Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general

SDCL § 23-3-72 — under LAW ENFORCEMENT AGENCIES.

SDCL § 23-3-72

Any person may file a sworn affidavit with the Division of Criminal Investigation alleging: (1) Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to § 22-30A-10 ; (2) Bribery in public office pursuant to § 2-12-9 , 22-12A-7 , or 22-12A-11 ; or (3) An intentional violation of any limit on gifts to public officials under chapter 2-12 . The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail. Source: SL 2017, ch 73 , § 3.