South Dakota Code — 23
Browse 387 sections in division 23 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 23-1A-1. Petty offense procedures used by all law enforcement and judicial officers.
- § 23-1A-2. Complaint and summons forms--Uniform traffic ticket--Contents.
- § 23-1A-2.1. Ticket form for juvenile cited violations.
- § 23-1A-3. State's attorney as attorney for plaintiff.
- § 23-1A-4. Complaint and summons as only complaint necessary.
- § 23-1A-5. Signature under oath on complaint--Traffic ticket issued by law enforcement officer.
- § 23-1A-6. Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.
- § 23-1A-7. Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.
- § 23-1A-8. Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.
- § 23-1A-9. Resisting service or refusal to give information as misdemeanor.
- § 23-1A-10. Defendant's options for disposal of case.
- § 23-1A-11. Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.
- § 23-1A-12. Admission of other than traffic violation in lieu of court appearance--Filing with deposit.
- § 23-1A-13. Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.
- § 23-1A-14. Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.
- § 23-1A-15. Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.
- § 23-1A-16. Relief from admission by appearing in court--Matter set for trial.
- § 23-1A-17. Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
- § 23-1A-18. Failure to appear after deposit or admission--Judgment entered.
- § 23-1A-19. Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.
- § 23-1A-20. Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.
- § 23-1A-21. Effect of judgment same as for other civil judgments--Execution, levy, and liens.
- § 23-1A-22. Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.
- § 23-1A-23. Judgment proceeds deposited in county treasuries.
- § 23-3-1. Police in municipalities--Law governing--Size of force.
- § 23-3-3. Attorney general--Jurisdiction concurrent with state's attorneys.
- § 23-3-4. Papers filed and appearances by attorney general.
- § 23-3-5. Duties of state's attorney in criminal matters unaffected by authority of attorney general.
- § 23-3-6. Division of Criminal Investigation--Control by attorney general.
- § 23-3-7. Personnel of division--Employment by attorney general--Compensation.
- § 23-3-8. Equipment purchase by attorney general.
- § 23-3-9. Expenditures of division limited to appropriation.
- § 23-3-10. Police powers of division personnel.
- § 23-3-11. Personnel of division--Direction of operations by Governor.
- § 23-3-12. Duty of division to prevent and detect violations.
- § 23-3-13. Apprehension of criminals and fugitives by division.
- § 23-3-14. Cooperation of division with local peace officers.
- § 23-3-15. Cooperation of division with agencies of other state, tribal governments, and FBI.
- § 23-3-15.1. Division cooperation with Indian tribes--Criminal history check--Certain positions.
- § 23-3-15.2. Division cooperation with Indian tribes--Criminal history check--Procedure--Fee.
- § 23-3-15.3. Exchange of information.
- § 23-3-16. System of criminal identification and investigation--Maintenance by division.
- § 23-3-17. Assistance by division in establishing local bureaus of identification.
- § 23-3-18. Division as official agency to train law enforcement officers--Intra-departmental training encouraged.
- § 23-3-18.1. Guidelines and procedures for reporting and investigation of missing persons, murdered indigenous women and children, and runaways--Training programs.
- § 23-3-18.2. Collection and sharing of information on missing and murdered indigenous persons.
- § 23-3-18.3. Definitions.
- § 23-3-18.4. Missing persons clearinghouse--Establishment--Purpose.
- § 23-3-18.5. Missing persons clearinghouse--Administration--Requirements.
- § 23-3-18.6. Missing persons clearinghouse--Report--Notification.
- § 23-3-18.7. Missing person clearinghouse--Purpose.
- § 23-3-18.8. Missing person located--Purging of information.
- § 23-3-19. Performance by division of other required duties.
- § 23-3-19.1. State Forensic Laboratory created--Assignment to criminal investigation division--Employees.
- § 23-3-19.2. Scientific examinations conducted by laboratory.
- § 23-3-19.3. Copy of statement of laboratory's or certified chemist's findings as prima facie evidence of facts therein--Force and effect--Personal testimony at accused's request.
- § 23-3-26. Training of law enforcement officers--Findings and policy.
- § 23-3-27. Law enforcement officer defined.
- § 23-3-27.1. Tribal law enforcement defined.
- § 23-3-28. Law Enforcement Officers Standards Commission--Appointment--Terms of members.
- § 23-3-28.1. Commission supported by attorney general's office.
- § 23-3-29. Death, resignation, or incapacity of commission member--Appointment of successor.
- § 23-3-30. Ex officio members of commission.
- § 23-3-31. Commission membership compatible with other office.
- § 23-3-32. Meetings of commission.
- § 23-3-33. Reports of commission.
- § 23-3-35. Powers of commission.
- § 23-3-35.1. Definitions.
- § 23-3-35.2. License required to question person using CVSA--Violation a misdemeanor.
- § 23-3-35.3. Requirements for license as CVSA examiner.
- § 23-3-35.4. Law enforcement canine team certification--Specialties.
- § 23-3-35.5. Canine certification standards and criteria--Rules--Fees.
- § 23-3-36. Commission supported by appropriations.
- § 23-3-37. Acceptance of donations and grants--Report and deposit.
- § 23-3-38. Administration of grants--Efficiency in operation.
- § 23-3-39. Establishment and maintenance of training programs.
- § 23-3-39.1. Airport security training to be provided--Maximum duration.
- § 23-3-39.2. Criteria for accepting person not employed as an officer in training program.
- § 23-3-39.3. Fee for person not employed as officer for training program.
- § 23-3-39.4. Domestic abuse training for law enforcement officers.
- § 23-3-39.5. Initial training to include domestic abuse.
- § 23-3-39.6. Domestic abuse and mental health training for state's attorney or deputy state's attorney.
- § 23-3-39.7. Domestic abuse training to utilize law enforcement officer training fund.
- § 23-3-39.8. Policies on response to domestic abuse situations.
- § 23-3-39.9. Response to resistance training.
- § 23-3-40. Reimbursement of expenses of officers in training.
- § 23-3-41. Probationary appointment of officers until training completed--Maximum probationary employment.
- § 23-3-42. Qualifications prescribed for law enforcement officers.
- § 23-3-42.1. Training in domestic abuse issues required.
- § 23-3-42.2. Unified Judicial System to provide access to juvenile adjudications and dispositions.
- § 23-3-43. Elected county sheriffs not exempt from prescribed qualifications--Education and training required.
- § 23-3-43.1. Certification of qualification of candidate for county sheriff.
- § 23-3-44. Certification of qualified officer trained in another state.
- § 23-3-45. Exemption of officers already serving.
- § 23-3-46. Division of Criminal Investigation to administer programs--Personnel.
- § 23-3-47. Severability.
- § 23-3-48. Legislative finding of necessity for law enforcement training center and other law enforcement facilities.
- § 23-3-49. Attorney general to accept gifts for training center and facilities.
- § 23-3-50. Division of Criminal Investigation to provide training and operate center--Supervision by attorney general.
- § 23-3-51. Law enforcement officers training fund created.
- § 23-3-52. Liquidated costs--Amount--Purposes--Waiver.
- § 23-3-53. Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses.
- § 23-3-55. Annual appropriation from fund--Allocation.
- § 23-3-65. 23-3-65 to 23-3-69. Repealed by SL 2012, ch 23, § 10.
- § 23-3-70. Immunity from civil liability for certain good faith conduct.
- § 23-3-71. County coroner training program.
- § 23-3-72. Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general.
- § 23-3-73. Referral to Government Operations and Audit Committee, secretary of state, or Judicial Qualifications Commission.
- § 23-3-74. Restriction on enforcement of immigration law prohibited.
- § 23-4-2. Possession by felon of police radio as misdemeanor--Radio stations unaffected.
- § 23-4-4. Federal licensees exempt from chapter.
- § 23-4-7. Possession of device receiving law enforcement or emergency dispatch communications while committing felony--Misdemeanor.
- § 23-5-1. Criminal identifying information--Procurement and filing by attorney general.
- § 23-5-2. Cooperation of attorney general with law enforcement officers to establish complete state system.
- § 23-5-3. Criminal records of inmates of penal institutions--Procuring and filing.
- § 23-5-4. Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor.
- § 23-5-5. Fingerprints taken on arrest--Comparison with files--Information on previous criminal record.
- § 23-5-6. Identification records made by wardens and superintendents of penal institutions.
- § 23-5-7. Identification records to be filed and preserved--Restrictions as to use.
- § 23-5-8. Warden of correctional facility--Furnishing of identification of inmates, transmission to Division of Criminal Investigation.
- § 23-5-10. Definition of terms.
- § 23-5-11. Confidential criminal justice information not subject to inspection--Exception.
- § 23-5-12. Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability.
- § 23-5-12.1. Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent.
- § 23-5-13. Costs of providing information--Special revenue fund.
- § 23-5A-1. Definition of terms.
- § 23-5A-2. Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities.
- § 23-5A-3. Duties of State Forensic Laboratory.
- § 23-5A-4. Persons required to provide DNA sample--Retroactivity of requirement.
- § 23-5A-5. Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample.
- § 23-5A-5.1. Registered sex offenders required to provide DNA sample.
- § 23-5A-5.2. Adult arrested for qualifying offense required to provide DNA sample.
- § 23-5A-6. Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample.
- § 23-5A-7. Interjurisdictional provisions to provide DNA sample.
- § 23-5A-8. Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application.
- § 23-5A-9. Agencies or institutions may contract with third parties to collect samples.
- § 23-5A-10. Fingerprints to be provided as identification of person.
- § 23-5A-11. DNA samples to be forwarded to State Forensic Laboratory.
- § 23-5A-12. Immunity from liability of persons collecting DNA samples.
- § 23-5A-13. Reasonable force allowed in collection of DNA sample--Immunity from liability.
- § 23-5A-14. Refusal to supply sample a felony.
- § 23-5A-15. Mistaken collection or placement of sample does not invalidate sample's use in database.
- § 23-5A-16. Promulgation of rules for collection, analysis, storage, etc..
- § 23-5A-17. Permissible uses of DNA analyses.
- § 23-5A-18. Uses of DNA samples remaining after analyses.
- § 23-5A-19. Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution.
- § 23-5A-20. Revocation of license of public DNA laboratory.
- § 23-5A-21. Third party contractors--Subject to restrictions and requirements of this chapter.
- § 23-5A-22. Confidentiality of records--Disclosure prohibited.
- § 23-5A-23. Records not public.
- § 23-5A-24. Discovery rules govern access to DNA records.
- § 23-5A-25. Release of record or sample for certain authorized purposes.
- § 23-5A-26. Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony.
- § 23-5A-27. Confidentiality of software and databases used by state laboratory.
- § 23-5A-28. Request for expungement--Grounds.
- § 23-5A-29. Expungement of record--Receipt of court order--Exception.
- § 23-5A-30. Expungement not required if certain other evidence would be destroyed.
- § 23-5A-31. Failure to expunge not grounds for invalidation.
- § 23-5A-32. Liberal construction of chapter--Other laws.
- § 23-5B-1. Order upon motion for DNA testing of person convicted of felony--Requirements.
- § 23-5B-2. Notice to attorney general and state's attorney of motion for testing--Response.
- § 23-5B-3. Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney.
- § 23-5B-4. Petitioner may retain counsel.
- § 23-5B-5. Preservation of evidence in state custody.
- § 23-5B-6. Testing laboratory.
- § 23-5B-7. Testing by agreement.
- § 23-5B-8. Disclosure of test results.
- § 23-5B-9. Submission of test results to State DNA Database.
- § 23-5B-10. Inconclusive test results or match between DNA sample and DNA evidence.
- § 23-5B-11. Match between DNA sample and other offense.
- § 23-5B-12. Denial of relief upon inconclusive test results.
- § 23-5B-13. Effect of match between DNA sample and DNA evidence.
- § 23-5B-14. Sentencing in prosecution for false assertions.
- § 23-5B-15. Motion for new trial where testing excludes petitioner as source of DNA evidence.
- § 23-5B-16. Grounds for new trial.
- § 23-5B-17. Habeas corpus.
- § 23-5C-1. Definitions.
- § 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-3. Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected.
- § 23-5C-4. Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database.
- § 23-6-1. Bureau of Criminal Statistics--Establishment in Office of Attorney General.
- § 23-6-2. Attorney general as director of bureau--Seal--No salary.
- § 23-6-3. Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation.
- § 23-6-4. Statistical information--Compilation by director--Misdemeanor.
- § 23-6-5. Information as to particular offenders--Gathering by director--Misdemeanor.
- § 23-6-6. Classification of crimes and offenders--Promulgation by director--Misdemeanor.
- § 23-6-7. Authority of director to enter prisons and penal institutions--Misdemeanor.
- § 23-6-8. Information received by bureau--Filing by director--Form and classification of records, preservation.
- § 23-6-8.1. Destruction of records of certain persons, incidents, and offenses.
- § 23-6-9. Copy of available information--Furnishing to law enforcement agencies--Misdemeanor.
- § 23-6-10. Reports by director--Contents--Distribution--Misdemeanor.
- § 23-6-11. Access of director to public records--Misdemeanor.
- § 23-6-12. Cooperation of bureau with federal government and other states--Development of international system of criminal identification--Misdemeanor.
- § 23-6-14. Access to files and records of bureau.
- § 23-6-15. Acceptance of rewards by director or employees prohibited.
- § 23-6-16. Officials dealing with persons charged with crime--Reports required by director--Misdemeanor.
- § 23-6-17. Coroners--Transmission of information required by director--Misdemeanor.
- § 23-6-19. Uniformity of interpretation of chapter.
- § 23-6-20. Citation of chapter.
- § 23-7-1. Definitions applicable to chapter.
- § 23-7-1.1. Antique or nondischargeable firearms excepted.
- § 23-7-7. Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited.
- § 23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial.
- § 23-7-7.2. Authority issuing permit--Liability limitation.
- § 23-7-7.3. Reciprocity with other states--Conditions.
- § 23-7-7.4. Repealed.
- § 23-7-7.5. Active duty military personnel and spouses.
- § 23-7-7.6. Time requirement for INTERPOL check.
- § 23-7-8. Application for permit, enhanced permit, or gold card permit to carry concealed pistol.
- § 23-7-8.1. Form and contents of permit, enhanced permit, and gold card permit.
- § 23-7-8.2. Duration of permit.
- § 23-7-8.3. Permit issued to specific person--Transfer prohibited.
- § 23-7-8.4. Revocation of permit--Procedure.
- § 23-7-8.6. List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited.
- § 23-7-8.7. Application of firearm confidentiality provisions.
- § 23-7-8.8. Law enforcement officer not restricted in performance of official duty under specified circumstances.
- § 23-7-8.9. Retention of data by law enforcement officer limited.
- § 23-7-8.10. Access restricted to application, record, or registry of holders of permits.
- § 23-7-8.11. Renewal of regular permit to carry concealed pistol.
- § 23-7-8.12. Renewal of regular concealed carry permit by deployed military service member.
- § 23-7-8.13. Grace period for renewal of permit.
- § 23-7-8.14. Grace period not applicable to certain permit holders.
- § 23-7-9. Pistol to be delivered wrapped and unloaded--Violation as misdemeanor.
- § 23-7-11. Regulation does not apply to sale of pistols at wholesale.
- § 23-7-12. False information or false evidence of identity to secure pistol or permit as felony.
- § 23-7-18. Sale of pistol by retail dealer--Restrictions--Misdemeanor.
- § 23-7-43. New serial number engraved or stamped on firearm.
- § 23-7-44. Possession of pistols by minors prohibited--Misdemeanor.
- § 23-7-45. Possession of pistols by minors--Exceptions to prohibitions.
- § 23-7-46. Prohibited transfer of firearms and ammunition to juveniles--Felony.
- § 23-7-47. Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
- § 23-7-48. Attorney general's transmission of certain names to National Instant Criminal Background Check System.
- § 23-7-49. Petition for restoration of right to possess firearm.
- § 23-7-50. Hearing for restoration of right to possess firearm--Confidentiality of record--Order.
- § 23-7-51. Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System.
- § 23-7-53. Enhanced permit to carry concealed pistol--Application.
- § 23-7-54. Temporary enhanced permit to carry concealed pistol--Requirements--Records.
- § 23-7-54.1. Repealed.
- § 23-7-54.2. Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty.
- § 23-7-54.3. Repealed.
- § 23-7-54.4. Request for unrestricted enhanced permit upon reaching age twenty-one.
- § 23-7-55. Duration of enhanced permit to carry concealed pistol--Identification required.
- § 23-7-56. Enhanced permit--Renewal--Requirements.
- § 23-7-57. References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit.
- § 23-7-58. Qualifying handgun course.
- § 23-7-59. Use of force course--Standards--Promulgation of rules—Liability limitation.
- § 23-7-59.1. Certified instructors--Actions of students--Liability limitation.
- § 23-7-60. Gold card permit to carry concealed pistol--Application.
- § 23-7-61. Temporary gold card permit to carry concealed pistol--Requirements--Records.
- § 23-7-62. Gold card permit--Renewal--Requirements.
- § 23-7-63. Duration of gold card permit to carry concealed pistol.
- § 23-7-64. Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit.
- § 23-7-65. Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor.
- § 23-7-66. Surrender to court of revoked gold card or enhanced concealed pistol permits.
- § 23-7-67. Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor.
- § 23-7-68. National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders.
- § 23-7-69. Notice to secretary of state of change of name or address--Issuance of new permit.
- § 23-7-70. Repealed.
- § 23-7-71. Minors prohibited from carrying concealed pistol except with parent or guardian.
- § 23-7-72. Concealed carry permit fees--Reimbursement to county.
- § 23-13-1. Prevention of offenses by officers of justice--Methods.
- § 23-13-2. Prevention of offenses by officers of justice--Assistance by other persons.
- § 23-13-4. Enforcement of gambling laws--Duties of public officers.
- § 23-13-5. Neglect of gambling investigation and enforcement--Investigation and prosecution by attorney general.
- § 23-13-6. Neglect of gambling investigation and enforcement as petty offense.
- § 23-13-7. Transcription and filing of testimony taken by prosecuting attorney.
- § 23-13-10. Report to sheriff of gunshot wounds treated.
- § 23-13-11. Oral report of gunshot wound as soon as possible.
- § 23-13-12. Immunity from liability for report.
- § 23-13-13. Claim of confidential relation privilege prohibited.
- § 23-13-14. Failure to report bullet wound--Misdemeanor.
- § 23-14-1. Duty of coroner to inquire into cause of death.
- § 23-14-3. Summons of jury for coroner's inquest.
- § 23-14-5. Bystander as juror--Juror failing to appear.
- § 23-14-7. Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt.
- § 23-14-9. Physician summoned to make examination--Compensation.
- § 23-14-9.1. Autopsy ordered by state's attorney, sheriff, or coroner.
- § 23-14-9.2. Autopsy fees--Physician, surgeon, or coroner performing autopsy--Responsibility for costs--Recovery from perpetrator’s estate.
- § 23-14-10. Testimony in writing--Subscribing by witnesses.
- § 23-14-12. Inquest not made public until arrest directed.
- § 23-14-13. Arrest of person charged--Coroner's warrant.
- § 23-14-14. Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint.
- § 23-14-15. Recitals in coroner's warrant--Foundation for commitment proceedings.
- § 23-14-16. Papers returned to circuit court.
- § 23-14-17. Forms to be promulgated--Publication--Effect of forms.
- § 23-14-18. Deaths to be investigated by coroner.
- § 23-14-18.1. Designation of special death investigators.
- § 23-14-18.2. Jurisdiction and duties of special death investigators.
- § 23-14-18.3. Investigation of uncertified deaths.
- § 23-14-18.4. Compensation of special death investigators.
- § 23-14-19. Joint custody of dead bodies and effects--Movement prohibited--Violation as misdemeanor.
- § 23-14-20. Certificate prepared by coroner.
- § 23-24-1. Definition of terms.
- § 23-24-2. Fugitives from other states--Governor to cause arrest and delivery.
- § 23-24-3. Form of demand for extradition to another state.
- § 23-24-4. Investigation by Governor.
- § 23-24-5. Agreement for return of fugitive to this state after trial or sentence in another state.
- § 23-24-6. Fugitive from another state who departed therefrom involuntarily.
- § 23-24-7. Fugitive from another state who was absent therefrom at the time of the commission of the crime.
- § 23-24-8. Governor's warrant of arrest--Issuance--Recitals.