Title 23 — LAW ENFORCEMENT

The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means. Source: SDC 1939 & Supp 1960, § 34.1001. 23-14-2. Repealed by SL 2003, ch 134 , § 1

The testimony shall be reduced to writing under the coroner's order, and be subscribed by the witnesses. Source: SDC 1939 & Supp 1960, § 34.1009. 23-14-11. Repealed by SL 1978, ch 171 , § 6

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…

If the inquisition find that a crime has been committed on the deceased, and name the person whom the jury believe committed it, the inquest shall not be made public until after the arrest directed in §

If the person charged is present the coroner may order his arrest by a law enforcement officer or any other person present, and shall then make a warrant requiring the law enforcement officer or other person to take him before a committing magistrate. If the person charged is not…

The warrant of a coroner in such case shall be of equal authority with that of a committing magistrate, and when the person charged is brought before the committing magistrate the same proceedings shall be had as in other cases started by a complaint, and he shall be dealt with i…

The warrant of the coroner shall recite substantially the transactions before him, and the verdict of the jury of inquest leading to the arrest, and such warrant shall be sufficient foundation for the proceedings of the committing magistrate instead of a complaint. Source: SDC 19…

The coroner shall then return to the circuit court the inquisition, the written evidence, and a list of the witnesses who testified to material matters. Source: SDC 1939 & Supp 1960, § 34.1014.

The attorney general shall promulgate forms, pursuant to chapter 1-26 , implementing this chapter. The code commission shall publish such forms as an appendix to this chapter when it publishes the pocket parts or revised volumes of the South Dakota Codified Laws. Such forms shall…

The county coroner shall investigate any human death if a determination of the cause and manner of death is in the public interest. Nothing in the provisions of this section, § 23-14-9.1 , 23-14-19 , 23-14-20 , 34-26-2 , 34-26-5 , or 34-26-14 supersedes the obligation of any coun…

The secretary of health may designate physicians, physician's assistants, or certified nurse practitioners with competency in the field of forensic pathology as special death investigators. Source: SL 1989, ch 204 , § 1; SL 1991, ch 198 , § 2; SL 2017, ch 171 , § 50.

At the request of a county coroner having jurisdiction over a dead body, or at the request of a state's attorney in deaths which may have occurred by unlawful means, the special death investigator may directly assume jurisdiction over any dead body when determination of the cause…

The secretary of health may direct a special death investigator to investigate and certify deaths remaining uncertified for more than three months after the death occurred or was reported. Source: SL 1989, ch 204 , § 3.

The special death investigator shall be compensated only by the agency requesting his services on a direct fee - for - service basis. Source: SL 1989, ch 204 , § 4.

As to any death, the cause and manner of which is in the public interest, the county coroner and law enforcement agency exercising investigative control over such death shall jointly take charge of and exercise complete control over all dead bodies and all effects affixed thereto…

23-14-4

The county coroner shall prepare a medical certificate in conformance with chapter 34-25 for all deaths over which he assumes jurisdiction. Source: SL 1985, ch 191 , § 3.

When the coroner has notice of the dead body of a person supposed to have died by unlawful means, found or being in his county, he shall issue a warrant to the sheriff of his county, requiring him to summon forthwith three electors having the qualifications of jurors of the count…

23-14-6

If any juror fails to appear, the coroner shall cause the proper number to be summoned and returned from the bystanders and immediately proceed to impanel them. Source: SDC 1939 & Supp 1960, § 34.1004. 23-14-6. Repealed by SL 1978, ch 171 , § 4

23-14-8

The coroner may issue subpoenas for witnesses or records, returnable forthwith or at such time and place as the coroner shall direct, and witnesses shall be allowed the same fees as in cases before a magistrate. The coroner has the same authority as a magistrate to enforce the at…

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. 23-14-11

In any such inquisition by a coroner, when he or the jury deem it requisite, he may summon one or more physicians or surgeons to make an examination, and shall allow in such case a reasonable compensation instead of witness fees. Source: SDC 1939 & Supp 1960, § 34.1007.

A physician or surgeon appointed under § 23-14-9.1 , or the coroner if the coroner is a physician or surgeon providing services pursuant to § 23-14-9.1 , shall receive a reasonable fee for services rendered, as approved by the board of county commissioners. The board shall pay th…

However, the lack of an attending physician may not be construed to require an investigation or autopsy solely because the decedent was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination.…