reglab/housing_qa huggingface dataset:
SD Codified L § 23A-3-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-19 - Definition of fresh pursuit in intrastate felony arrests.

23A-3-19. Definition of fresh pursuit in intrastate felony arrests.The term "fresh pursuit" as used in §§23A-3-17 to 23A-3-19, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony in this state. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used here shall not necessarily imply instant pursuit, but pursuit without unreasonable delay. Source: SL 1941, ch 153, §3; SDC Supp 1960, §34.16A04; SDCL, §23-22-38; SL 1978, ch 178, §33.
SD Codified L § 23A-3-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-20 - Citation of provisions on intrastate fresh pursuit.

23A-3-20. Citation of provisions on intrastate fresh pursuit.Sections 23A-3-17 to 23A-3-19, inclusive, may be called the "Uniform Law on Intrastate Fresh Pursuit." Source: SL 1941, ch 153, §5; SDC Supp 1960, §34.16A01; SDCL, §23-22-41; SL 1978, ch 178, §35.
SD Codified L § 23A-3-24 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-24 - Federal law enforcement officer defined.

23A-3-24. Federal law enforcement officer defined.For the purposes of §23A-3-25, the term, federal law enforcement officer, means any officer or employee of the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Marshall Service, the Internal Revenue Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, the United States Postal Inspection Service, the Federal Protective Service, the United States Fish and Wildlife Service, the United States Forest Service, the Immigration and Customs Enforcement Office of Investigations, or the National Park Service, who is responsible for the prevention or detection of crimes or for the enforcement of the United States Code and who is authorized to arrest, with or without a warrant, any person for a violation of the United States Code. Source: SL 1994, ch 175, §1; SL 2005, ch 125, §1; SL 2006, ch 135, §1; SL 2008, ch 115, §1; SL 2010, ch 125, §1.
SD Codified L § 23A-3-25 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-25 - Authority of federal law enforcement officer.

23A-3-25. Authority of federal law enforcement officer.Any federal law enforcement officer holds the same authority as a state or local law enforcement officer in this state when making an arrest for a nonfederal crime under any of the following circumstances:(1)The officer has reasonable grounds to believe that a state felony has been committed and that the person arrested committed such felony;(2)The officer is rendering assistance to a state or local law enforcement officer in an emergency or at the request of the state or local law enforcement officer; or(3)The officer is participating in a task force composed of state or local law enforcement officers and federal law enforcement officers. Source: SL 1994, ch 175, §2.
SD Codified L § 23A-3-26 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-26 - Definition of expungement.

23A-3-26. Definition of expungement.Terms used in §§23A-3-27 to 23A-3-33, inclusive, mean:(1)"Expungement," the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Expungement does not imply the physical destruction of records. Source: SL 2010, ch 126, §1.
SD Codified L § 23A-3-27 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-27 - Motion for expungement of arrest record.

23A-3-27. Motion for expungement of arrest record.An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:(1)After one year from the date of any arrest if no accusatory instrument was filed;(2)After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record; or(3)At any time after an acquittal. Source: SL 2010, ch 126, §2; SL 2012, ch 131, §1; SL 2015, ch 140, §1.
SD Codified L § 23A-3-28 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-28 - Service of motion--Fee.

23A-3-28. Service of motion--Fee.At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney may contest the motion in writing and at the hearing on the motion.When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court's satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee. Source: SL 2010, ch 126, §3.
SD Codified L § 23A-3-29 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-29 - Hearing on motion for expungement.

23A-3-29. Hearing on motion for expungement.The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper. Source: SL 2010, ch 126, §4.
SD Codified L § 23A-3-30 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-30 - Order of expungement.

23A-3-30. Order of expungement.The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of the order. Source: SL 2010, ch 126, §5; SL 2015, ch 140, §2.
SD Codified L § 23A-3-31 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-31 - Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.

23A-3-31. Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing the defendant or arrested person for subsequent offenses.As part of any order of expungement, the court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the defendant or arrested person's arrest, detention, indictment or information, trial, and disposition. Source: SL 2010, ch 126, §6.
SD Codified L § 23A-3-32 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-32 - Effect of order of expungement.

23A-3-32. Effect of order of expungement.The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person's arrest or indictment or information. No person as to whom an order of expungement has been entered shall be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of the person's failure to recite or acknowledge the person's arrest, indictment or information, or trial in response to any inquiry made of the person for any purpose. Source: SL 2010, ch 126, §7.
SD Codified L § 23A-3-33 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-33 - No time limitation for making application.

23A-3-33. No time limitation for making application.A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application. Source: SL 2010, ch 126, §8.
SD Codified L § 23A-3-34 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-34 - Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement.

23A-3-34. Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement. Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant's public record after five years if all court-ordered conditions on the case have been satisfied and the defendant has not been convicted of any further offenses within those five years. However, the case record remains available to court personnel or as authorized by order of the court and may be used as an enhancement in the prosecution of subsequent offenses as provided by law. Source: SL 2016, ch 134, §1; SL 2021, ch 106, § 1.
SD Codified L § 23A-3-35 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-35 - Eligibility of person placed in diversion program for expungement of record.

23A-3-35. Eligibility of person placed in diversion program for expungement of record.If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if:(1)The person has successfully completed all the terms of the diversion program; and(2)The person has not been charged with any new crimes, except for petty offenses or minor traffic citations, within one year and thirty days from the date of the successful completion of the diversion program.Nothing in this section requires a state's attorney to place any arrested person into a diversion program or to otherwise create or implement a diversion program. Source: SL 2018, ch 143, §1.
SD Codified L § 23A-3-36 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-36 - Dismissal of charges and notice of completion of diversion.

23A-3-36. Dismissal of charges and notice of completion of diversion.If the requirements of §23A-3-35 have been met, the state's attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person. Source: SL 2018, ch 143, §2.
SD Codified L § 23A-3-37 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-37 - Expungement of record on filing of dismissal and notice.

23A-3-37. Expungement of record on filing of dismissal and notice.Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court. Source: SL 2018, ch 143, §3.
SD Codified L § 23A-4-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 04 - Preliminary Proceedings Before Magistrate|Section 23A-4-1 - Arrested person taken before magistrate--Complaint filed on arrest without warrant.

23A-4-1. Arrested person taken before magistrate--Complaint filed on arrest without warrant.A law enforcement officer shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate. Any person, other than a law enforcement officer, making an arrest shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate or deliver him to the nearest available law enforcement officer. If a person arrested without a warrant is brought before a committing magistrate, a complaint shall be filed forthwith. Unless given a court appearance date and released from custody, a person, arrested with or without a warrant or given a summons, shall appear initially before a committing magistrate in person or via ITV, without unnecessary delay, at which time the committing magistrate shall proceed in accordance with the applicable provisions of §§23A-4-2 to 23A-4-5, inclusive. Source: SDC 1939 & Supp 1960, §§34.1608, 34.1619, 34.1620; SDCL §§23-22-16, 23-22-20, 23-22-22; SL 1978, ch 178, §36; SL 1989, ch 209; SL 1990, ch 174; SL 2018, ch 301 (Supreme Court Rule 18-10), eff. July 1, 2018.
SD Codified L § 23A-4-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 04 - Preliminary Proceedings Before Magistrate|Section 23A-4-2 - (Rule 5(b)) Procedure on minor offenses cognizable by magistrate court.

23A-4-2.(Rule 5(b)) Procedure on minor offenses cognizable by magistrate court.If the charge against a defendant is cognizable by a magistrate pursuant to §16-12B-8, the magistrate shall proceed in accordance with that section. Source: SL 1978, ch 178, §37.
SD Codified L § 23A-4-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 04 - Preliminary Proceedings Before Magistrate|Section 23A-4-4 - Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court.

23A-4-4. Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court.Subject to §§23A-17-1 to 23A-17-4, inclusive, if a defendant is taken before a committing magistrate who did not issue the warrant, or in case no warrant has been issued, the committing magistrate shall inform him of the matters set out in §23A-4-3 and admit the defendant to bail as provided by §23A-2-4 or chapter 23A-43. Within three days thereafter, the committing magistrate shall transmit the minutes of the proceedings and all papers in the case, including bail if posted, to the court which issued the warrant. If no warrant has been issued, the transcript and papers shall be transmitted to the court where the complaint is filed or to the court in which the venue of the offense lies. Source: SDC 1939 & Supp 1960, §§34.1623, 34.1624; SDCL, §§23-22-27 to 23-22-30; SL 1978, ch 178, §39.
SD Codified L § 23A-4-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 04 - Preliminary Proceedings Before Magistrate|Section 23A-4-5 - Transfer to magistrate judge or circuit court for preliminary hearing.

23A-4-5. Transfer to magistrate judge or circuit court for preliminary hearing.Either the defendant or the prosecuting attorney may, at any time prior to the commencement of a preliminary hearing before a lay magistrate, make a motion that the proceedings be transferred to a magistrate judge or to the circuit court. Upon such a motion the lay magistrate shall transmit a certified statement of all proceedings and papers connected with the action to the magistrate judge or the circuit court. Thereafter the action shall proceed as if it had been commenced therein before the magistrate judge or a circuit court judge. A preliminary hearing is commenced at the time the first witness is sworn. Source: SL 1966, ch 118; SL 1976, ch 163, §1; SDCL Supp, §23-27-11; SL 1978, ch 178, §40; SL 1989, ch 205.
SD Codified L § 23A-4-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 04 - Preliminary Proceedings Before Magistrate|Section 23A-4-6 - (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.

23A-4-6.(Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the committing magistrate shall forthwith hold him to answer in the trial court of the county having jurisdiction of the offense. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. The rules of evidence shall apply, except that an objection to evidence on the ground that it was acquired by unlawful means is not properly made at the preliminary hearing. Motions to suppress such evidence must be made to the trial court as provided in §§23A-8-3 to 23A-8-9, inclusive. Source: SDC 1939 & Supp 1960, §§34.1404, 34.1407; SDCL, §§23-27-9, 23-27-16; SL 1978, ch 178, §41; SL 1979, ch 159, §2.
SD Codified L § 23A-4-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 04 - Preliminary Proceedings Before Magistrate|Section 23A-4-7 - (Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.

23A-4-7.(Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not preclude a prosecuting attorney from instituting a subsequent prosecution for the same offense. Source: SDC 1939 & Supp 1960, §34.1406; SDCL, §23-27-13; SL 1978, ch 178, §42.
SD Codified L § 23A-4-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 04 - Preliminary Proceedings Before Magistrate|Section 23A-4-8 - (Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record.

23A-4-8.(Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record.A verbatim record of the proceeding in each preliminary hearing shall be made under the direction of the committing magistrate upon request of either the prosecuting attorney or the defendant. A copy of the transcript of the record of the proceeding shall be furnished to the defendant and to the prosecuting attorney if either requests it. If a transcript is requested by the defendant and the committing magistrate finds that the defendant is indigent, its cost shall be borne by the county where the venue of the alleged offense was originally laid. In such case the committing magistrate shall follow the procedures set forth in chapter 23A-40. At the conclusion of the preliminary hearing the committing magistrate shall forthwith transmit to the clerk of the trial court having jurisdiction of the offense, all papers of the proceeding, any bail taken by him, and all exhibits received in the hearing. The circuit court may, for good cause shown, limit access to the record of the proceeding. Source: SDC 1939, §§34.1405, 34.1409; SL 1957, ch 180; SDCL, §§23-27-12, 23-27-21; SL 1978, ch 178, §43.
SD Codified L § 23A-5-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 05 - (Rule 6) The Grand Jury|Section 23A-5-1 - (Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors.

23A-5-1.(Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors.The circuit court shall order one or more grand juries to be summoned only when it appears to the circuit judge's satisfaction that a grand jury is necessary or desirable for the investigation of public offenses or misconduct in office. A grand jury shall consist of not less than six nor more than ten members. The court shall direct that a sufficient number of legally qualified persons be summoned to meet this requirement. Source: SDC 1939, §34.1201; SL 1959, ch 233; SDCL, §23-29-1; SL 1978, ch 178, §44; SL 1979, ch 159, §4; SL 1994, ch 176.
SD Codified L § 23A-5-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 05 - (Rule 6) The Grand Jury|Section 23A-5-2 - New grand jury ordered after discharge of original jury--Other causes.

23A-5-2. New grand jury ordered after discharge of original jury--Other causes.If a grand jury is discharged by an allowance of a challenge to the panel, or if an offense is committed during the sitting of the court after the discharge of a grand jury, or if after such discharge a new indictment becomes requisite by reason of an arrest of judgment or by the setting aside of an indictment, or if for any other good and sufficient cause another grand jury may become necessary, a court may in its discretion order that another grand jury be summoned, and the court may to that end make an order to summon another grand jury according to the provisions of chapter 16-13. Source: CCrimP 1877, §175; CL 1887, §7202; RCCrimP 1903, §174; RC 1919, §4668; SDC 1939 & Supp 1960, §34.1202; SDCL, §23-29-15; SL 1978, ch 178, §44.
SD Codified L § 23A-5-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 05 - (Rule 6) The Grand Jury|Section 23A-5-3 - (Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.

23A-5-3.(Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.Either the prosecuting attorney or a defendant may challenge the array of grand jurors on the ground that a grand jury was not selected, drawn or summoned in accordance with law and may challenge an individual grand juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be tried by the circuit court. Source: SDC 1939 & Supp 1960, §§34.1204, 34.1205; SDCL, §§23-29-2, 23-29-5; SL 1978, ch 178, §46.
SD Codified L § 23A-5-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 05 - (Rule 6) The Grand Jury|Section 23A-5-4 - Summons of new jurors after challenge--Oath of jurors chosen for particular case.

23A-5-4. Summons of new jurors after challenge--Oath of jurors chosen for particular case.Whenever challenges to individual grand jurors are allowed, the court shall make an order to the sheriff, deputy sheriff, or coroner, to summon without delay, from the residents of the county, a sufficient number of persons to complete or to form a grand jury. A grand jury formed and impaneled as to and in a particular case, after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case, and as to all other cases at the same term of that grand jury, the grand jury shall be formed in the usual manner provided by law. Source: SDC 1939 & Supp 1960, §§34.1203, 34.1209; SDCL, §§23-29-8, 23-29-16; SL 1978, ch 178, §46.