South Dakota Code — 33
Browse 463 sections in division 33 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 33-1-1. Definitions.
- § 33-1-2. Adjutant general--Rank--Appointment--Qualifications.
- § 33-1-2.1. Office continued in Department of the Military.
- § 33-1-6. Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census.
- § 33-1-7. Cooperation with and from other departments.
- § 33-1-8. General staff--Composition and responsibilities--Assistants.
- § 33-1-9.1. Department abolished--Performance of functions.
- § 33-1-10. Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants.
- § 33-1-10.1. Assistant adjutants general--Tour of duty--Reappointment.
- § 33-1-11. Seal of department.
- § 33-1-12. Adjutant general as general supervisor of department--Staff assistants.
- § 33-1-13. Staff sections and administrative assistants.
- § 33-1-14. Qualifications of staff officers--Term of office--Vacancies.
- § 33-1-15. Officers and appointees--Clerical and other employees--Salaries.
- § 33-1-16. Rank of staff assistants--Compensation and traveling expenses.
- § 33-1-17. Repealed.
- § 33-1-17.1. Repealed.
- § 33-1-18. Repealed.
- § 33-1-19. Repealed.
- § 33-1-21. Federally designated holidays to be observed.
- § 33-2-1. Governor as commander of militia--Organized portion as South Dakota National Guard.
- § 33-2-2. Composition of militia--National Guard and unorganized militia.
- § 33-2-3. Persons exempt from military duty--Circumstances under which exemption is inapplicable.
- § 33-2-4. Conscientious objectors as exempt--Persons exempt by laws of United States.
- § 33-2-6. Circumstances under which militia may be put in actual service.
- § 33-2-7. Ranking officer as commander of troops in service--Citizenship requirement.
- § 33-2-8. Law governing militia in active service.
- § 33-2-9. Pay during active service.
- § 33-3-2. Personnel comprising National Guard.
- § 33-3-3. Composition of military units--Authorization for units by President of United States.
- § 33-3-5. Recognition of units by Department of Defense.
- § 33-3-6. Emergency mustering of National Guard.
- § 33-3-7. Recruiting additional authorized units.
- § 33-3-8. Location of units--Disbanding or reducing size of units.
- § 33-3-9. Organization, equipment, and discipline of National Guard--Federal requirements.
- § 33-3-10. Discipline and training.
- § 33-3-11. Orders issued by governor--Federal requirements.
- § 33-3-12. Applicability of federal regulations.
- § 33-3-13. General efficiency of National Guard--Duty of adjutant general.
- § 33-3-14. Duty of subordinate commanding officers.
- § 33-3-15. Duty of other officers and enlisted men--Preservation of property.
- § 33-3-21. Marking ground selected for guard activity--Obstruction of travel--Trespassers--Misdemeanor.
- § 33-3-22. Interfering with National Guard members in performance of duty--Misdemeanor.
- § 33-3-23. Target practice--Competition.
- § 33-3-28. Military personnel authorized to administer oaths.
- § 33-3-29. Awards to outstanding members of guard authorized.
- § 33-4-1. Officers commissioned at discretion of Governor--Examination--Oath of office.
- § 33-4-2. Citizenship and qualifications--Previous expulsion from service.
- § 33-4-5. Additional requirements.
- § 33-4-8. Appointment of officers for new organization.
- § 33-4-9. Oath of office.
- § 33-4-10. Issuance of commissions--Filing of oath.
- § 33-4-12. Board of Examiners--Promulgation of rules.
- § 33-4-19. Repealed.
- § 33-5-1. Qualifications and procedures for enlistment.
- § 33-5-10. Change of residence within state.
- § 33-5-11. Conditions for discharge before expiration of enlistment.
- § 33-5-15.1. Failure to return military property as theft.
- § 33-5-17. Discharges subject to state and federal law.
- § 33-5-18. Rules governing discharges.
- § 33-6-2. Exemption from arrest and process at certain times.
- § 33-6-3. Right of way while performing duty--Interference with law enforcement personnel or emergency vehicles prohibited.
- § 33-6-4. Representation furnished National Guard members in civil proceedings--Security for costs--Attorneys fees and costs.
- § 33-6-5. Member tuition benefit--Board of Regents undergraduate degree programs--Limitations.
- § 33-6-5.1. Member tuition benefit--Board of Regents graduate degree programs--Limitations.
- § 33-6-5.2. Member tuition benefit--Board of Regents undergraduate courses not subsidized by general fund--Limitation.
- § 33-6-5.3. Member tuition benefit--Board of Regents graduate courses not subsidized by general fund--Limitation.
- § 33-6-5.4. Member tuition benefit--Federal tuition benefit defined.
- § 33-6-5.5. Member tuition benefit--In-state, private, nonprofit postsecondary institution--Participation--Estimate submission.
- § 33-6-5.6. Member tuition benefit--In-state, private, nonprofit postsecondary institution--Maximum benefit.
- § 33-6-6. Member tuition benefit--State technical college programs--Limitations.
- § 33-6-7. Member tuition benefit--Eligibility.
- § 33-6-8. Member tuition benefit--Application--Determination--Promulgation of rules.
- § 33-6-8.1. Tuition benefits for nonresident national guard members.
- § 33-7-1. Active duty pay and allowances.
- § 33-7-3. Stopping pay to recover charges against member of guard.
- § 33-7-6. Reimbursement for certain expenses--Use of transportation assets for military purposes.
- § 33-7-7. Medical care of temporarily injured or ill members--Continuation of pay and allowances.
- § 33-8-1. Repealed.
- § 33-8-5. Repealed.
- § 33-8-6. Repealed.
- § 33-8-7. Repealed.
- § 33-8-8. Repealed.
- § 33-9-1. Authority of Governor to order active service--Application of other public officials.
- § 33-9-2. Absence of Governor--Authority of National Guard commanders.
- § 33-9-3. Delivery and communication of active service order--Procedure.
- § 33-9-4. Repealed by SL 2012, ch 173, §§ 3 to 5.
- § 33-9-7. Accessories to disobedience--Misdemeanor.
- § 33-9-8. Response to disasters--Suppression of riots--Duty to obey civilian officials.
- § 33-9-9. Injuries in course of riot suppression--Members and magistrates exonerated--Rioters held to answer.
- § 33-9-10. Immunity of commanding officers and members of military forces.
- § 33-9-11. Compensation and expenses during active service.
- § 33-9-12. National Guard Mutual Assistance Compact--Enactment--Text of compact.
- § 33-9-13. State service periods--Rights and benefits.
- § 33-9-14. Claims--Payment.
- § 33-9-15. National Guard Mutual Assistance Counter-drug Activities Compact--Enactment--Text of Compact.
- § 33-10-1. Repealed by SL 2012, ch 175, §§ 290 to 308.
- § 33-10-20. Definitions.
- § 33-10-21. Persons subject to this code.
- § 33-10-22. Subject matter jurisdiction--Primary jurisdiction.
- § 33-10-23. Jurisdiction over persons charged with fraudulent discharge.
- § 33-10-24. Jurisdiction over deserters.
- § 33-10-25. Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction.
- § 33-10-26. Extraterritorial jurisdiction.
- § 33-10-27. Judge advocate supervision.
- § 33-10-28. Communication with judge advocates.
- § 33-10-29. Judge advocate to reviewing authority.
- § 33-10-30. Apprehension defined.
- § 33-10-31. Persons authorized to apprehend upon probable cause.
- § 33-10-32. Quelling of or apprehension for quarrels, frays, and disorders.
- § 33-10-33. Extradition.
- § 33-10-34. Fees for apprehension.
- § 33-10-35. Arrest and confinement defined.
- § 33-10-36. Arrest or confinement of enlisted member.
- § 33-10-37. Arrest or confinement of commissioned officer, warrant officer, or civilian.
- § 33-10-38. Probable cause to arrest or confine.
- § 33-10-39. Custody before notification of proper authority.
- § 33-10-40. Notice of offense--Diligent steps for trial or dismissal.
- § 33-10-41. Place of confinement.
- § 33-10-42. Receiving of prisoners.
- § 33-10-43. Reports of prisoners.
- § 33-10-44. Confinement with enemy prisoners prohibited.
- § 33-10-45. Punishment prohibited before trial.
- § 33-10-46. Delivery of offenders to civil authorities.
- § 33-10-47. Completion of sentence of court martial upon return from civil authority.
- § 33-10-48. Failure of enlisted member to report for duty--Arrest--Fees--Promulgation of rules.
- § 33-10-49. Arrest or confinement for disobedience or disruption--Trespassers.
- § 33-10-50. Commanding officer's non-judicial punishment.
- § 33-10-51. Forms of punishment by any commanding officer.
- § 33-10-52. Forms of punishment by major, lieutenant commander, or above.
- § 33-10-53. Forms of punishment by Governor, adjutant general, or certain other officers.
- § 33-10-54. Duration of consecutive punishments.
- § 33-10-55. Arrest in quarters or restriction--Notice regarding right to trial by court-martial.
- § 33-10-56. Suspension or mitigation of punishment.
- § 33-10-57. Appeal.
- § 33-10-58. Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment.
- § 33-10-59. Forfeiture of pay.
- § 33-10-60. Promulgation of rules regarding records.
- § 33-10-61. Courts-martial classified.
- § 33-10-62. Jurisdiction of courts-martial in general.
- § 33-10-63. Jurisdiction of general courts-martial.
- § 33-10-64. Jurisdiction of special courts-martial.
- § 33-10-65. Jurisdiction of summary courts-martial.
- § 33-10-66. Objection to trial by summary courts-martial.
- § 33-10-67. Who may convene general courts-martial.
- § 33-10-68. Who may convene special courts-martial.
- § 33-10-69. Who may convene summary courts-martial.
- § 33-10-70. Commissioned officer service on courts-martial.
- § 33-10-71. Warrant officer service on courts-martial.
- § 33-10-72. Enlisted member service on courts-martial.
- § 33-10-73. Court-martial member to be senior to accused.
- § 33-10-74. Qualifications of court-martial member.
- § 33-10-75. Excuse of court-martial member from participating.
- § 33-10-76. Military judge detailed to general and special court-martial.
- § 33-10-77. Qualifications of military judge.
- § 33-10-78. Admission of military judge pro hac vice.
- § 33-10-79. Designation of military judge--Performance report prohibited.
- § 33-10-80. Military judge may not be accuser, witness, investigator, or counsel.
- § 33-10-81. Consultation with members of court.
- § 33-10-82. Detail of trial counsel and defense counsel.
- § 33-10-83. Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.
- § 33-10-84. Qualifications of counsel.
- § 33-10-85. Admission of defense counsel pro hac vice--Qualifications.
- § 33-10-86. Detail or employment of court reporters and interpreters--Promulgation of rules.
- § 33-10-87. Absent members of court-martial.
- § 33-10-88. Additional members of general court-martial.
- § 33-10-89. Additional members of special court-martial.
- § 33-10-90. Court-martial composed of military judge only--Procedure when military judge unable to proceed.
- § 33-10-91. Marshal--Duties.
- § 33-10-92. Compensation of marshal.
- § 33-10-93. Malfeasance of sheriff or marshal.
- § 33-10-94. Immunity of court members.
- § 33-10-95. Charges and specifications.
- § 33-10-96. Compulsory self-incrimination prohibited.
- § 33-10-97. Advice of right to remain silent.
- § 33-10-98. Compulsory self-degradation prohibited.
- § 33-10-99. Exclusion of evidence.
- § 33-10-100. Investigation of charges.
- § 33-10-101. Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony.
- § 33-10-102. Demand for further investigation.
- § 33-10-103. Investigation of uncharged offenses.
- § 33-10-104. Nonjurisdictional error.
- § 33-10-105. Forwarding of charges.
- § 33-10-106. Advice of judge advocate regarding charge.
- § 33-10-107. Contents of judge advocate's statement--Reference for trial.
- § 33-10-108. Correction of charges or specifications.
- § 33-10-109. Service of charges.
- § 33-10-110. Promulgation of procedural rules by Governor or adjutant general.
- § 33-10-111. Unlawfully influencing action of court.
- § 33-10-112. Report of performance as court-martial member, witness, or counsel prohibited.
- § 33-10-113. Qualifications of trial counsel--Preparation of record.
- § 33-10-114. Qualifications of defense counsel--Rights of accused.
- § 33-10-115. Duties of defense counsel in court-martial proceeding resulting in conviction.
- § 33-10-116. Sessions without presence of court-martial members--Record.
- § 33-10-117. Presence of accused, counsel, and military judge at proceedings--Exception.
- § 33-10-118. Continuances.
- § 33-10-119. Challenges for cause.
- § 33-10-120. Procedure when court members reduced below minimum by challenge for cause.
- § 33-10-121. Peremptory challenges.
- § 33-10-122. Procedure when court members reduced below minimum by peremptory challenge.
- § 33-10-123. Challenges after additional members are detailed.
- § 33-10-124. Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter.
- § 33-10-125. Oath of witness.
- § 33-10-126. Statute of limitations.
- § 33-10-127. Unauthorized absence excluded in computing limitation period.
- § 33-10-128. Absence from territory excluded in computing limitation period.
- § 33-10-129. Limitation period during wartime.
- § 33-10-130. Statute of limitations for new charges and specifications following dismissal for defect or insufficiency.
- § 33-10-131. Conditions for new charges and specifications.
- § 33-10-132. Former jeopardy.
- § 33-10-133. Jeopardy where accused found guilty.
- § 33-10-134. Jeopardy where accused not found guilty.
- § 33-10-135. Not guilty plea.
- § 33-10-136. Finding upon guilty plea--Withdrawal of guilty plea.
- § 33-10-137. Opportunity to obtain witnesses and other evidence.
- § 33-10-138. Refusal to appear or testify.
- § 33-10-139. Witness fees.
- § 33-10-140. Contempt.
- § 33-10-141. Oral and written depositions.
- § 33-10-142. Notice of deposition.
- § 33-10-143. Officers before whom deposition taken.
- § 33-10-144. Admissibility of deposition.
- § 33-10-145. Admissibility of records of courts of inquiry.
- § 33-10-146. Defense of lack of mental responsibility.
- § 33-10-147. Burden of proof of lack of mental responsibility.
- § 33-10-148. Findings by court-martial members when lack of mental responsibility at issue.
- § 33-10-149. Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.
- § 33-10-150. Conditions for finding of not guilty by reason of lack of mental responsibility.
- § 33-10-151. Voting by secret written ballot.
- § 33-10-152. Rulings upon questions of law and interlocutory questions.
- § 33-10-153. Instructions.
- § 33-10-154. Findings and rulings by court-martial composed of military judge only.
- § 33-10-155. Number of votes required.
- § 33-10-156. Court to announce action.
- § 33-10-157. Record of proceedings--Authentication.
- § 33-10-158. Contents of record--Promulgation of rules.
- § 33-10-159. Records of summary court-martial--Promulgation of rules.
- § 33-10-160. Copy of record to be given to the accused.
- § 33-10-161. Cruel and unusual punishments prohibited.
- § 33-10-162. Maximum sentence--Felony and misdemeanor--Noncriminal conviction.
- § 33-10-163. Limits of punishment.
- § 33-10-164. Forfeitures.
- § 33-10-165. Computation of period of confinement--Effective date of other sentences.
- § 33-10-166. Deferment of sentence to confinement--Rescission.
- § 33-10-167. Deferment until after accused has been permanently released to state military forces.
- § 33-10-168. Persons subject to deferment until permanently released to state military forces.
- § 33-10-169. Deferment of sentence to confinement while review pending.
- § 33-10-170. Place of confinement.
- § 33-10-171. Hard labor.
- § 33-10-172. Fees for confinement.
- § 33-10-173. Reduction of enlisted member pay grade.
- § 33-10-174. Restoration of pay.
- § 33-10-175. Forfeiture of pay and allowances.
- § 33-10-176. Sentences subject to forfeiture of pay and allowances.
- § 33-10-177. Waiver of forfeiture of pay and allowances for dependents of accused.
- § 33-10-178. Restoration of pay and allowances.
- § 33-10-179. Error of law.
- § 33-10-180. Lesser included offense.
- § 33-10-181. Prompt report of findings and sentence to convening authority.
- § 33-10-182. Submission to convening authority of matters for consideration--Time for submission.
- § 33-10-183. Extension of time for submission.
- § 33-10-184. Provision of record to accused.
- § 33-10-185. Waiver of right to make submission.
- § 33-10-186. Authority to modify findings and sentence.
- § 33-10-187. Action on sentence of court-martial.
- § 33-10-188. Action on findings of court-martial.
- § 33-10-189. Recommendation of judge advocate--Promulgation of rules--Response and objection.
- § 33-10-190. Proceeding in revision or rehearing.
- § 33-10-191. Matters considered at proceeding in revision.
- § 33-10-192. Matters considered at rehearing--Dismissal without rehearing.
- § 33-10-193. Withdrawal of appeal.
- § 33-10-194. Time for withdrawal of appeal.
- § 33-10-195. Appeal by the state.
- § 33-10-196. Time for appeal by the state--Contents of notice of appeal.
- § 33-10-197. Diligent prosecution of appeal.
- § 33-10-198. State's appeal to Supreme Court limited to matters of law.
- § 33-10-199. Consideration of delay concerning issue of speedy trial.
- § 33-10-200. Rehearings.
- § 33-10-201. Review by senior force judge advocate.
- § 33-10-202. Adjutant General action--Promulgation of rules.
- § 33-10-203. Action by adjutant general.
- § 33-10-204. Dismissal when rehearing impracticable.
- § 33-10-205. Action by the Governor.
- § 33-10-206. Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.
- § 33-10-207. Action by adjutant general regarding subject matter jurisdiction.
- § 33-10-208. Disposition of records.
- § 33-10-209. Review by Supreme Court.
- § 33-10-210. Appellate government counsel.
- § 33-10-211. Right to counsel on appeal by state.
- § 33-10-212. Right to counsel on appeal by accused.
- § 33-10-213. Appointment of judge advocate to represent accused.
- § 33-10-214. Representation by civilian appellate counsel.
- § 33-10-215. Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.
- § 33-10-216. Execution of sentence when appeal waived or withdrawn.
- § 33-10-217. Probation violation--Hearing--Representation by counsel.
- § 33-10-218. Vacation of suspension--Execution of sentence.
- § 33-10-219. Authority to vacate suspension.
- § 33-10-220. Petition for new trial.
- § 33-10-221. Remission and suspension.
- § 33-10-222. Restoration--Promulgation of rules.