Guard is the legal custodian of the money, property, and effects of the unit, whether the property is owned by the unit, or its members collectively, or has been issued to it or any of its officers, for its use, by the state or by the authority of the United States. The commanding officer may sue for the recovery and possession of any such property that is wrongfully withheld from the commanding officer's custody or the custody of the unit.

Source: SL 1903, ch 185, § 24; SL 1917, ch 297, § 25; RC 1919, § 10578; SDC 1939, § 41.0131; SL 2007, ch 187, § 114.
S.D. Codified Laws § 33-10-203 — SD Code / Title 33 / Chapter 10 / Section 33-10-203
Action by adjutant general
Status: in_force

The adjutant general may:

(1) Disapprove or approve the findings or sentence, in whole or in part;

(2) Remit, commute, or suspend the sentence in whole or in part;

(3) Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or

(4) Dismiss the charges.

Source: SL 2012, ch 175, § 184.
S.D. Codified Laws § 33-10-154 — SD Code / Title 33 / Chapter 10 / Section 33-10-154
Findings and rulings by court-martial composed of military judge only
Status: in_force

Sections 33-10-151 to § 33-10-153 , inclusive, do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition, on request, find the facts specially. If an opinion or memorandum of decision is filed, it shall be sufficient if the findings of fact appear in the opinion or memorandum.

Source: SL 2012, ch 175, § 135.
S.D. Codified Laws § 33-6-4 — SD Code / Title 33 / Chapter 6 / Section 33-6-4
Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs
Status: in_force

If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under authority or order of the member, or by virtue of any warrant issued by the member pursuant to law, the judge advocate general, or some other officer designated by the Governor, shall appear for the member, and the plaintiff in the suit may be required to file security for the payment of the costs that may be incurred by the defendant in the suit or proceedings. If the plaintiff is nonsuited or if a verdict or judgment is rendered against the plaintiff, the defendant shall recover double costs and such attorney fees as the court allows. The fees shall in the first instance be paid by the state and refunded by the defendant upon collection of the judgment.

Source: SL 1887, ch 100, § 55; CL 1887, § 1971; RPolC 1903, § 2508; SL 1903, ch 185, § 71; SL 1917, ch 297, § 73; RC 1919, § 10633; SDC 1939, § 41.0181; SL 2007, ch 187, § 66.
S.D. Codified Laws § 33-10-37 — SD Code / Title 33 / Chapter 10 / Section 33-10-37
Arrest or confinement of commissioned officer, warrant officer, or civilian
Status: in_force

A commissioned officer, a warrant officer, or a civilian subject to this code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.

Source: SL 2012, ch 175, § 18.
S.D. Codified Laws § 33-10-130 — SD Code / Title 33 / Chapter 10 / Section 33-10-130
Statute of limitations for new charges and specifications following dismissal for defect or insufficiency
Status: in_force

If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:

(1) Has expired; or

(2) Will expire within one hundred eighty days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in § 33-10-131 are met.

Source: SL 2012, ch 175, § 111.
S.D. Codified Laws § 33-12-30 — SD Code / Title 33 / Chapter 12 / Section 33-12-30
Special militia fund--Sources of funds
Status: in_force

All funds derived from the sale of property belonging to the military department, as provided in this title, and all other funds accruing to the national guard of the state from any source whatsoever other than the general fund appropriated by the Legislature shall be deposited with the state treasurer and by him credited to a fund designated "the special militia fund."

Source: SL 1913, ch 267, § 10; SL 1917, ch 297, § 12; RC 1919, § 10564; SDC 1939, § 41.0117; SL 1955, ch 145, § 1.
S.D. Codified Laws § 33-10-134 — SD Code / Title 33 / Chapter 10 / Section 33-10-134
Jeopardy where accused not found guilty
Status: in_force

A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of § 33-10-132 .

Source: SL 2012, ch 175, § 115.
S.D. Codified Laws § 33A-1-12 — SD Code / Title 33A / Chapter 1 / Section 33A-1-12
Qualifications of employees--Duties
Status: in_force

All employees of the Department of Veterans Affairs below the level of secretary shall be selected as provided by chapter 3-6D . However, any employee that holds the title of state veterans service officer must be a veteran who has served in the armed forces of the United States and is a citizen of the United States. All other employees must be veterans, if available. These employees shall perform duties assigned to them by the Department of Veterans Affairs.

Source: SL 1944 (SS), ch 3, § 4; SDC Supp 1960, § 41.0404; SL 2007, ch 187, § 152; SDCL § 33-16-13; SL 2011, ch 1 (Ex. Ord. 11-1), § 147, eff. Apr. 12, 2011; SL 2015, ch 176, § 1; SL 2023, ch 111, § 4.
S.D. Codified Laws § 33-6-7 — SD Code / Title 33 / Chapter 6 / Section 33-6-7
Member tuition benefit--Eligibility
Status: in_force

To be eligible for a tuition benefit under § 33-6-5 , 33-6-5.1 , 33-6-6 , or 33-6-5.6 , an individual must:

(1) Be a member of the South Dakota Army National Guard Unit or Air National Guard Unit throughout each semester or vocational program for which the member applies for benefits;

(2) Have satisfactorily completed required initial basic training;

(3) Have satisfactorily performed duty upon return from basic training, including a minimum ninety percent attendance on scheduled drill dates and at annual training with the member's parent unit;

(4) Maintain satisfactory academic progress; and

(5) Provide proper notice to the institution at the time of registration for the term in which the benefits are sought.

Source: SL 1975, ch 147, § 3; SL 1981, ch 253; SL 1985, ch 269, § 2; SL 2004, ch 222, § 1; SL 2023, ch 110, § 6; SL 2024, ch 123, § 3.
S.D. Codified Laws § 33A-4-35 — SD Code / Title 33A / Chapter 4 / Section 33A-4-35
Residence of members leaving home or adjudged mentally ill
Status: in_force

If a resident of the State Veterans Home is discharged from the home, or voluntarily leaves the home, or is adjudged mentally ill after admittance, the resident's residence is that of the county in which the resident was residing at the time of the resident's admittance to the home.

Source: SDC 1939, § 41.0214 as enacted by SL 1951, ch 212, § 3; SL 2007, ch 187, § 221; § 33-18-31; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 33.
S.D. Codified Laws § 33-14-15 — SD Code / Title 33 / Chapter 14 / Section 33-14-15
Draft into federal service not authorized--Members not exempt from draft
Status: in_force

Nothing in this chapter authorizes any part of the South Dakota State Guard to be called, ordered, or in any manner drafted as such into the military service of the United States. However, no person by reason of the person's enlistment or commission in any such forces may be exempted from military service under any law of the United States.

Source: SL 1941, ch 174, § 7; SDC Supp 1960, § 41.01B07; SL 2007, ch 187, § 147.
S.D. Codified Laws § 33-14-13 — SD Code / Title 33 / Chapter 14 / Section 33-14-13
National guard laws as governing state guard
Status: in_force

The South Dakota State Guard shall, in so far as practicable be governed by and subject to the laws of the state pertaining to the national guard.

Source: SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01.
S.D. Codified Laws § 33-10-54 — SD Code / Title 33 / Chapter 10 / Section 33-10-54
Duration of consecutive punishments
Status: in_force

Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there shall be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.

Source: SL 2012, ch 175, § 35.
S.D. Codified Laws § 33A-1-13 — SD Code / Title 33A / Chapter 1 / Section 33A-1-13
Representation of veterans
Status: in_force

The Department of Veterans Affairs shall act as the agent of any veteran, National Guard or Reserve member, and any dependent of a veteran or member of the state having a claim against the United States arising from or connected with service in the armed forces. The department shall prosecute the claim without charge.

Source: SL 1944 (SS), ch 3, § 5; SL 1947, ch 184; SDC Supp 1960, § 41.0405 (1); SDCL § 33-16-14; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011; SL 2011, ch 152, § 7.
S.D. Codified Laws § 33-10-230 — SD Code / Title 33 / Chapter 10 / Section 33-10-230
Action by general court-martial convening authority or attorney general
Status: in_force

Upon receipt of a notification, the general court-martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this code. If the person is no longer subject to this code, the state attorney general shall take any action within the authority of the state attorney general that the state attorney general considers appropriate regarding the person.

Source: SL 2012, ch 175, § 211.
S.D. Codified Laws § 33-10-66 — SD Code / Title 33 / Chapter 10 / Section 33-10-66
Objection to trial by summary courts-martial
Status: in_force

No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.

Source: SL 2012, ch 175, § 47.
S.D. Codified Laws § 33-6-5.5 — SD Code / Title 33 / Chapter 6 / Section 33-6-5.5
Member tuition benefit--In-state, private, nonprofit postsecondary institution--Participation--Estimate submission
Status: in_force

Any private, nonprofit postsecondary institution located in this state, recognized as an exempt organization under 26 U.S.C. § 501(c)(3) as of January 1, 2024, and authorized to provide educational programs pursuant to chapter 13-48 , may participate in the state's tuition benefit program for members of the South Dakota National Guard. To participate in the program, the institution must agree to accept the amount of the state tuition benefit for an undergraduate degree program under § 33-6-5 or for a graduate degree program under § 33-6-5.1 and the amount of any federal tuition benefit as full and complete payment of tuition for any student who meets the institution's admission requirements and the eligibility requirements of § 33-6-7 . The participating institution shall collect the tuition benefit on behalf of an eligible student by submitting a request for payment to the Department of the Military on a form prescribed by the department. The department shall send the tuition benefit to the institution within sixty days of receiving the request for payment.

Each participating institution shall submit an estimate of the total number of students who will be enrolled in an undergraduate or graduate program, pursuant to this section, at the institution and eligible for the state tuition benefit to the department annually by July first.

Source: SL 2024, ch 123, § 1.
S.D. Codified Laws § 33-10-170 — SD Code / Title 33 / Chapter 10 / Section 33-10-170
Place of confinement
Status: in_force

A sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place authorized by this code. Any person so confined is subject to the same discipline and treatment as any person regularly confined or committed to that place of confinement.

Source: SL 2012, ch 175, § 151.
S.D. Codified Laws § 33-10-30 — SD Code / Title 33 / Chapter 10 / Section 33-10-30
Apprehension defined
Status: in_force

Apprehension is the taking of a person into custody.

Source: SL 2012, ch 175, § 11.
S.D. Codified Laws § 33-10-283 — SD Code / Title 33 / Chapter 10 / Section 33-10-283
Misbehavior of sentinel
Status: in_force

Any sentinel or look-out who is found drunk, or under the influence of a controlled substance identified in § 33-10-282 , or sleeping upon the sentinel's or look-out's post or leaves it before being properly relieved, shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 264.
S.D. Codified Laws § 33-10-77 — SD Code / Title 33 / Chapter 10 / Section 33-10-77
Qualifications of military judge
Status: in_force

A military judge shall be:

(1) An active or retired commissioned officer of an organized state or federal military force;

(2) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years; and

(3) Certified as qualified for duty as a military judge by the senior force judge advocate which is the same force as the accused.

Source: SL 2012, ch 175, § 58.
S.D. Codified Laws § 33A-2-28 — SD Code / Title 33A / Chapter 2 / Section 33A-2-28
False application--Misdemeanor
Status: in_force

Any person who falsely applies for a veteran's bonus under the provisions of §§ 33A-2-10 to 33A-2-33 , inclusive, is guilty of a Class 1 misdemeanor.

Source: SL 1969, ch 173, § 17; SL 2007, ch 187, § 182; SDCL § 33-17-33; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-7-7 — SD Code / Title 33 / Chapter 7 / Section 33-7-7
Medical care of temporarily injured or ill members--Continuation of pay and allowances
Status: in_force

Any member of the National Guard who is temporarily injured or who becomes temporarily ill while serving on state active duty shall receive medical care at the expense of the state until cleared to return to the member's regular employment by a medical review board appointed by the adjutant general. The injured or ill member shall remain on state active duty and shall receive full pay and allowances until released by the board.

Source: SL 1901, ch 176, § 8; RPolC 1903, § 2497; SL 1903, ch 185, § 76; SL 1917, ch 297, § 77; RC 1919, § 10637; SDC 1939, § 41.0185; SL 1957, ch 206; SL 2007, ch 187, § 68.
S.D. Codified Laws § 33-3-7 — SD Code / Title 33 / Chapter 3 / Section 33-3-7
Recruiting additional authorized units
Status: in_force

If the President authorizes the recruiting and presentation for muster of a unit or organization of any arm of the service, the recruiting of the unit or organization shall be done in accordance with the rules promulgated by the Governor pursuant to chapter 1-26 .

Source: SL 1917, ch 297, § 36; RC 1919, § 10596; SDC 1939, § 41.0148; SL 2007, ch 187, § 24.
S.D. Codified Laws § 33-1-11 — SD Code / Title 33 / Chapter 1 / Section 33-1-11
Seal of department
Status: in_force

The department shall have a seal which shall bear the words "Seal of the Department of the Military."

Source: SL 1955, ch 150, § 1; SDC Supp 1960, § 41.01A01; SL 1964, ch 116; SL 1986, ch 272, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-5-1 — SD Code / Title 33 / Chapter 5 / Section 33-5-1
Qualifications and procedures for enlistment
Status: in_force

Any person who is a citizen of the United States, or has declared the intention to become a citizen, who is within the age limits currently authorized by the Department of Defense for enlistment in the active components of the United States armed forces, may be enlisted in the South Dakota National Guard under the restrictions of this title. The qualifications and procedures for enlistment are the same as those prescribed for admission to the reserve components of the armed forces of the United States.

Source: PolC 1877, ch 30, § 12; SL 1887, ch 100, § 15; CL 1887, § 1931; SL 1893, ch 117, § 7; RPolC 1903, § 2473; SL 1913, ch 267, § 26; SL 1917, ch 297, § 32; RC 1919, § 10586; SDC 1939, § 41.0138; SL 1947, ch 180, § 5; SL 1972, ch 186, § 1; SL 2007, ch 187, § 52.
S.D. Codified Laws § 33A-2-18 — SD Code / Title 33A / Chapter 2 / Section 33A-2-18
Bonus amount for veteran with service connected disability
Status: in_force

Notwithstanding the provisions of § 33A-2-15 , if any veteran who qualifies for a bonus pursuant to § 33A-2-13 is rated ten percent or more disabled for service connected disability or disabilities by the veterans administration as a result of wounds or injuries or illness incurred while on active duty in the areas or periods specified in § 33A-2-13 regardless of the length of such service, the veteran's bonus shall be in the amount of five hundred dollars.

Source: SL 1972, ch 190, § 1; SL 1991, ch 268, § 5; SL 1992, ch 238, § 8; SL 2007, ch 187, § 172; SDCL § 33-17-24.1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-3-21 — SD Code / Title 33 / Chapter 3 / Section 33-3-21
Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor
Status: in_force

The commanding officer of any parade or drill of the National Guard, and the officer in charge of any rendezvous or camp, may cause the area selected for that purpose to be marked and designated in such manner as not unnecessarily to obstruct travel on any public highway. If any person, during the occupation of the area for military purposes, enters the designated area without the permission of the officer, the person may be arrested and kept under guard by order of the officer until such reasonable time as necessary to procure the person's arrest by the civil authorities. Any such offender is also guilty of a Class 2 misdemeanor.

Source: SL 1903, ch 185, § 29; SL 1917, ch 297, § 39; RC 1919, § 10599; SDC 1939, § 41.0150; SL 1977, ch 190, § 1; SL 2007, ch 187, § 30.
S.D. Codified Laws § 33A-2-13 — SD Code / Title 33A / Chapter 2 / Section 33A-2-13
Eligibility for bonus--Dependents of deceased veterans
Status: in_force

A veterans bonus shall be paid to any veteran, or to the dependents of a deceased veteran, if the veteran was a legal resident of the State of South Dakota for at least six months immediately preceding entry into the armed forces of the United States, if the veteran is still in the armed forces or was separated or discharged from the armed forces honorably or under honorable conditions, and if the veteran either:

(1) Served for at least thirty days on active duty in the armed forces of the United States and received or is eligible to receive the armed forces expeditionary medal, Kosovo campaign medal, global war on terrorism expeditionary medal, global war on terrorism service medal, Afghanistan campaign medal, Iraq campaign medal, or southwest Asia service medal or other United States campaign or service medal awarded for participation outside the boundaries of the United States in combat operations against hostile forces for service in the armed forces from January 1, 1993, to a date to be determined by the South Dakota Legislature; or

(2) Served for at least thirty days on active duty in the armed forces of the United States, a portion of which shall have been during the period from September 11, 2001, to a date to be determined by the South Dakota Legislature.

The act of performing military duty in the State of South Dakota at an assigned military station does not in itself constitute residency for bonus purposes. However, a veteran who does not meet the South Dakota residency requirements of this section, but who would otherwise qualify for a bonus pursuant to this section based on service in a unit of the South Dakota National Guard or a South Dakota-based unit of the armed forces reserve, is eligible for the bonus if the veteran is not eligible for a similar benefit from any other state.

Source: SL 1969, ch 173, § 7; SL 1973, ch 219, § 1; SL 1991, ch 268, § 2; SL 1992, ch 238, § 2; SL 1993, ch 243, § 1; SL 2004, ch 225, § 2, eff. Mar. 9, 2004; SL 2007, ch 187, § 168; SDCL § 33-17-20 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-2-15 — SD Code / Title 33A / Chapter 2 / Section 33A-2-15
Amount of bonus
Status: in_force

Any bonus earned pursuant to § 33A-2-13 that is based on qualifying service during the period September 11, 2001, to a date to be determined by the Legislature, shall be paid at the rate of one hundred dollars for the first month and twenty dollars for each subsequent month of active duty in the armed forces during such period, to a maximum bonus of two hundred forty dollars. However, any person who qualifies for a bonus pursuant to § 33A-2-13 and who has received or is eligible to receive a United States campaign or service medal awarded for participation outside the boundaries of the United States in combat operations against hostile forces, shall, for the time served in one or more such areas qualifying for any of the medals listed in this section, be paid one hundred fifty dollars for the first month and fifty dollars for each subsequent month of such service, up to a maximum bonus, together with any payments pursuant to this section for service not qualifying for any such medal, of five hundred dollars.

Source: SL 1969, ch 173, § 8; SL 1991, ch 268, § 3; SL 1992, ch 238, § 4; SL 1993, ch 243, § 2; SL 2004, ch 225, § 3, eff. Mar. 9, 2004; SL 2007, ch 187, § 170; SDCL § 33-17-22; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011; SL 2018, ch 199, § 5.
S.D. Codified Laws § 33-10-235 — SD Code / Title 33 / Chapter 10 / Section 33-10-235
Report of hearing results
Status: in_force

A report of the results of the hearing shall be made to the general court-martial convening authority for the person.

Source: SL 2012, ch 175, § 216.
S.D. Codified Laws § 33-10-234 — SD Code / Title 33 / Chapter 10 / Section 33-10-234
Hearing on mental condition
Status: in_force

The court-martial shall conduct a hearing on the mental condition in accordance with the state statute applicable to persons incompetent to stand trial.

Source: SL 2012, ch 175, § 215.
S.D. Codified Laws § 33-10-146 — SD Code / Title 33 / Chapter 10 / Section 33-10-146
Defense of lack of mental responsibility
Status: in_force

It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.

Source: SL 2012, ch 175, § 127.
S.D. Codified Laws § 33-10-29 — SD Code / Title 33 / Chapter 10 / Section 33-10-29
Judge advocate to reviewing authority
Status: in_force

No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.

Source: SL 2012, ch 175, § 10.
S.D. Codified Laws § 33-10-55 — SD Code / Title 33 / Chapter 10 / Section 33-10-55
Arrest in quarters or restriction--Notice regarding right to trial by court-martial
Status: in_force

Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. If the commanding officer determines that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court-martial. If the commanding officer determines that the punishment options do not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by courts-martial in lieu of nonjudicial punishment.

Source: SL 2012, ch 175, § 36.
S.D. Codified Laws § 33-10-125 — SD Code / Title 33 / Chapter 10 / Section 33-10-125
Oath of witness
Status: in_force

Each witness before a court-martial shall be examined under oath or affirmation.

Source: SL 2012, ch 175, § 106.
S.D. Codified Laws § 33A-1-11 — SD Code / Title 33A / Chapter 1 / Section 33A-1-11
Annual report
Status: in_force

The secretary shall make an annual written report to the Governor. The report must be open to public inspection.

Source: SL 1944 (SS), ch 3, § 6; SDC Supp 1960, § 41.0406; SDCL § 33-16-12; SL 2011, ch 1 (Ex. Ord. 11-1), § 146, eff. Apr. 12, 2011; SL 2023, ch 111, § 3.
S.D. Codified Laws § 33-14-11 — SD Code / Title 33 / Chapter 14 / Section 33-14-11
Term of enlistment--Renewal--Oath for enlisted members
Status: in_force

No person may be enlisted in the South Dakota State Guard for more than one year, but such enlistment may be renewed. The oath to be taken upon enlistment in the South Dakota State Guard shall be substantially in the form prescribed for enlisted members of the National Guard, substituting the words South Dakota State Guard where necessary.

Source: SL 1941, ch 174, § 11; SDC Supp 1960, § 41.01B11; SL 2007, ch 187, § 145.
S.D. Codified Laws § 33-10-140 — SD Code / Title 33 / Chapter 10 / Section 33-10-140
Contempt
Status: in_force

A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder.

A person subject to this code may be punished for contempt by confinement not to exceed thirty days or a fine of one hundred dollars, or both.

A person not subject to this code may be punished for contempt by a military court in the same manner as a criminal court of the state.

Source: SL 2012, ch 175, § 121.
S.D. Codified Laws § 33-10-129 — SD Code / Title 33 / Chapter 10 / Section 33-10-129
Limitation period during wartime
Status: in_force

If the United States is at war, the running of any statute of limitations applicable to any offense under this code:

(1) Involving fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not;

(2) Committed in connection with the acquisition, care, handling, custody, control, or disposition of any real or personal property of the United States or any state; or

(3) Committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of any contract, subcontract, or purchase order which is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or government agency;

Source: SL 2012, ch 175, § 110.
S.D. Codified Laws § 33-10-247 — SD Code / Title 33 / Chapter 10 / Section 33-10-247
Solicitation to desert or mutiny
Status: in_force

Any person subject to this code who solicits or advises another or others to desert in violation of § 33-10-251 or mutiny in violation of § 33-10-262 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 228.
S.D. Codified Laws § 33-9-11 — SD Code / Title 33 / Chapter 9 / Section 33-9-11
Compensation and expenses during active service
Status: in_force

In active service pursuant to §§ 33-9-1 to 33-9-3 , inclusive, the compensation and expenses of the national guard and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated.

Source: SDC 1939, § 41.0149; SL 1951, ch 206.
S.D. Codified Laws § 33-10-307 — SD Code / Title 33 / Chapter 10 / Section 33-10-307
Immunity for action of military courts
Status: in_force

Any person acting under the provisions of this code, whether as a member of the military or as a civilian, is immune from any personal liability for any of the acts or omissions which the person did or failed to do as part of the person's duties under this code.

Source: SL 2012, ch 175, § 288.
S.D. Codified Laws § 33-10-110 — SD Code / Title 33 / Chapter 10 / Section 33-10-110
Promulgation of procedural rules by Governor or adjutant general
Status: in_force

Pretrial, trial, and post-trial procedures, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may be prescribed by the Governor or the adjutant general by rules promulgated pursuant to chapter 1-26 , or as otherwise provided by law, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the armed forces but which may not be contrary to or inconsistent with this code.

Source: SL 2012, ch 175, § 91.
S.D. Codified Laws § 33-12-4 — SD Code / Title 33 / Chapter 12 / Section 33-12-4
Custody of flags
Status: in_force

The adjutant general is the custodian of all flags and colors of South Dakota troops engaged in any war, and shall provide for their care and custody as the Governor directs. The adjutant general also has charge of all regimental flags and colors of the militia of the state when not in use.

Source: SL 1917, ch 297, § 83; RC 1919, § 10643; SDC 1939, § 41.0111; SL 2007, ch 187, § 109.
S.D. Codified Laws § 33A-1-16 — SD Code / Title 33A / Chapter 1 / Section 33A-1-16
Benefits secured by department
Status: in_force

The Department of Veterans Affairs shall cooperate with all national, state, county, municipal, and private social agencies in securing to veterans, National Guard or Reserve members, and their dependents, the benefits provided by national, state, and county laws, municipal ordinances, or public or private social agencies.

Source: SL 1944 (SS), ch 3, § 5; SL 1947, ch 184; SDC Supp 1960, § 41.0405 (5); SL 2007, ch 187, § 153; SDCL § 33-16-18; SL 2011, ch 1 (Ex. Ord. 11-1), § 149, eff. Apr. 12, 2011; SL 2011, ch 151, § 1; SL 2011, ch 152, § 9; SL 2023, ch 111, § 5.
S.D. Codified Laws § 33-6-5.4 — SD Code / Title 33 / Chapter 6 / Section 33-6-5.4
Member tuition benefit--Federal tuition benefit defined
Status: in_force

For the purposes of this chapter, the term, federal tuition benefit, means a tuition benefit provided by the United States Department of Defense, United States Department of the Army, or the United States Department of the Air Force. The term, federal tuition benefit, excludes any benefits or entitlements provided by the United States Department of Veterans Affairs.

Source: SL 2023, ch 110, § 7.
S.D. Codified Laws § 33-10-69 — SD Code / Title 33 / Chapter 10 / Section 33-10-69
Who may convene summary courts-martial
Status: in_force

A summary court-martial may be convened by:

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

(2) The commanding officer of a detached company or other detachment, or corresponding unit of the Army;

(3) The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or

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

If only one commissioned officer is present with a command or detachment that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. A summary court-martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.

Source: SL 2012, ch 175, § 50.
S.D. Codified Laws § 33-10-169 — SD Code / Title 33 / Chapter 10 / Section 33-10-169
Deferment of sentence to confinement while review pending
Status: in_force

In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case pursuant to § 33-10-209 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.

Source: SL 2012, ch 175, § 150.
S.D. Codified Laws § 33-10-197 — SD Code / Title 33 / Chapter 10 / Section 33-10-197
Diligent prosecution of appeal
Status: in_force

An appeal pursuant to §§ 33-10-195 and 33-10-196 shall be diligently prosecuted as provided by law.

Source: SL 2012, ch 175, § 178.
S.D. Codified Laws § 33A-2-39 — SD Code / Title 33A / Chapter 2 / Section 33A-2-39
Veterans’ benefits matter--Restrictions on service providers--One-year release--Contingent, limited compensation
Status: in_force

When providing a service to advise, assist, or consult an individual in connection with a veterans' benefits matter, a person may not:

(1) Charge:

(a) An initial fee; or

(b) A nonrefundable fee;

(2) Guarantee, either directly or by implication:

(a) A successful outcome;

(b) The reception of a specific veterans' benefit; or

(c) The reception of a level, percentage, or amount of a veterans' benefit;

(3) Receive compensation for a service rendered in connection with a claim filed within the one-year presumptive period of release from active duty, unless the individual requesting the service signs a waiver stating that the individual:

(a) Is within the one-year presumptive period of active duty release; and

(b) Has chosen to deny free services available to the individual; or

(4) Use:

(a) International call centers or data centers for processing veterans’ personal information; or

(b) A veteran’s personal log-in, username, or password information to access that veteran’s medical, financial, or government benefits information.

Any compensation received for a service to advise, assist, or consult an individual in connection with a veterans' benefits matter must be contingent upon an increase in the benefit awarded to the individual and must not exceed an amount equal to five times the monthly increase in benefits awarded based on the claim.

No person may receive compensation for referring an individual to another person to advise or assist the individual with any veterans’ benefits matter.

Source: SL 2025, ch 133, § 3.
S.D. Codified Laws § 33A-5-10 — SD Code / Title 33A / Chapter 5 / Section 33A-5-10
Retention of federal memorial pending payment for funeral or burial prohibited
Status: in_force

The provisions of § 44-11-9 or any other provision of law notwithstanding, if a funeral director, operator of a cemetery, or other individual involved with the funeral or burial of a veteran is in possession of a headstone, memorial headstone, or marker provided by the United States government in memory of the veteran, the director, operator, or individual may not retain possession of the headstone, memorial headstone, or marker pending payment for property associated with the funeral or burial or for services rendered.

Source: SL 2011, ch 152, § 26.
S.D. Codified Laws § 33-12-6 — SD Code / Title 33 / Chapter 12 / Section 33-12-6
Issuance of military property to authorized persons or organizations
Status: in_force

The adjutant general shall issue military property as the Governor directs and under the Governor's direction shall make purchases for that purpose. Military property may only be issued to persons or organizations belonging to the organized militia.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10558; SDC 1939, § 41.0112; SL 1967, ch 171, § 1; SL 2007, ch 187, § 111.
S.D. Codified Laws § 33-11-7 — SD Code / Title 33 / Chapter 11 / Section 33-11-7
Donations by local authorities authorized--Tax levy--Vote of electors--Matching state funds
Status: in_force

Counties, school districts, or municipalities may contribute land, money, buildings, or other property for the purposes of this chapter. Any first or second class municipality may levy a tax upon all property within the municipality subject to taxation to raise the necessary money for an armory building or other facility and site. However, no money raised by such tax may be donated or tax levied until the donation or levy is authorized by a vote of a majority of the electors in the municipality at an election called for that purpose. Any contribution of money from a county, school district, or municipality for the construction of an armory shall be matched with a sum appropriated from the state treasury that is not greater than fifty percent of the total local effort required by the Department of the Military or the United States Department of Defense.

Source: SL 1917, ch 297, § 89; RC 1919, § 10649; SDC 1939, § 41.0196; SL 1951, ch 209; SL 1992, ch 60, § 2; SL 2006, ch 174, § 2; SL 2007, ch 187, § 103; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-261 — SD Code / Title 33 / Chapter 10 / Section 33-10-261
Cruelty and maltreatment
Status: in_force

Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to the person's orders shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 242.
S.D. Codified Laws § 33-10-48 — SD Code / Title 33 / Chapter 10 / Section 33-10-48
Failure of enlisted member to report for duty--Arrest--Fees--Promulgation of rules
Status: in_force

If the Governor, as commander in chief, issues an order to the National Guard, or any portion thereof, or the commanding officer of an organization issues any order, to perform any military duty that may be required under the law and regulations, and any enlisted servicemember fails to report for duty, any law enforcement officer shall, upon written request of the commanding officer of such company or troop, if furnished with a copy of the order of the Governor or the commanding officer of the organization, arrest the enlisted servicemember and deliver that enlisted servicemember in person to the commanding officer wherever the commanding officer may direct. The law enforcement officer shall be allowed the same fees and mileage for such service as are now allowed by law in criminal cases. The fees and mileage shall in the first instance be paid by the state if the servicemember's duties are in the service of the state, otherwise the fees and mileage shall be paid as the United States so provides. The fees and mileage may be recovered from the servicemember in accordance with the rules and regulations of the United States armed forces. The Adjutant General may promulgate rules, pursuant to chapter 1-26 , to provide for the recovery of fines and mileage from a servicemember who fails to report for military duty as ordered.

Source: SL 2012, ch 175, § 29; SL 2023, ch 109, § 11.
S.D. Codified Laws § 33-10-217 — SD Code / Title 33 / Chapter 10 / Section 33-10-217
Probation violation--Hearing--Representation by counsel
Status: in_force

Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.

Source: SL 2012, ch 175, § 198.
S.D. Codified Laws § 33-10-83 — SD Code / Title 33 / Chapter 10 / Section 33-10-83
Counsel may not have been investigator, military judge, witness, court member, or opposing counsel
Status: in_force

No person who has acted as investigating officer, military judge, witness or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.

Source: SL 2012, ch 175, § 64.
S.D. Codified Laws § 33-10-155 — SD Code / Title 33 / Chapter 10 / Section 33-10-155
Number of votes required
Status: in_force

No person may be convicted of an offense except as provided in § 33-10-136 or by the concurrence of two-thirds of the members present at the time the vote is taken.

All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.

Source: SL 2012, ch 175, § 136.
S.D. Codified Laws § 33-12-8 — SD Code / Title 33 / Chapter 12 / Section 33-12-8
Disposition of unsuitable property--Public auction or private sale--Procedure--Accounting
Status: in_force

Any military property of the state which, after a proper inspection, is found unsuitable for the use of the state shall, under direction of the Governor, be disposed of by the quartermaster general at public auction or private sale. The sale shall be advertised at least once each week for two successive weeks, in at least one legal newspaper published in the first or second class municipality or county where the sale is to take place, if so ordered by the Governor. The quartermaster general shall bid in the property or suspend the sale if, in the quartermaster general's opinion, better prices may or should be obtained. The quartermaster general shall periodically render to the Governor an accurate account of the sales so made and deposit the proceeds with the state treasurer to the credit of the special militia fund.

Source: SL 1913, ch 267, § 8; SL 1917, ch 297, § 9; RC 1919, § 10556; SDC 1939, § 41.0109; SL 1972, ch 28, § 13; SL 1992, ch 60, § 2; SL 2007, ch 187, § 113.
S.D. Codified Laws § 33-10-299 — SD Code / Title 33 / Chapter 10 / Section 33-10-299
Administration of oaths necessary in performance of duties
Status: in_force

The following persons may administer oaths necessary in the performance of their duties:

(1) The president, military judge, and trial counsel for all general and special courts-martial;

(2) The president and the counsel for the court of any court of inquiry;

(3) All officers designated to take a deposition;

(4) All persons detailed to conduct an investigation;

(5) All recruiting officers; and

(6) All other persons designated by regulations of the armed forces of the United States or by statute.

Source: SL 2012, ch 175, § 280.
S.D. Codified Laws § 33-10-178 — SD Code / Title 33 / Chapter 10 / Section 33-10-178
Restoration of pay and allowances
Status: in_force

If the sentence of a member who forfeits pay and allowances pursuant to § 33-10-175 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in § 33-10-176 , the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

Source: SL 2012, ch 175, § 159.
S.D. Codified Laws § 33A-5-11 — SD Code / Title 33A / Chapter 5 / Section 33A-5-11
State veterans cemetery operating fund--Fee for burial--Promulgation of rules
Status: in_force

There is hereby created in the state treasury the South Dakota State Veterans Cemetery operating fund, into which shall be deposited disbursements from the endowment fund created in § 33A-5-12 , donations to the cemetery, and revenues generated by the South Dakota State Veterans Cemetery. The Department of Veterans Affairs may promulgate rules pursuant to chapter 1-26 to establish a fee for burial of an eligible spouse or dependent at the South Dakota State Veterans Cemetery. The fee may not exceed the United States Department of Veterans Affairs maximum plot allowance for a non-service connected death of a veteran.

Source: SL 2018, ch 201, § 1, eff. Mar. 23, 2018; SL 2021, ch 138, § 1, eff. Mar. 21, 2021.
S.D. Codified Laws § 33-10-62 — SD Code / Title 33 / Chapter 10 / Section 33-10-62
Jurisdiction of courts-martial in general
Status: in_force

Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this code. Additionally, the Army and Air National Guard state military forces have court-martial jurisdiction over all members subject to this code.

Source: SL 2012, ch 175, § 43.
S.D. Codified Laws § 33A-1-29 — SD Code / Title 33A / Chapter 1 / Section 33A-1-29
Tribal veterans' service officers
Status: in_force

An Indian tribe, as defined in § 2-14-2 , may appoint a veterans' service officer to serve under the same terms and conditions as a county veterans' service officer, as provided for in §§ 33A-1-22 to 33A-1-28 , inclusive, or may contract with the Department of Veterans Affairs to provide the services of a veterans' service officer pursuant to § 33A-1-24 . Any officer appointed or contracted with pursuant to this section is a tribal veterans' service officer.

Source: SL 1975, ch 215; SDCL § 33-16-28.1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2024, ch 124, § 2; SL 2026, ch 19, § 12.
S.D. Codified Laws § 33-4-2 — SD Code / Title 33 / Chapter 4 / Section 33-4-2
Citizenship and qualifications--Previous expulsion from service
Status: in_force

Any commissioned officer of the National Guard shall be a citizen of the United States and be either a qualified resident of this state or a nonresident who is accepted into service of the South Dakota National Guard. Any commissioned officer shall further meet the qualifications prescribed by federal law and the regulations of the Department of Defense. No person who has been expelled from or has received a less than honorable discharge from any branch of the armed forces of the United States or from any military organization of any state may be commissioned.

Source: SL 1913, ch 267, § 17; SL 1917, ch 297, § 20; RC 1919, § 10573; SDC 1939, § 41.0126; SL 1969, ch 168; SL 2007, ch 187, § 35.
S.D. Codified Laws § 33-10-73 — SD Code / Title 33 / Chapter 10 / Section 33-10-73
Court-martial member to be senior to accused
Status: in_force

If it can be avoided, no person subject to this code may be tried by a court-martial where any member is junior to the accused in rank or grade.

Source: SL 2012, ch 175, § 54.
S.D. Codified Laws § 33-10-269 — SD Code / Title 33 / Chapter 10 / Section 33-10-269
Subordinate compelling surrender
Status: in_force

Any person subject to this code who compels or attempts to compel the commander of any of the state military forces of the state, or of any other state, place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.

Source: SL 2012, ch 175, § 250.
S.D. Codified Laws § 33-10-42 — SD Code / Title 33 / Chapter 10 / Section 33-10-42
Receiving of prisoners
Status: in_force

No person authorized to receive prisoners pursuant to this code may refuse to receive or keep any prisoner committed to the person's charge by a commissioned officer of the state military forces, if the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.

Source: SL 2012, ch 175, § 23.
S.D. Codified Laws § 33-10-181 — SD Code / Title 33 / Chapter 10 / Section 33-10-181
Prompt report of findings and sentence to convening authority
Status: in_force

The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.

Source: SL 2012, ch 175, § 162.
S.D. Codified Laws § 33-10-213 — SD Code / Title 33 / Chapter 10 / Section 33-10-213
Appointment of judge advocate to represent accused
Status: in_force

Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in §§ 33-10-211 and 33-10-212 .

Source: SL 2012, ch 175, § 194.
S.D. Codified Laws § 33-10-272 — SD Code / Title 33 / Chapter 10 / Section 33-10-272
Captured or abandoned property--Offenses
Status: in_force

Any person subject to this code who:

(1) Fails to carry out the duties prescribed in § 33-10-271 ;

(2) Buys, sells, trades, or in any way deals in or disposes of taken, captured, or abandoned property, whereby the person receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or

(3) Engages in looting or pillaging;

Source: SL 2012, ch 175, § 253.
S.D. Codified Laws § 33-2-7 — SD Code / Title 33 / Chapter 2 / Section 33-2-7
Ranking officer as commander of troops in service--Citizenship requirement
Status: in_force

If any troops are in the field for the purposes mentioned in § 33-2-6 , the senior ranking officer of the troops present shall take command. However, no person is eligible for a command in the militia of this state unless that person is a citizen of the United States.

Source: PolC 1877, ch 30, § 6; SL 1887, ch 100, § 3; CL 1887, § 1919; RPolC 1903, § 2461; SL 1903, ch 185, § 4; SL 1913, ch 267, § 4; SL 1917, ch 297, § 6; RC 1919, § 10553; SDC 1939, § 41.0105; SL 1949, ch 152; SL 2007, ch 187, § 17.
S.D. Codified Laws § 33-11A-2 — SD Code / Title 33 / Chapter 11A / Section 33-11A-2
Armory or other facility--Use for museum
Status: in_force

An armory or other facility under the control of the Department of the Military may be used for the purpose of § 33-11A-1 .

Source: SL 1982, ch 253, § 2; SL 2023, ch 108, § 10.
S.D. Codified Laws § 33-10-137 — SD Code / Title 33 / Chapter 10 / Section 33-10-137
Opportunity to obtain witnesses and other evidence
Status: in_force

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence as prescribed by rule and provided by law. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, but which may not be contrary to or inconsistent with this code. Process shall run to any part of the United States, or the territories, commonwealths, and possessions, and may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.

Source: SL 2012, ch 175, § 118.
S.D. Codified Laws § 33A-4-32 — SD Code / Title 33A / Chapter 4 / Section 33A-4-32
Discharge from home
Status: in_force

Any resident of the State Veterans Home may be discharged, with the exception of a veteran with one hundred percent disability as defined by the Veterans Administration for pension and compensation purposes, if the resident has sufficient ability and means for self-support. The discharge may only be made upon recommendation of the superintendent and order of the secretary of veterans affairs.

Source: SL 1913, ch 325, § 13; RC 1919, § 9959; SDC 1939, § 41.0212; SL 1939, ch 155, § 3; SL 1959, ch 242, § 5; SL 1970, ch 191, § 12; SL 1989, ch 286, § 14; § 33-18-28; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 30.
S.D. Codified Laws § 33A-1-2 — SD Code / Title 33A / Chapter 1 / Section 33A-1-2
Department assistance to veterans and dependents
Status: in_force

The Department of Veterans Affairs shall aid in meeting the emergency needs of dependents of men and women in the armed services and shall represent the interest of veterans and their dependents in claims they have against the federal government or other agencies growing out of the service of those veterans.

Source: SL 1944 (SS), ch 3, § 1; SL 1953, ch 218, § 1; SDC Supp 1960, § 41.0401; SDCL § 33-16-2; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 20, 23, eff. Apr. 12, 2011; SL 2011, ch 152, § 2.
S.D. Codified Laws § 33-10-149 — SD Code / Title 33 / Chapter 10 / Section 33-10-149
Findings by military judge or summary court-martial officer when lack of mental responsibility at issue
Status: in_force

Section 33-10-148 does not apply to a court-martial composed of a military judge only. In the case of a court-martial composed of a military judge only or a summary court-martial officer, if the lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:

(1) Guilty;

(2) Not guilty; or

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

Source: SL 2012, ch 175, § 130.
S.D. Codified Laws § 33A-2-22 — SD Code / Title 33A / Chapter 2 / Section 33A-2-22
Payments to minors
Status: in_force

If any bonus is payable under §§ 33A-2-10 to 33A-2-33 , inclusive, to a minor who is a veteran, or a minor widow of such veteran, and who is under no legal disability other than minority, payment of the bonus shall be made to such person direct.

Source: SL 1969, ch 173, § 11; SL 2007, ch 187, § 176; SDCL § 33-17-27; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 33-10-199 — SD Code / Title 33 / Chapter 10 / Section 33-10-199
Consideration of delay concerning issue of speedy trial
Status: in_force

Any period of delay resulting from an appeal pursuant to §§ 33-10-195 and 33-10-196 shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

Source: SL 2012, ch 175, § 180.
S.D. Codified Laws § 33-13-7 — SD Code / Title 33 / Chapter 13 / Section 33-13-7
Withholding and payment of employee contributions
Status: in_force

Any civilian technician of the South Dakota Army or Air National Guard who is paid entirely from federal funds may authorize the federal disbursing officer to withhold sums of money from the pay of the employee and to pay the money to the State of South Dakota or to the person or organization designated by the employee for the purpose of paying the employee's contribution to a retirement, disability, or death benefit plan.

Source: SL 1970, ch 192, § 1; SL 2007, ch 187, § 136.
S.D. Codified Laws § 33-14-4 — SD Code / Title 33 / Chapter 14 / Section 33-14-4
Appropriations to National Guard
Status: in_force

All appropriations made to the National Guard are deemed to have been appropriated to both the National Guard and the South Dakota State Guard.

Source: SL 1955, ch 144, § 1; SDC Supp 1960, § 41.01B01; SL 2007, ch 187, § 140.
S.D. Codified Laws § 33-11-8 — SD Code / Title 33 / Chapter 11 / Section 33-11-8
Erection of armory on donated land
Status: in_force

The Department of the Military shall, upon donation of a proper site by any county or municipality, erect for the use of any unit of the National Guard, and other organizations and public functions as specified in § 33-11-2 , an armory to be used for meeting, rendezvous, drill, and other purposes in compliance with this chapter.

Source: SL 1917, ch 297, § 87; RC 1919, § 10647; SDC 1939, § 41.0194; SL 2007, ch 187, § 104; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-1-15 — SD Code / Title 33A / Chapter 1 / Section 33A-1-15
Burial of veterans
Status: in_force

The Department of Veterans Affairs shall cooperate in the administration of laws relating to burial of veterans and of other state laws for veterans' benefits.

Source: SL 1944 (SS), ch 3, § 5; SL 1947, ch 184; SDC Supp 1960, § 41.0405 (4); SDCL § 33-16-17; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 148, eff. Apr. 12, 2011; SL 2011, ch 152, § 8.
S.D. Codified Laws § 33-11-9 — SD Code / Title 33 / Chapter 11 / Section 33-11-9
Control of armory by Department of the Military
Status: in_force

The Department of the Military has charge of any armory erected or provided pursuant to § 33-11-8 and shall arrange for its occupancy and use under the direction and responsibility of the senior officer in command.

Source: SL 1917, ch 297, § 87; RC 1919, § 10647; SDC 1939, § 41.0194; SL 2007, ch 187, § 105; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27, eff. Apr. 12, 2011.
S.D. Codified Laws § 33A-4-29 — SD Code / Title 33A / Chapter 4 / Section 33A-4-29
Application for admission to home--Form and contents--False application as forfeiture
Status: in_force

All applications for admission to the State Veterans Home must be made upon prescribed forms furnished by the Department of Veterans Affairs. The applications must include information as to military service, a full financial statement, essential medical information, and a stipulation that if any such claims are proved false, the applicant forfeits any right to residency at the home.

Source: SL 1911, ch 230, § 10; SL 1913, ch 325, § 9; RC 1919, § 9956; SDC 1939, § 41.0209; SL 1951, ch 212, § 1; SL 1959, ch 242, § 2; § 33-18-25; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2023, ch 111, § 27.
S.D. Codified Laws § 33-12-11 — SD Code / Title 33 / Chapter 12 / Section 33-12-11
Resignation, reassignment, dismissal, or discharge of custodial officer
Status: in_force

If any National Guard officer responsible for state property resigns or is reassigned, dismissed, or discharged, the officer shall deliver the property in the officer's possession, for which only the officer is responsible, to the quartermaster general, or to some person duly appointed to receive the property.

Source: SL 1903, ch 185, § 26; SL 1917, ch 297, § 27; RC 1919, § 10581; SDC 1939, § 41.0134; SL 2007, ch 187, § 116.