Title 23 - LAW ENFORCEMENT
- Chapter 01 - Definitions And General Provisions [Repealed]
- Chapter 01A - Petty Offense Procedure
- Section 23-1A-1 - Petty offense procedures used by all law enforcement and judicial officers.
- Section 23-1A-10 - Defendant's options for disposal of case.
- Section 23-1A-11 - Written promise to appear--Admission and deposit--Immediate hearing if alternativesrefused--Violation of promise to appear as misdemeanor.
- Section 23-1A-12 - Admission of other than traffic violation in lieu of court appearance--Filing withdeposit.
- Section 23-1A-13 - Deposit in lieu of court appearance--Methods--Failure to appear as admission andforfeiture.
- Section 23-1A-14 - Receipt for deposit--Check as receipt--Stop payment and failure to appear asmisdemeanor.
- Section 23-1A-15 - Appearance not required after admission or deposit--Judgment for plaintiff--Depositas payment.
- Section 23-1A-16 - Relief from admission by appearing in court--Matter set for trial.
- Section 23-1A-17 - Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
- Section 23-1A-18 - Failure to appear after deposit or admission--Judgment entered.
- Section 23-1A-19 - Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.
- Section 23-1A-2 - Complaint and summons forms--Uniform traffic ticket--Contents.
- Section 23-1A-20 - Motor vehicle violation--Certification of judgment forwarded to Department ofPublic Safety.
- Section 23-1A-21 - Effect of judgment same as for other civil judgments--Execution, levy, and liens.
- Section 23-1A-22 - Amount of judgment for plaintiff--Reduction or elimination in interest of justice--Noaward to defendant--Amount of deposit.
- Section 23-1A-3 - State's attorney as attorney for plaintiff.
- Section 23-1A-4 - Complaint and summons as only complaint necessary.
- Section 23-1A-5 - Signing complaint.
- Section 23-1A-6 - Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.
- Section 23-1A-7 - Detention of violator to issue complaint and summons--Not an arrest--Summons orarrest for other public offense.
- Section 23-1A-8 - Hearing within ten days specified in summons--Earlier date if requested--Place ofhearing.
- Section 23-1A-9 - Resisting service or refusal to give information as misdemeanor.
- Chapter 02 - Basic Rights Of Defendants [Repealed]
- Chapter 03 - Law Enforcement Agencies
- Section 23-3-1 - Police in municipalities--Law governing--Size of force.
- Section 23-3-10 - Police powers of division personnel.
- Section 23-3-11 - Personnel of division--Direction of operations by Governor.
- Section 23-3-12 - Duty of division to prevent and detect violations.
- Section 23-3-13 - Apprehension of criminals and fugitives by division.
- Section 23-3-14 - Cooperation of division with local peace officers.
- Section 23-3-15 - Cooperation of division with federal government and agencies of other states.
- Section 23-3-15.1 - Cooperation with Sisseton-Wahpeton Sioux Tribe--Certain positions to havecriminal history checks.
- Section 23-3-15.2 - Fingerprint check of applicants for certain tribal positions--Fee.
- Section 23-3-15.3 - Exchange of information.
- Section 23-3-16 - System of criminal identification and investigation--Maintenance by division.
- Section 23-3-17 - Assistance by division in establishing local bureaus of identification.
- Section 23-3-18 - Division as official agency to train law enforcement and peace officers--Intra-departmental training encouraged.
- Section 23-3-18.1 - Division to coordinate missing persons and runaway assistance.
- Section 23-3-19 - Performance by division of other required duties.
- Section 23-3-19.1 - State Forensic Laboratory created--Assignment to criminal investigationdivision--Employees.
- Section 23-3-19.2 - Scientific examinations conducted by laboratory.
- Section 23-3-19.3 - Copy of statement of laboratory's or certified chemist's findings as prima facieevidence of facts therein--Force and effect--Personal testimony at accused'srequest.
- Section 23-3-2 - State capitol police--Appointment--Duties.
- Section 23-3-26 - Training of law enforcement officers--Findings and policy.
- Section 23-3-27 - Law enforcement officer defined.
- Section 23-3-28 - Law enforcement officers standards commission created--Appointment andterms of appointive members.
- Section 23-3-28.1 - Commission supported by attorney general's office.
- Section 23-3-29 - Death, resignation, or incapacity of commission member--Appointment ofsuccessor.
- Section 23-3-3 - Attorney general--Jurisdiction concurrent with state's attorneys.
- Section 23-3-30 - Ex officio members of commission.
- Section 23-3-31 - Commission membership compatible with other office.
- Section 23-3-32 - Meetings of commission.
- Section 23-3-33 - Reports of commission.
- Section 23-3-34 - Repealed.
- Section 23-3-35 - Powers of commission.
- Section 23-3-35.3 - Requirements for license as CVSA examiner.
- Section 23-3-35.4 - Law enforcement canine team certification--Specialties.
- Section 23-3-35.5 - Canine certification standards and criteria--Rules--Fees.
- Section 23-3-36 - Commission supported by appropriations.
- Section 23-3-37 - Acceptance of donations and grants--Report and deposit.
- Section 23-3-38 - Administration of grants--Efficiency in operation.
- Section 23-3-39 - Establishment and maintenance of training programs.
- Section 23-3-39.1 - Airport security training to be provided--Maximum duration.
- Section 23-3-39.2 - Criteria for accepting person not employed as an officer in training program.
- Section 23-3-39.3 - Fee for person not employed as officer for training program.
- Section 23-3-39.4 - Domestic abuse training for law enforcement officers.
- Section 23-3-39.5 - Initial training to include domestic abuse.
- Section 23-3-39.6 - Domestic abuse training for state's attorney or deputy state's attorney.
- Section 23-3-39.7 - Domestic abuse training to utilize law enforcement officer training fund.
- Section 23-3-39.8 - Policies on response to domestic abuse situations.
- Section 23-3-4 - Papers filed and appearances by attorney general.
- Section 23-3-40 - Reimbursement of expenses of officers in training.
- Section 23-3-41 - Probationary appointment of officers until training completed--Maximumprobationary employment.
- Section 23-3-42 - Qualifications prescribed for law enforcement officers.
- Section 23-3-42.1 - Training in domestic abuse issues required.
- Section 23-3-42.2 - Unified Judicial System to provide access to juvenile adjudications anddispositions.
- Section 23-3-43 - Elected county sheriffs not exempt from prescribed qualifications--Educationand training required.
- Section 23-3-43.1 - Certification of qualification of candidate for county sheriff.
- Section 23-3-44 - Certification of qualified officer trained in another state.
- Section 23-3-45 - Exemption of officers already serving.
- Section 23-3-46 - Division of Criminal Investigation to administer programs--Personnel.
- Section 23-3-47 - Severability.
- Section 23-3-48 - Legislative finding of necessity for law enforcement training center and otherlaw enforcement facilities.
- Section 23-3-49 - Attorney general to accept gifts for training center and facilities.
- Section 23-3-5 - Duties of state's attorney in criminal matters unaffected by authority ofattorney general.
- Section 23-3-50 - Division of Criminal Investigation to provide training and operate center--Supervision by attorney general.
- Section 23-3-51 - Law enforcement officers training fund created.
- Section 23-3-52 - Liquidated costs assessed for law enforcement and judicial expenses forpersonnel, training, and facilities--Amount.
- Section 23-3-53 - Collection by clerk of courts--Transmittal to state treasurer--Disposition.
- Section 23-3-54 - Repealed.
- Section 23-3-55 - Annual appropriation from fund--Allocation.
- Section 23-3-6 - Division of Criminal Investigation--Control by attorney general.
- Section 23-3-64 - Terms defined.
- Section 23-3-65 - Program for employees and applicants in safety-sensitive positions.
- Section 23-3-66 - Solicitation for employment--Notice of drug screening program required.
- Section 23-3-67 - Confidentiality of results.
- Section 23-3-68 - Disclosure of information as misdemeanor.
- Section 23-3-69 - Commissioner's authority to adopt rules.
- Section 23-3-7 - Personnel of division--Employment by attorney general--Compensation.
- Section 23-3-70 - Immunity from civil liability for certain good faith conduct.
- Section 23-3-8 - Equipment purchase by attorney general.
- Section 23-3-9 - Expenditures of division limited to appropriation.
- Sections 23-3-20 to 23-3-25 - Repealed
- Sections 23-3-35.1, 23-3-35.2 - Definitions. License required to question person using CVSA--Violation a misdemeanor
- Sections 23-3-56 to 23-3-63 - Repealed
- Chapter 04 - Safeguard Of Law Enforcement Radio Communications
- Section 23-4-1 - Emergency vehicle defined.
- Section 23-4-2 - Possession by felon of police radio as misdemeanor--Radio stations unaffected.
- Section 23-4-3 - Permit to monitor assigned frequencies.
- Section 23-4-4 - Federal licensees exempt from chapter.
- Section 23-4-5 - Unlawful possession of receiving set or converter without permission--Seizure bypeace officer.
- Chapter 05 - Criminal Identification
- Section 23-5-1 - Criminal identifying information--Procurement and filing by attorney general.
- Section 23-5-10 - Definition of terms.
- Section 23-5-11 - Confidential criminal justice information not subject to inspection--Exception.
- Section 23-5-12 - Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability.
- Section 23-5-12.1 - Criminal record check by schools, child welfare agencies or certified socialworker on prospective employee or parent.
- Section 23-5-13 - Costs of providing information--Special revenue fund.
- Section 23-5-2 - Cooperation of attorney general with law enforcement officers to establishcomplete state system.
- Section 23-5-3 - Criminal records of inmates of penal institutions--Procuring and filing.
- Section 23-5-4 - Fingerprints to be taken and forwarded on arrests--Failure of officer to takeand report as misdemeanor.
- Section 23-5-5 - Fingerprints taken on arrest--Comparison with files--Information on previouscriminal record.
- Section 23-5-6 - Identification records made by wardens and superintendents of penalinstitutions.
- Section 23-5-7 - Records for identification of prisoners--Filing and preserving in departmentor institution--Restrictions as to use.
- Section 23-5-8 - Warden of penitentiary--Furnishing of identification of inmates, transmissionto Division of Criminal Investigation.
- Section 23-5-9 - Repealed.
- Chapter 05A - DNA Samples
- Section 23-5A-1 - Definition of terms.
- Section 23-5A-10 - Fingerprints to be provided as identification of person.
- Section 23-5A-11 - DNA samples to be forwarded to State Forensic Laboratory.
- Section 23-5A-12 - Immunity from liability of persons collecting DNA samples.
- Section 23-5A-13 - Reasonable force allowed in collection of DNA sample--Immunity from liability.
- Section 23-5A-14 - Refusal to supply sample a felony.
- Section 23-5A-15 - Mistaken collection or placement of sample does not invalidate sample's use indatabase.
- Section 23-5A-16 - Promulgation of rules for collection, analysis, storage, etc.
- Section 23-5A-17 - Permissible uses of DNA analyses.
- Section 23-5A-18 - Uses of DNA samples remaining after analyses.
- Section 23-5A-19 - Use of analyses performed on persons adjudicated delinquent--Includes adultprosecution.
- Section 23-5A-2 - Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.
- Section 23-5A-20 - Revocation of license of public DNA laboratory.
- Section 23-5A-21 - Third party contractors--Subject to restrictions and requirements of this chapter.
- Section 23-5A-22 - Confidentiality of records--Disclosure prohibited.
- Section 23-5A-23 - Records not public.
- Section 23-5A-24 - Discovery rules govern access to DNA records.
- Section 23-5A-25 - Release of record or sample for certain authorized purposes.
- Section 23-5A-26 - Disclosure to unauthorized person or agency a felony--Unauthorized use ortampering a felony.
- Section 23-5A-27 - Confidentiality of software and databases used by state laboratory.
- Section 23-5A-28 - Request for expungement--Grounds.
- Section 23-5A-29 - Expungement of record--Receipt of court order--Exception.
- Section 23-5A-3 - Duties of State Forensic Laboratory.
- Section 23-5A-30 - Expungement not required if certain other evidence would be destroyed.
- Section 23-5A-31 - Failure to expunge not grounds for invalidation.
- Section 23-5A-4 - Persons convicted or adjudicated delinquent for qualifying offense required toprovide DNA sample.
- Section 23-5A-5 - Persons convicted or adjudicated delinquent for qualifying offense required toprovide DNA sample.
- Section 23-5A-5.1 - Registered sex offenders required to provide DNA sample.
- Section 23-5A-5.2 - Adult arrested for qualifying offense required to provide DNA sample.
- Section 23-5A-6 - Incarcerated or supervised persons to provide DNA sample--Release contingent uponprovision of sample.
- Section 23-5A-7 - Interjurisdictional provisions to provide DNA sample.
- Section 23-5A-8 - Application of this chapter to persons on probation or parole--Application to personssentenced to death, life or indeterminate sentences--Other application.
- Section 23-5A-9 - Agencies or institutions may contract with third parties to collect samples.
- Chapter 05B - DNA Testing Of Persons Convicted Of Felonies
- Section 23-5B-1 - Order upon motion for DNA testing of person convicted of felony--Requirements.
- Section 23-5B-10 - Inconclusive test results or match between DNA sample and DNA evidence.
- Section 23-5B-11 - Match between DNA sample and other offense.
- Section 23-5B-12 - Denial of relief upon inconclusive test results.
- Section 23-5B-13 - Effect of match between DNA sample and DNA evidence.
- Section 23-5B-14 - Sentencing in prosecution for false assertions.
- Section 23-5B-15 - Motion for new trial where testing excludes petitioner as source of DNA evidence.
- Section 23-5B-16 - Grounds for new trial.
- Section 23-5B-2 - Notice to attorney general and state's attorney of motion for testing--Response.
- Section 23-5B-3 - Referral of indigent petitioner's request for testing to Innocence Project or volunteerattorney.
- Section 23-5B-4 - Petitioner may retain counsel.
- Section 23-5B-5 - Preservation of evidence in state custody.
- Section 23-5B-6 - Testing laboratory.
- Section 23-5B-7 - Testing by agreement.
- Section 23-5B-8 - Disclosure of test results.
- Section 23-5B-9 - Submission of test results to State DNA Database.
- Chapter 06 - Criminal Statistics
- Section 23-6-1 - Bureau of Criminal Statistics--Establishment in Office of Attorney General.
- Section 23-6-10 - Reports by director--Contents--Distribution--Misdemeanor.
- Section 23-6-11 - Access of director to public records--Misdemeanor.
- Section 23-6-12 - Cooperation of bureau with federal government and other states--Development ofinternational system of criminal identification--Misdemeanor.
- Section 23-6-13 - Superseded.
- Section 23-6-14 - Access to files and records of bureau.
- Section 23-6-15 - Acceptance of rewards by director or employees prohibited.
- Section 23-6-16 - Officials dealing with persons charged with crime--Reports required by director--Misdemeanor.
- Section 23-6-17 - Coroners--Transmission of information required by director--Misdemeanor.
- Section 23-6-18 - Superseded.
- Section 23-6-19 - Uniformity of interpretation of chapter.
- Section 23-6-2 - Attorney general as director of bureau--Seal--No salary.
- Section 23-6-3 - Work of bureau--Assignment of deputies and clerks--Expenses paid from departmentappropriation.
- Section 23-6-4 - Statistical information--Compilation by director--Misdemeanor.
- Section 23-6-5 - Information as to particular offenders--Gathering by director--Misdemeanor.
- Section 23-6-6 - Classification of crimes and offenders--Promulgation by director--Misdemeanor.
- Section 23-6-7 - Authority of director to enter prisons and penal institutions--Misdemeanor.
- Section 23-6-8 - Information received by bureau--Filing by director--Form and classification ofrecords, preservation.
- Section 23-6-8.1 - Destruction of records of certain persons, incidents, and offenses.
- Section 23-6-9 - Copy of available information--Furnishing to law enforcement agencies--Misdemeanor.
- Chapter 07 - Firearms Control
- Section 23-7-1 - Definitions applicable to chapter.
- Section 23-7-1.1 - Antique or nondischargeable firearms excepted.
- Section 23-7-10 - Repealed.
- Section 23-7-11 - Regulation does not apply to sale of pistols at wholesale.
- Section 23-7-12 - False information or false evidence of identity to secure pistol or permit asfelony.
- Section 23-7-18 - Sale of pistol by retail dealer--Restrictions--Misdemeanor.
- Section 23-7-19 - Repealed.
- Section 23-7-2 - Repealed.
- Section 23-7-20 - Repealed.
- Section 23-7-24 - Superseded.
- Section 23-7-3 - Repealed.
- Section 23-7-40 - Purchase of rifles and shotguns by residents of South Dakota and contiguousstates--Implementation of federal provisions.
- Section 23-7-41 - Effect of repeal of federal restrictions on purchase of firearms accessories.
- Section 23-7-42 - Repealed.
- Section 23-7-43 - New serial number engraved or stamped on firearm.
- Section 23-7-44 - Possession of pistols by minors prohibited--Misdemeanor.
- Section 23-7-45 - Exceptions to prohibition against possession of pistols by minors.
- Section 23-7-7 - Permit to carry concealed pistol--Statewide validity--Backgroundinvestigation.
- Section 23-7-7.1 - Requirements for issuance of temporary permit--Time--Appeal of denial.
- Section 23-7-7.2 - Liability of issuing authority.
- Section 23-7-7.3 - Reciprocity with other states--Conditions.
- Section 23-7-7.4 - Nonresident permit to carry concealed pistol--Validity in South Dakota--Application.
- Section 23-7-7.5 - Temporary permit--Active duty military personnel.
- Section 23-7-8 - Application for permit--Form and contents--Distribution and retention ofcopies--Issuance of official permit.
- Section 23-7-8.1 - Form and contents of permit.
- Section 23-7-8.10 - Access restricted to application, record, or registry of holders of permits.
- Section 23-7-8.2 - Duration of permit--Fee.
- Section 23-7-8.3 - Permit issued to specific person--Transfer prohibited.
- Section 23-7-8.4 - Revocation of permit--Procedure.
- Section 23-7-8.5 - Repealed.
- Section 23-7-8.6 - List, record, or registry of privately owned firearms, owners of firearms, orholders of permits prohibited.
- Section 23-7-8.7 - Application of firearm confidentiality provisions.
- Section 23-7-8.8 - Law enforcement officer not restricted in performance of official duty underspecified circumstances.
- Section 23-7-8.9 - Retention of data by law enforcement officer limited.
- Section 23-7-9 - Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
- Sections 23-7-13 to 23-7-17 - Repealed
- Sections 23-7-21 to 23-7-23 - Repealed
- Sections 23-7-25 to 23-7-39 - Repealed
- Sections 23-7-3.1 to 23-7-6 - Repealed
- Sections 23-7-46, 23-7-7.1 - Prohibited transfer of firearms and ammunition to juveniles--Felony. Requirements for issuance of temporary permit--Time--Appeal of denial
- Chapter 08 - Limitation Of Criminal Actions [Repealed]
- Chapter 09 - Territorial Jurisdiction And Venue Of Prosecution [Repealed]
- Chapter 10 - Persons Subject To Criminal Proceedings [Repealed]
- Chapter 11 - Riots And Resistance Of Process [Repealed]
- Chapter 12 - Peace Bond [Repealed]
- Chapter 13 - Prevention And Investigation Of Crimes
- Section 23-13-1 - Prevention of offenses by officers of justice--Methods.
- Section 23-13-10 - Report to sheriff of gunshot wounds treated.
- Section 23-13-11 - Oral report of gunshot wound as soon as possible.
- Section 23-13-12 - Immunity from liability for report.
- Section 23-13-13 - Claim of confidential relation privilege prohibited.
- Section 23-13-14 - Failure to report bullet wound--Misdemeanor.
- Section 23-13-2 - Prevention of offenses by officers of justice--Assistance by other persons.
- Section 23-13-3 - Repealed.
- Section 23-13-4 - Enforcement of gambling laws--Duties of public officers.
- Section 23-13-5 - Neglect of gambling investigation and enforcement--Investigation andprosecution by attorney general.
- Section 23-13-6 - Neglect of gambling investigation and enforcement as petty offense.
- Section 23-13-7 - Transcription and filing of testimony taken by prosecuting attorney.
- Sections 23-13-15, 23-13-16 - Repealed
- Sections 23-13-8, 23-13-9 - Repealed
- Chapter 13A - Interception Of Wire Or Oral Communications [Transferred And Repealed]
- Chapter 14 - Coroner's Inquests
- Section 23-14-1 - Duty of coroner to inquire into cause of death.
- Section 23-14-10 - Testimony in writing--Subscribing by witnesses.
- Section 23-14-11 - Repealed.
- Section 23-14-12 - Inquest not made public until arrest directed.
- Section 23-14-13 - Arrest of person charged--Coroner's warrant.
- Section 23-14-14 - Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint.
- Section 23-14-15 - Recitals in coroner's warrant--Foundation for commitment proceedings.
- Section 23-14-16 - Papers returned to circuit court.
- Section 23-14-17 - Forms to be promulgated--Publication--Effect of forms.
- Section 23-14-18 - Deaths to be investigated by coroner.
- Section 23-14-18.1 - Designation of special death investigators.
- Section 23-14-18.2 - Jurisdiction and duties of special death investigators.
- Section 23-14-18.3 - Investigation of uncertified deaths.
- Section 23-14-18.4 - Compensation of special death investigators.
- Section 23-14-19 - Joint custody of dead bodies and effects--Movement prohibited--Violation asmisdemeanor.
- Section 23-14-2 - Repealed.
- Section 23-14-3 - Summons of jury for coroner's inquest.
- Section 23-14-4 - Repealed.
- Section 23-14-5 - Bystander as juror--Juror failing to appear.
- Section 23-14-6 - Repealed.
- Section 23-14-7 - Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt.
- Section 23-14-8 - Repealed.
- Section 23-14-9 - Physician summoned to make examination--Compensation.
- Section 23-14-9.1 - Autopsy ordered by state's attorney, sheriff, or coroner.
- Section 23-14-9.2 - Autopsy fees--Coroner performing autopsy--County of residence to pay for autopsy.
- Chapter 15 - Search Warrant [Repealed]
- Chapter 16 - Disposition Of Property Seized [Repealed]
- Chapter 17 - Destruction Of Gambling Devices [Repealed]
- Chapter 18 - Suppression Of Obscene Objects [Repealed]
- Chapter 19 - Complaints And Preliminary Information [Repealed]
- Chapter 20 - Filing Of Information [Repealed]
- Chapter 21 - Warrants For Arrest [Repealed]
- Chapter 22 - Arrest And Delivery To Magistrate [Repealed]
- Chapter 23 - Arrests By Officers Of Other States [Repealed]
- Chapter 24 - Extradition Proceedings
- Section 23-24-1 - Definition of terms.
- Section 23-24-10 - Authority of arresting officer.
- Section 23-24-11 - Rights of accused person before delivery to agent for extradition--Violation asmisdemeanor.
- Section 23-24-12 - Application for habeas corpus to test legality of arrest.
- Section 23-24-13 - Confinement in jail when necessary.
- Section 23-24-14 - Taking prisoner from another state to demanding state through this state--Confinement in jail.
- Section 23-24-15 - Arrest prior to requisition.
- Section 23-24-16 - Arrest without a warrant.
- Section 23-24-17 - Commitment to await requisition.
- Section 23-24-18 - Bail pending proceedings--Conditions of bond.
- Section 23-24-19 - Failure to arrest under Governor's warrant within specified time--Discharge orrecommitment--New bail.
- Section 23-24-2 - Fugitives from other states--Governor to cause arrest and delivery.
- Section 23-24-20 - Forfeiture of bail.
- Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition.
- Section 23-24-22 - Identifying prisoner as the person charged with the crime--No other inquiryconcerning guilt.
- Section 23-24-23 - Governor may recall warrant or issue alias.
- Section 23-24-24 - Written waiver of extradition proceedings.
- Section 23-24-25 - Consent to return to demanding state--Execution--Filing--Effect.
- Section 23-24-26 - Voluntary return without formality.
- Section 23-24-27 - Nonwaiver by this state.
- Section 23-24-28 - Fugitives from this state--Governor to issue warrant.
- Section 23-24-29 - Application for Governor's requisition from another state--Person charged withcrime--Contents--Certification by prosecuting attorney.
- Section 23-24-3 - Form of demand for extradition to another state.
- Section 23-24-30 - Person convicted of escaping or violating bail, probation or parole--Application forrequisition, by whom made, contents.
- Section 23-24-31 - Application for Governor's requisition--Verification--Accompanying documents.
- Section 23-24-32 - Disposition of copies of application and accompanying documents.
- Section 23-24-33 - Immunity from civil process.
- Section 23-24-34 - No immunity as to prosecution for other crimes.
- Section 23-24-35 - Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined.
- Section 23-24-36 - Custody and restraint of person in South Dakota by agent of foreign state.
- Section 23-24-37 - Uniformity of interpretation.
- Section 23-24-38 - Severability of provisions.
- Section 23-24-4 - Investigation by Governor.
- Section 23-24-5 - Agreement for return of fugitive to this state after trial or sentence in another state.
- Section 23-24-6 - Fugitive from another state who departed therefrom involuntarily.
- Section 23-24-7 - Fugitive from another state who was absent therefrom at the time of the commissionof the crime.
- Section 23-24-8 - Governor's warrant of arrest--Issuance--Recitals.
- Section 23-24-9 - Manner and place of execution.
- Chapter 24A - Interstate Agreement On Detainers
- Section 23-24A-1 - Findings, policy, and purpose of party states.
- Section 23-24A-10 - Request for disposition includes all untried accusations.
- Section 23-24A-11 - Dismissal of accusations not tried before return to place of imprisonment.
- Section 23-24A-12 - State's request for temporary custody and availability--Approval by court ofrequesting state--Time for action by Governor of sending state--Notice to prisoner.
- Section 23-24A-13 - Custodial officer's certificate as to terms of imprisonment--Contents--Notice to otheragencies in requesting state.
- Section 23-24A-14 - Time for trial after return to requesting state--Continuance.
- Section 23-24A-15 - Tolling of time periods for trial.
- Section 23-24A-16 - Right of prisoner to contest legality of delivery.
- Section 23-24A-17 - Delivery of temporary custody by sending state--Offer to accompany prisoner'srequest for final disposition--Federal prisoner.
- Section 23-24A-18 - Documents required of officer accepting temporary custody.
- Section 23-24A-19 - Duty of custodial officer to give over person of inmate.
- Section 23-24A-2 - Definition of terms.
- Section 23-24A-20 - Limitation on purpose of temporary custody--Type of jail used for prisoner.
- Section 23-24A-21 - Escape while in another state.
- Section 23-24A-22 - Dismissal of accusation on failure to accept custody or try case--Detainer void.
- Section 23-24A-23 - Running of sentence during temporary custody--Good time earned.
- Section 23-24A-24 - Prisoner deemed in custody and jurisdiction of sending state--Escape from temporarycustody.
- Section 23-24A-25 - Responsibilities of receiving state--Supplementary agreement for allocation of costsand responsibilities--Internal relationships in state not altered.
- Section 23-24A-26 - Dismissal of accusation not tried before return to imprisonment.
- Section 23-24A-27 - Return of prisoner to sending state.
- Section 23-24A-28 - Mentally ill persons not covered.
- Section 23-24A-29 - Habitual offenders law not covered.
- Section 23-24A-3 - Notice by prisoner of place of imprisonment and request for final disposition--Timefor trial--Continuance.
- Section 23-24A-30 - Designation of officer in party states to implement agreement.
- Section 23-24A-31 - Attorney general as central administrator or information agent--Rules and regulationssubject to administrative procedure law.
- Section 23-24A-32 - Enforcement and cooperation by state agencies and political subdivisions.
- Section 23-24A-33 - Agreement in force on enactment into law--Withdrawal by party state.
- Section 23-24A-4 - Prisoner to be informed of detainer and right to final disposition.
- Section 23-24A-5 - Prisoner's notice and request delivered to custodial officer--Forwarding toprosecuting officials.
- Section 23-24A-6 - Certificate of custodial official to accompany prisoner's request for final disposition--Contents.
- Section 23-24A-7 - Notice by custodial officer to prosecuting officers and courts of prisoner's request forfinal disposition.
- Section 23-24A-8 - Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence.
- Section 23-24A-9 - Escape voids request for final disposition.
- Chapter 24B - Extradition Of Fugitive Indians
- Section 23-24B-1 - Extradition to tribe of Indian fugitive found within state's jurisdiction.
- Section 23-24B-2 - Compact with tribe required for extradition.
- Section 23-24B-3 - Written request required--Contents--Copy of arrest warrant and judgment--Swornstatement from reservation judicial officer.
- Section 23-24B-3.1 - Extradition or prosecution of state charges against fugitive Indian.
- Section 23-24B-3.2 - Submission of documents to circuit judge--Warrant of arrest.
- Section 23-24B-4 - Proceedings conducted between circuit judge and tribal judge or magistrate.
- Section 23-24B-4.1 - Investigation and report to judge by attorney general.
- Section 23-24B-4.2 - Scope of circuit judge's inquiry.
- Section 23-24B-5 - Governor's participation not required.
- Section 23-24B-5.1 - Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor.
- Section 23-24B-6 - Habeas corpus provisions applicable.
- Section 23-24B-7 - Waiver of extradition--Advice as to rights.
- Chapter 25 - Escapes And Rescues [Repealed]
- Chapter 26 - Bail In Criminal Cases [Repealed And Transferred]
- Chapter 26A - Rendition Of Accused Persons
- Section 23-26A-1 - Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate.
- Section 23-26A-2 - Warrant for arrest of accused person.
- Section 23-26A-3 - Magistrate's direction to prosecuting attorney to investigate.
- Section 23-26A-4 - Arrested person taken before magistrate--Advice as to rights.
- Section 23-26A-5 - Waiver of hearing by person arrested.
- Section 23-26A-6 - Release of accused person pending hearing.
- Section 23-26A-7 - Hearing and order for return to other state--Findings required.
- Section 23-26A-8 - Uniformity of construction.
- Section 23-26A-9 - Severability of provisions.
- Chapter 27 - Preliminary Examination By Magistrate [Repealed]
- Chapter 28 - Change Of Venue [Repealed]
- Chapter 29 - Grand Jury [Repealed]
- Chapter 30 - Investigations By Grand Jury [Repealed]
- Chapter 31 - Indictments And Presentments [Repealed]
- Chapter 32 - Form And Contents Of Pleadings [Repealed]
- Chapter 33 - Compromise Of Misdemeanor Without Trial [Repealed]
- Chapter 34 - Dismissal Of Actions Without Trial [Repealed]
- Chapter 35 - Arraignment And Pleas [Repealed]
- Chapter 36 - Defensive Motions, Demurrers And Objections To Introduction Of Evidence [Repealed]
- Chapter 37 - Pretrial Notice Of Special Defenses [Repealed]
- Chapter 38 - Inquiry Into Defendant's Mental Competency To Proceed [Transferred]39. Defects In Pleadings Or Jurisdiction [Repealed]
- Chapter 40 - Subpoena And Attendance Of Witnesses [Repealed]
- Chapter 41 - Depositions [Repealed]
- Chapter 42 - Conduct Of Trial In Circuit Court [Repealed]
- Chapter 43 - Trial Jury [Repealed]
- Chapter 44 - Evidence And Issues Of Fact [Repealed And Transferred]
- Chapter 45 - Jury Deliberations And Verdict [Repealed]
- Chapter 46 - Trial Record And Exceptions [Repealed]
- Chapter 47 - Arrest Of Judgment [Repealed]
- Chapter 48 - Judgment And Sentence [Repealed]
- Chapter 48A - Restitution For Victims Of Crime [Repealed]
- Chapter 49 - Capital Punishment [Repealed]
- Chapter 50 - New Trial [Repealed]
- Chapter 51 - Appeal To Supreme Court [Repealed]
- Chapter 52 - Post-Conviction Proceedings [Repealed]
- Chapter 53 - County Court Procedure [Repealed]
- Chapter 54 - Justice Court Procedure [Repealed]
- Chapter 55 - Appeals From Justice Court [Repealed]
- Chapter 56 - Municipal Court Procedure [Repealed]
- Chapter 57 - Suspension Of Sentence And Judicial Clemency [Repealed And Transferred]
- Chapter 58 - Board Of Pardons And Paroles [Repealed]
- Chapter 59 - Executive Clemency [Repealed]
- Chapter 60 - Paroles From The Penitentiary [Repealed]
- Chapter 61 - Paroles From State Training School [Repealed]