reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-6 - Testing laboratory.

23-5B-6. Testing laboratory.
The court shall direct that any DNA testing ordered pursuant to §23-5B-1 be carried out by the South Dakota Division of Criminal Investigation. However, the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results.
Source:
SL 2009, ch 120, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-7 - Testing by agreement.

23-5B-7. Testing by agreement.
Nothing in this chapter prohibits a convicted person and the state from consenting to and conducting post-conviction DNA testing by agreement of the parties, without filing a motion for post-conviction DNA testing pursuant to this chapter.
Source:
SL 2009, ch 120, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-8 - Disclosure of test results.

23-5B-8. Disclosure of test results.
The results of any DNA testing ordered pursuant to §23-5B-1 shall be disclosed to the court, the petitioner, and the state.
Source:
SL 2009, ch 120, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-9 - Submission of test results to State DNA Database.

23-5B-9. Submission of test results to State DNA Database.
The state shall submit any test results relating to the DNA of the petitioner to the State DNA Database.
Source:
SL 2009, ch 120, §9.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-10 - Inconclusive test results or match between DNA sample and DNA evidence.

23-5B-10. Inconclusive test results or match between DNA sample and DNA evidence.
If the DNA test results obtained pursuant to this chapter are inconclusive or show that the petitioner was the source of the DNA evidence, the DNA sample of the petitioner shall be retained in the State DNA Database.
Source:
SL 2009, ch 120, §10.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-11 - Match between DNA sample and other offense.

23-5B-11. Match between DNA sample and other offense.
If the DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, and a comparison of the DNA sample of the petitioner results in a match between the DNA sample of the petitioner and another offense, the attorney general shall notify the appropriate agency and preserve the DNA sample of the petitioner.
Source:
SL 2009, ch 120, §11.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-12 - Denial of relief upon inconclusive test results.

23-5B-12. Denial of relief upon inconclusive test results.
If DNA test results obtained pursuant to this chapter are inconclusive, the circuit court shall deny the petitioner relief.
Source:
SL 2009, ch 120, §12.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-13 - Effect of match between DNA sample and DNA evidence.

23-5B-13. Effect of match between DNA sample and DNA evidence.
If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall:
(1)Deny the petitioner relief; and
(2)On motion of the state:
(a)Assess the petitioner the cost of any DNA testing carried out pursuant to this chapter; and
(b)Order that the finding be forwarded to the South Dakota Board of Pardons and Paroles so that the board may consider the finding in reviewing any subsequent parole application submitted by the petitioner.
Source:
SL 2009, ch 120, §13.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-14 - Sentencing in prosecution for false assertions.

23-5B-14. Sentencing in prosecution for false assertions.
In any prosecution of the petitioner pursuant to this chapter for false assertions or other conduct in proceedings pursuant to this chapter, the court, upon conviction of the petitioner, shall sentence the petitioner to a sentence that runs consecutively to any other term of imprisonment the petitioner is serving.
Source:
SL 2009, ch 120, §14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-15 - Motion for new trial where testing excludes petitioner as source of DNA evidence.

23-5B-15. Motion for new trial where testing excludes petitioner as source of DNA evidence.
If DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file such motion for a new trial and for the state to respond to the motion for a new trial.
Source:
SL 2009, ch 120, §15.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-16 - Grounds for new trial.

23-5B-16. Grounds for new trial.
The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in §23-5B-1, for which the petitioner is under a sentence of imprisonment.
Source:
SL 2009, ch 120, §16.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05B - DNA Testing Of Persons Convicted Of Felonies › Section 23-5B-17 - Habeas corpus.

23-5B-17. Habeas corpus.
Nothing in this chapter provides a basis for relief in any state or federal habeas corpus proceeding.
Source:
SL 2009, ch 120, §17.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05C - Sexual Assault Kits For Testing › Section 23-5C-1 - Definitions.

23-5C-1. Definitions.
Terms used in this chapter mean:
(1)"Accredited laboratory," a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests;
(2)"DNA," deoxyribonucleic acid;
(3)"DNA record," the DNA identification information stored in the state DNA database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The DNA record is the result obtained from the DNA analysis. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification analyses on an individual's DNA sample are also collectively referred to as the DNA profile of an individual;
(4)"Health care facility," any institution, sanitarium, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured; and
(5)"Sexual assault kit," a set of swabs, slides, envelopes, instructions, and forms specifically designed to collect and preserve physical evidence that can be used in a criminal sexual assault investigation.
Source:
SL 2016, ch 130, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05C - Sexual Assault Kits For Testing › Section 23-5C-2 - Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Minor's consent--No impact on mandatory reporting--Release of sexual assault kit--Preservation of sexual assault kit.

23-5C-2. Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Minor's consent--No impact on mandatory reporting--Release of sexual assault kit--Preservation of sexual assault kit.
A health care facility examining or treating a victim of rape or sexual assault shall give the victim, or a victim or witness assistant, the option of reporting the rape or sexual assault to an appropriate law enforcement agency. A health care facility may not require the victim to report the rape or sexual assault in order to receive an examination or treatment for the rape or sexual assault.
A minor age sixteen or older may consent to a sexual assault kit. This consent is not subject to disaffirmance because of minority or disaffirmance of a parent or guardian, and consent of a parent or guardian is not required under this section. A minor's refusal to consent has no impact on any applicable mandatory reporting obligation in law.
A health care facility that examines or treats a victim of rape or sexual assault with a sexual assault kit shall release the sexual assault kit to the investigating law enforcement agency, if known, or the law enforcement agency of the jurisdiction where the examination or treatment occurs in accordance with §23-5C-3. The health care facility shall inform the victim that the sexual assault kit will be preserved by law enforcement for a period of at least seven years from the date of the examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. Any examination or treatment under this section shall include the preservation of confidentiality of any test, procedure, or sample that may serve as evidence in the prosecution for the rape or sexual assault.
Source: SL 2016, ch 130, §2; SL 2019, ch 112, §1; SL 2020, ch 92, §1; SL 2022, ch 68, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05C - Sexual Assault Kits For Testing › Section 23-5C-3 - Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected.

23-5C-3. Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected.
A health care facility shall assign a code number to a sexual assault kit, and provide the code number to the victim as well as information identifying the law enforcement agency where the kit will be stored. The health care facility shall maintain the code record for at least seven years from the date the health care facility examined or treated the victim or until the victim reaches the age of twenty-five, whichever is later. The health care facility may not affix to the sexual assault kit any information of the victim's identity other than the code number under this section. The law enforcement agency to which the health care facility releases the sexual assault kit under §23-5C-2 shall retrieve the sexual assault kit, containing no identifying information of the victim other than the code number affixed by the health care facility, within seventy-two hours following the date on which the sexual assault kit is assigned a code number under this section. The health care facility shall coordinate the transfer of the sexual assault kit to the law enforcement agency in a manner designed to protect the victim's confidentiality and preserve the evidentiary integrity of the sexual assault kit. A law enforcement agency in possession of a sexual assault kit shall preserve the kit for at least seven years from the date of examination or treatment or until the victim reaches the age of twenty-five, whichever is later, before it is destroyed. If a victim, or a victim or witness assistant, exercises the option of reporting the rape or sexual assault to a law enforcement agency, the code number under this section shall be provided by the victim to the law enforcement agency where the kit is being stored and used to identify the appropriate sexual assault kit.
The confidentiality requirements under this section do not impact any applicable mandatory reporting obligation in law associated with abused or neglected minors.
Source: SL 2016, ch 130, §3; SL 2019, ch 112, §2; SL 2020, ch 92, §2; SL 2022, ch 68, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 05C - Sexual Assault Kits For Testing › Section 23-5C-4 - Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.

23-5C-4. Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.
For any rape or sexual assault that is reported by a victim under §23-5C-2, the law enforcement agency that receives a sexual assault kit from the health care facility in accordance with §§23-5C-2 and 23-5C-3 shall submit the evidence to the Division of Criminal Investigation or another accredited laboratory for analysis no more than fourteen days following the agency's receipt of the sexual assault kit. Any sexual assault kit that is submitted to the Division of Criminal Investigation or another accredited laboratory shall be analyzed within ninety days.
Any DNA record for a sexual assault kit analyzed under this section shall be uploaded into a database specified by the Division of Criminal Investigation. Any failure to comply with this chapter does not constitute grounds for challenging the validity of a DNA database match or of any database information in a criminal proceeding. A DNA record may not be excluded as evidence by a court solely on the grounds of failure to comply with this chapter.
Source:
SL 2016, ch 130, §4; SL 2019, ch 112, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-1 - Bureau of Criminal Statistics--Establishment in Office of Attorney General.

23-6-1. Bureau of Criminal Statistics--Establishment in Office of Attorney General.
There is hereby established, in the Office of the Attorney General a Bureau of Criminal Statistics, hereinafter called the bureau.
Source:
SL 1939, ch 138, §1; SDC Supp 1960, §55.15A01.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-2 - Attorney general as director of bureau--Seal--No salary.

23-6-2. Attorney general as director of bureau--Seal--No salary.
The bureau shall function through a director. The attorney general shall, by virtue of his office, be the director. The director shall have a seal of office in such form as he shall prescribe. The attorney general shall not receive a salary as such director.
Source:
SL 1939, ch 138, §2; SDC Supp 1960, §55.15A02.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-3 - Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation.

23-6-3. Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation.
The attorney general shall assign for the work of the bureau such deputies and clerical assistants in his department as he may from time to time find necessary. The compensation of the clerical assistants assigned to the bureau and all other expenses of the bureau shall be paid out of the appropriation for the department of the attorney general when approved by him.
Source:
SL 1939, ch 138, §2; SDC Supp 1960, §55.15A02.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-4 - Statistical information--Compilation by director--Misdemeanor.

23-6-4. Statistical information--Compilation by director--Misdemeanor.
The director shall collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey of the number and character of crimes committed in the state, the extent and character of delinquency, the operations of the police, prosecuting attorneys, courts and other public agencies of criminal justice, and the operations of penal and reformatory institutions, probation, parole, and other public agencies concerned with the punishment or treatment of criminal offenders. He shall include such information as may be useful in the study of crime and delinquency and the causes thereof, for the administration of criminal justice, and for the apprehension, punishment and treatment of criminal offenders. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§3, 15; SDC Supp 1960, §§55.15A03, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-5 - Information as to particular offenders--Gathering by director--Misdemeanor.

23-6-5. Information as to particular offenders--Gathering by director--Misdemeanor.
The director shall also gather such information concerning particular criminal offenders as in his judgment may be helpful to other public officials or agencies dealing with them. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§3, 15; SDC Supp 1960, §§55.15A03, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-6 - Classification of crimes and offenders--Promulgation by director--Misdemeanor.

23-6-6. Classification of crimes and offenders--Promulgation by director--Misdemeanor.
The director shall promulgate classifications and shall prepare forms for the statistical classification of crimes, of offenders, of their punishment and treatment and of all other pertinent information, to conform, as far as practicable, with those promulgated by the appropriate agency in the United States Department of Justice, and by the Federal Bureau of the Census. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§4, 15; SDC Supp 1960, §§55.15A04, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-7 - Authority of director to enter prisons and penal institutions--Misdemeanor.

23-6-7. Authority of director to enter prisons and penal institutions--Misdemeanor.
The director, or any person deputized by the director, upon exhibiting specific written authorization by the director, is empowered to enter any prison, jail, penal, or reformatory institution in this state, and to take or cause to be taken fingerprints or photographs, or both, and to make investigation relative to any person, confined therein, who has been accused or convicted of a crime, for the purpose of obtaining information which may lead to the identification of criminals. The officials in charge of all such institutions are hereby required to render the director, and all persons so deputized by him, the needed assistance to that end. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§8, 15; SDC Supp 1960, §§55.15A08, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-8 - Information received by bureau--Filing by director--Form and classification of records, preservation.

23-6-8. Information received by bureau--Filing by director--Form and classification of records, preservation.
The director shall file, or cause to be filed, all information received by the bureau and shall make, or cause to be made, a complete and systematic record and index thereof, to provide a convenient method of reference and consultation. As far as practicable all such records shall coincide in form and classification with those of the appropriate agency in the United States Department of Justice, and with those of similar bureaus in other states, in order to permit easy interchange of information and records. Information and records received by the bureau may not be destroyed except as provided by §23-6-8.1.
Source:
SL 1939, ch 138, §§9, 15; SDC Supp 1960, §§55.15A09, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2; SL 1979, ch 158, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-8.1 - Destruction of records of certain persons, incidents, and offenses.

23-6-8.1. Destruction of records of certain persons, incidents, and offenses.
The director of the Bureau of Criminal Statistics may authorize the destruction of information and records of:
(1)Persons who are dead;
(2)Persons seventy-five years of age or older unless a violation has occurred within the last ten years;
(3)Incidents that are no longer considered crimes under the laws of the State of South Dakota;
(4)Misdemeanor offenses whose final date of disposition occurred at least ten years prior to authorized destruction date.
Source:
SL 1979, ch 158, §7; SL 1984, ch 176.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-9 - Copy of available information--Furnishing to law enforcement agencies--Misdemeanor.

23-6-9. Copy of available information--Furnishing to law enforcement agencies--Misdemeanor.
Upon request therefor and payment of the reasonable cost, the director shall furnish a copy of all available information and of records pertaining to the identification and history of any person or persons of whom the bureau has a record, to any similar governmental bureau, sheriff, chief of police, prosecuting attorney, attorney general, or any officer of similar rank and description of the federal government, or of any state or territory of the United States or of any insular possession thereof, or of the District of Columbia, or of any foreign country, or to the judge of any court, before whom such person is being prosecuted, or has been tried and convicted, or by whom such person may have been paroled. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§10, 15; SDC Supp 1960, §§55.15A10, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-10 - Reports by director--Contents--Distribution--Misdemeanor.

23-6-10. Reports by director--Contents--Distribution--Misdemeanor.
Annually, and at such other times as he may determine, the director shall prepare and publish reports reflecting the crime situation in this state, the operation of public agencies engaged in the administration of criminal justice and in the conduct of the punishment or treatment of criminals. The director shall point out what he considers to be significant features regarding crime, the administration of criminal justice and the punishment or treatment of criminals, and may recommend such measures as he may consider desirable or constructive with reference thereto. Upon request therefor and payment of the reasonable cost, the director shall furnish copies of such reports to officers of the United States, and to any public police, prosecution, judicial, punishment, or treatment official or agency of this or any other state, or territory, or country. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§12, 15; SDC Supp 1960, §§55.15A12, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-11 - Access of director to public records--Misdemeanor.

23-6-11. Access of director to public records--Misdemeanor.
Every person having custody or charge of public or official records or documents, from which information is sought for the purposes of this chapter, shall grant to the director, or to any person deputized by him, access thereto, for the purpose of obtaining such information. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§7, 15; SDC Supp 1960, §§55.15A07, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-12 - Cooperation of bureau with federal government and other states--Development of international system of criminal identification--Misdemeanor.

23-6-12. Cooperation of bureau with federal government and other states--Development of international system of criminal identification--Misdemeanor.
The bureau shall cooperate with the appropriate agency of the federal government and with similar agencies in other states, territories, and countries, toward the end of developing and carrying on a complete and uniform interstate, national, and international system of criminal identification. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§11, 15; SDC Supp 1960, §§55.15A11, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-14 - Access to files and records of bureau.

23-6-14. Access to files and records of bureau.
The Governor, and persons specifically authorized by the director, shall have access to the files and records of the bureau. No such file or record of information shall be given out or made public except as provided in this chapter, or except by order of court, or except as may be necessary in connection with any criminal investigation in the judgment of the Governor or director, for the apprehension, identification or trial of a person, or persons, accused of crime, or for the identification of deceased persons, or for the identification of property.
Source:
SL 1939, ch 138, §14; SDC Supp 1960, §55.15A14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-15 - Acceptance of rewards by director or employees prohibited.

23-6-15. Acceptance of rewards by director or employees prohibited.
No rewards for the apprehension or conviction of any person or for the recovery of any property may be accepted by the director, or by any employee of the bureau, but any such reward, if paid to the director or an employee of the bureau shall be paid into the state treasury and credited to the general fund of the state.
Source:
SL 1939, ch 138, §16; SDC Supp 1960, §55.15A15.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-16 - Officials dealing with persons charged with crime--Reports required by director--Misdemeanor.

23-6-16. Officials dealing with persons charged with crime--Reports required by director--Misdemeanor.
It shall be the duty of the clerk of every court, of the chief or head of every police department, or other police agency, of every sheriff and constable, of every prosecuting attorney, of every probation or parole officer, and of the head of every department or institution, state, county, or local, which deals with criminals, or persons charged with crime, and it shall be the duty of every other official who, by reason of his office, is qualified to furnish information and reports, to prepare and send in writing to the director quarterly, semiannually, or annually, as the director may designate all reports and information requested by the director, to enable him to perform the duties provided in this chapter; but nothing herein shall preclude the gathering, by any public official, of information in addition to that required by the director. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§5, 15; SDC Supp 1960, §§55.15A05, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-17 - Coroners--Transmission of information required by director--Misdemeanor.

23-6-17. Coroners--Transmission of information required by director--Misdemeanor.
It shall be the duty of all coroners to transmit promptly to the director reports and information, as required by the director, regarding autopsies performed and inquests conducted, together with the verdict of the coroner's jury. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1939, ch 138, §§6, 15; SDC Supp 1960, §§55.15A06, 55.9933; SDCL, §23-6-18; SL 1978, ch 169, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 06 - Criminal Statistics › Section 23-6-19 - Uniformity of interpretation of chapter.

23-6-19. Uniformity of interpretation of chapter.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source:
SL 1939, ch 138, §17; SDC Supp 1960, §55.15A16.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-1 - Definitions applicable to chapter.

23-7-1. Definitions applicable to chapter.
Terms used in this chapter, unless the context otherwise requires, mean:
(1)"Antique firearm," a firearm as defined in subdivision §22-1-2(4);
(2)"Concealed," a firearm as defined in subdivision §22-1-2(6);
(3)"Crime of violence," an action as defined in subdivision §22-1-2(9);
(4)"Pistol," a firearm as defined in subdivision §22-1-2(32);
(5)"Seller," a person as defined in subdivision §22-1-2(44).
Source:
SDC 1939, §§21.0101, 21.0201; SL 1963, ch 131; SL 1972, ch 144, §1; SL 1976, ch 158, §43-1; SL 1978, ch 169, §10; SL 1984, ch 177, §1; SL 1985, ch 190, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-1.1 - Antique or nondischargeable firearms excepted.

23-7-1.1. Antique or nondischargeable firearms excepted.
This chapter shall not apply to antique firearms or to firearms which have been permanently altered so they are incapable of being discharged.
Source:
SL 1979, ch 150, §40.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-7 - Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited.

23-7-7. Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited.
A permit to carry a concealed pistol must be issued to any applicant by the sheriff of the county in which the applicant resides. The permit must be valid throughout the state and must be issued pursuant to §23-7-7.1. For purposes of verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a background investigation, including a computer check of available on-line records and a check utilizing the National Instant Criminal Background Check System. The issuance of a permit to carry a concealed pistol under this chapter does not impose a general prohibition on the carrying of a pistol without a permit.
Source: SDC 1939, §21.0107; SL 1972, ch 145, §1; SL 1985, ch 190, §8; SL 2002, ch 118, §4; SL 2018, ch 140, §1; SL 2019, ch 113, §6; SL 2022, ch 69, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-7.1 - Requirements for issuance of temporary permit--Time requirement--Appeal of denial.

23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
A temporary permit to carry a concealed pistol shall be issued to a person under §23-7-7 within five days of application if the person:
(1)Is eighteen years of age or older;
(2)Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence;
(3)Is not habitually in an intoxicated or drugged condition;
(4)Has no history of violence;
(5)Has not been found in the previous ten years to be a danger to others or a danger to self as defined in §27A-1-1 or is not currently adjudged mentally incompetent;
(6)Has physically resided in and is a resident of the county where the application is being made for at least thirty days immediately preceding the date of the application;
(7)Has had no violation of chapter 23-7, 22-14, or 22-42 constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense;
(8)Is a citizen or legal resident of the United States;
(9)Is not a fugitive from justice; and
(10)Is not otherwise prohibited by state law, 18 U.S.C. §922(g) as amended to October 26, 2005, or 18 U.S.C. §922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.
A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
Source:
SL 1985, ch 190, §9; SL 1986, ch 190; SL 1989, ch 210, §1; SL 1993, ch 182, §2; SL 1995, ch 127; SL 2002, ch 118, §5; SL 2009, ch 121, §2; SL 2011, ch 123, §1; SL 2018, ch 140, §2; SL 2019, ch 113, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-7.2 - Authority issuing permit--Liability limitation.

23-7-7.2. Authority issuing permit--Liability limitation.
An authority that issued a permit to carry a concealed pistol in accordance with this chapter is not liable to any person or a person's estate for any injury suffered, including wrongful death, or for any damages, because the authority issued the permit.
Source: SL 1989, ch 210, §2; SL 2015, ch 137, §8; SL 2019, ch 113, §8; SL 2023, ch 76, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-7.3 - Reciprocity with other states--Conditions.

23-7-7.3. Reciprocity with other states--Conditions.
The attorney general shall compare South Dakota permit issuance statutes with the permit issuance statutes in states with which reciprocity is sought or requested in order to determine whether the laws of the other state meet or exceed the requirements of this chapter for the issuance of a permit. The secretary of state may enter into reciprocity agreements with other states after the attorney general has notified the secretary of state that the other states' laws meet or exceed the provisions of this chapter.
Source:
SL 2002, ch 118, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-7.5 - Active duty military personnel and spouses.

23-7-7.5. Active duty military personnel and spouses.
Any person who is active duty military, or the spouse of a person who is active duty military, with a home of record in South Dakota is considered to have met the provisions of subdivision 23-7-7.1(6).
Source:
SL 2009, ch 121, §3; SL 2015, ch 136, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-7.6 - Time requirement for INTERPOL check.

23-7-7.6. Time requirement for INTERPOL check.
Notwithstanding the five day requirement provided in §23-7-7.1, if the background investigation under §23-7-7 requires an international criminal history check through INTERPOL, the sheriff shall issue a temporary permit to carry a concealed pistol within three business days of receiving a response from INTERPOL if the applicant otherwise meets the requirements of §23-7-7.1.
Source:
SL 2011, ch 123, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8 - Application for permit, enhanced permit, or gold card permit to carry concealed pistol.

23-7-8. Application for permit, enhanced permit, or gold card permit to carry concealed pistol.
The application for a permit to carry a concealed pistol, enhanced permit to carry a concealed pistol, or a gold card permit to carry a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, country of citizenship, physical description, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information on the application is true and correct, and the applicant's signature. If the applicant is not a United States citizen, the application shall require any alien or admission number issued by the United States Bureau of Immigration and Customs Enforcement. If filed in triplicate, the original shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate shall be preserved for five years by the authority issuing the permit. If the application is filed electronically, two copies shall be made and each shall be signed by the applicant. One copy shall be delivered to the applicant as the temporary permit, and the other copy shall be preserved for five years by the authority issuing the permit.
Source:
SDC 1939, §21.0107; SL 1972, ch 145, §2; SL 1985, ch 190, §10; SL 2002, ch 117, §1; SL 2002, ch 118, §6; SL 2015, ch 137, §9; SL 2016, ch 131, §1; SL 2016, ch 132, §1, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.1 - Form and contents of permit, enhanced permit, and gold card permit.

23-7-8.1. Form and contents of permit, enhanced permit, and gold card permit.
The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to §23-7-8. Each permit shall list the applicant's name, address, the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol shall clearly designate that the permit is enhanced and the gold card permit shall clearly designate that it is a gold card permit to carry a concealed pistol. Nothing in this section prevents any law enforcement officer, Department of Corrections employee, parole agent, security guard employed on the premises, or any other public official, with the written permission of the sheriff, from carrying a concealed weapon in the performance of that person's duties.
Source:
SL 1985, ch 190, §11; SL 1989, ch 210, §3; SL 2009, ch 114, §2; SL 2015, ch 137, §10; SL 2016, ch 122, §2; SL 2016, ch 132, §2, eff. Jan. 1, 2017; SL 2019, ch 113, §11.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.2 - Duration of permit.

23-7-8.2. Duration of permit.
The permit to carry a concealed pistol is valid for a period of five years from the date of issuance.
Source: SL 1985, ch 190, §12; SL 1993, ch 182, §1; SL 1994, ch 177, §1; SL 1997, ch 141, §1; SL 2013, ch 111, §1; SL 2021, ch 104, §1; SL 2022, ch 70, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.3 - Permit issued to specific person--Transfer prohibited.

23-7-8.3. Permit issued to specific person--Transfer prohibited.
A permit to carry a concealed pistol shall be issued to a specific person only and may not be transferred from one person to another.
Source:
SL 1985, ch 190, §13.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.4 - Revocation of permit--Procedure.

23-7-8.4. Revocation of permit--Procedure.
A prosecuting attorney, upon application of a law enforcement officer, may apply to the circuit court for an order to show cause why a person's permit to carry a concealed pistol should not be revoked. Upon order of the court, after hearing, the permit shall be revoked and the holder of the permit shall immediately surrender the permit to the sheriff of the county in which he resides.
Source:
SL 1985, ch 190, §14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.6 - List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.

23-7-8.6. List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
No state agency, political subdivision, official, agent, or employee of any state agency or political subdivision may knowingly keep or cause to be kept any list, record, or registry of privately owned firearms or any list, record, or registry of the owners of those firearms, or any list, record, or registry of holders of permits to carry a concealed pistol.
Source:
SL 2005, ch 124, §1; SL 2006, ch 133, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.7 - Application of firearm confidentiality provisions.

23-7-8.7. Application of firearm confidentiality provisions.
The provisions of §23-7-8.6 do not apply to:
(1)Records of firearms that have been used in committing any crime;
(2)Permits to carry a concealed pistol records relating to any person who has been convicted of a felony;
(3)Records of the serial numbers of firearms that have been reported stolen that are retained for a period not in excess of ten days after such firearms are recovered and returned to the lawful owner. However, official documentation recording the theft of a recovered weapon may be maintained no longer than the balance of the year entered and two additional years;
(4)Firearm records that must be retained by firearm dealers under federal law, including copies of such records transmitted to law enforcement agencies;
(5)Any on duty law enforcement officer while conducting routine verification of the validity of a permit to carry a concealed pistol;
(6)The secretary of state for the issuance of concealed pistol permits pursuant to chapter 23-7 and any access reasonably necessary to verify information with regard to specific permits individually; and
(7)The preservation of the triplicate copy of the application for a permit to carry a concealed pistol by the authority issuing the permit as required by §23-7-8.
Source:
SL 2005, ch 124, §2; SL 2009, ch 121, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.8 - Law enforcement officer not restricted in performance of official duty under specified circumstances.

23-7-8.8. Law enforcement officer not restricted in performance of official duty under specified circumstances.
The provisions of §§23-7-8.6 to 23-7-8.9, inclusive, do not restrict any law enforcement officer in the performance of any official duty if the law enforcement officer is in the immediate physical presence of a permit holder who has either presented a permit to the officer or declared to the officer that he or she is a permit holder.
Source:
SL 2005, ch 124, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.9 - Retention of data by law enforcement officer limited.

23-7-8.9. Retention of data by law enforcement officer limited.
The provisions of §§23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law enforcement officer from retaining any notes, data, or pieces of information, either collectively or individually, unless the retention of such notes, data, or pieces of information is pertinent to a specific ongoing investigation or prosecution. Access by law enforcement to information necessary to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol permit holders under §23-7-68 is authorized.
Source:
SL 2005, ch 124, §5; SL 2016, ch 132, §6, eff. Jan. 1, 2017.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.10 - Access restricted to application, record, or registry of holders of permits.

23-7-8.10. Access restricted to application, record, or registry of holders of permits.
No state agency, political subdivision, official, agent, employee of any state agency or political subdivision, may knowingly release or permit access to any application, list, record or registry of applicants or holders of permits to carry a concealed pistol to any person except another law enforcement agency or the secretary of state.
Source:
SL 2006, ch 133, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.11 - Renewal of regular permit to carry concealed pistol.

23-7-8.11. Renewal of regular permit to carry concealed pistol.
The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires. The holder must pass a background investigation, including a computer check of available online records and the National Instant Criminal Background Check, required under §23-7-7 prior to the renewal of the permit.
Source: SL 2017, ch 102, §1; SL 2018, ch 140, §3; SL 2022, ch 70, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.12 - Renewal of regular concealed carry permit by deployed military service member.

23-7-8.12. Renewal of regular concealed carry permit by deployed military service member.
If a South Dakota resident holds a regular concealed carry permit issued in accordance with §23-7-7, and is a member of a state National Guard unit, the Armed Forces of the United States, or the Armed Forces Reserves of the United States, and the holder's permit expires during an active duty military assignment or deployment outside the holder's state of residence, the holder may request a renewal form application from the Office of the Secretary of State. The secretary shall prescribe the contents of the application form and any accompanying materials. The application shall be accompanied by documentation of the deployment, including dates and location of the deployment if available for disclosure; an affidavit signed by the holder's commanding officer or unit commander attesting to the identity of the holder and the fact the holder is unable to return to the state to renew; and a copy of a current, valid, government-issued identification card with a photograph of the holder. The secretary shall specify the contents of the affidavit. The holder shall mail the application, containing original signatures in ink, to the sheriff in the holder's county of residence. The sheriff shall conduct the background investigation, including a computer check of available online records and the National Instant Criminal Background Check required under §23-7-7, within five days of receipt of the military application renewal form. The original signature of the applicant on the renewal form shall serve as the applicant's signature for the temporary permit.
Source:
SL 2017, ch 101, §1; SL 2018, ch 140, §4.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.13 - Grace period for renewal of permit.

23-7-8.13. Grace period for renewal of permit.
Upon the expiration of a permit to carry a concealed pistol that was issued pursuant to this chapter, the permit holder has a thirty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol.
Source:
SL 2017, ch 103, §1; SL 2019, ch 113, §12; SL 2020, ch 96, § 1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 07 - Firearms Control › Section 23-7-8.14 - Grace period not applicable to certain permit holders.

23-7-8.14. Grace period not applicable to certain permit holders.
The grace period provided in §23-7-8.13 does not apply to any permit holder who committed a crime that would make it unlawful for the permit holder to own or possess a gun, or a permit holder who attempted to renew the holder's permit, but was denied renewal upon application for a reason provided in §23-7-7.1.
Source:
SL 2017, ch 103, §2.