Title 23 — LAW ENFORCEMENT

Source: SDC 1939, § 55.1603 (6) as added by SL 1966, ch 161 , § 2; SDCL § 23-3-25; SL 1970, ch 145 , § 4; SL 1976, ch 160 ; SL 1984, ch 174 , § 1; SL 1998, ch 141 , § 1; SL 2003, ch 132 , § 4; SL 2004, ch 158 , § 1; SL 2010, ch 123 , § 1; SL 2013, ch 93 , § 7; SL 2018, ch 139 , §…

The organization and regulation of police in municipalities of this state are governed by the provisions of the Title 9, "Municipal Government" in this code. The mayor or other officer having the direction of the police in a municipality must order a force sufficient to preserve …

The assistants appointed by the attorney general shall have, in any part of the state, the same powers with respect to the enforcement of law as sheriffs, constables, police, and peace officers and may execute any warrant of arrest issued by any magistrate or court of competent j…

When in the judgment of the Governor the public good may require, the Governor may order and direct the agents and assistants appointed by the attorney general or any one or more of them, to any part of the state in the performance of their duties and which said order and directi…

It shall be the duty of the Division of Criminal Investigation to prevent and detect violations of the laws of the state. Source: SDC 1939, § 55.1603 (1).

It shall be the duty of the Division of Criminal Investigation to apprehend criminals and fugitives. Source: SDC 1939, § 55.1603 (2).

It shall be the duty of the Division of Criminal Investigation to cooperate with the various sheriffs, constables, policemen, and other peace officers of this state in performance of their duties relating to crime and criminal proceedings. Source: SDC 1939, § 55.1603 (3).

It shall be the duty of the Division of Criminal Investigation to cooperate with similar divisions, bureaus, or departments of other states, tribal governments, or of the Bureau of Investigation of the Department of Justice in Washington, D.C. Source: SDC 1939, § 55.1603 (4); SL …

The Division of Criminal Investigation may, upon the request of any Indian tribe, obtain national criminal history record information on any individual seeking to be or currently serving: (1) As a member of the tribal council or a district council; (2) As judge of the tribal cour…

In order to determine the suitability of any applicant for or holder of a position listed in § 23-3-15.1 , the Sisseton-Wahpeton Sioux Tribe shall require a background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau o…

The information obtained from the state or national criminal history record check conducted pursuant to §§ 23-3-15.1 to 23-3-15.3 , inclusive, may be exchanged with and used by the tribe to determine the applicant's eligibility to hold a position specified in §

It shall be the duty of the Division of Criminal Investigation to establish, develop, and carry on a system of criminal identification and investigation. Source: SDC 1939, § 55.1603 (5).

It shall be the duty of the Division of Criminal Investigation to offer assistance and instructions when practicable to sheriffs, chiefs of police, and other peace officers in establishing efficient local bureaus of identification in their respective subdivisions. Source: SDC 193…

In order to supplement the provisions of § 23-3-17 the Division of Criminal Investigation is hereby designated as the official agency to coordinate and administer the training of all law enforcement officers within this state. By such designation it is not the intention to interf…

The director of the Division of Criminal Investigation shall prepare guidelines and uniform procedures for the reporting of and investigation of missing persons, including missing and murdered indigenous women and children, and runaways. The director shall distribute the guidelin…

The Division of Criminal Investigation shall collect data and share information on missing and murdered indigenous persons in cooperation with similar divisions, bureaus, or departments of other states, tribal governments or law enforcement agencies, county or municipal governmen…

Terms used in §§ 23-3-18.1 to 23-3-18.8, inclusive, mean: (1) "Missing person," a person who has been reported as missing to a law enforcement agency; (2) "Missing persons clearinghouse," the repository established in § 23-3-18.5. Source: SL 2020, ch 90 , § 1.

The missing persons clearinghouse is hereby established within the Division of Criminal Investigation. The Division of Criminal Investigation shall administer the clearinghouse as provided in § 23-3-18.5. The missing persons clearinghouse shall be used by all law enforcement agen…

To administer the missing persons clearinghouse, the Division of Criminal Investigation shall: (1) Collect, process, maintain, and disseminate information about missing persons in this state through a hard copy or an electronic means; (2) Develop training programs for law enforce…

If a report of a missing person is received by a law enforcement agency having jurisdiction, the agency shall make an immediate entry into the National Crime Information Center and shall then notify the missing persons clearinghouse. If the report of a missing person involves a c…

The purpose of the missing persons clearinghouse is to serve as a repository. The clearinghouse does not relieve the law enforcement agency having jurisdiction over a missing person case of the agency's investigatory duties and does not automatically involve the Division of Crimi…

After the location of a missing person is determined and confirmed, the clearinghouse may only release information described in subdivision 23-3-18.5 (4) concerning the located person. Other information concerning the history of the missing person case may only be disclosed to la…

It shall be the duty of the Division of Criminal Investigation to perform such other duties as may be prescribed by law or the orders of the Governor or attorney general in carrying out an effective plan for the investigation, detection, prevention of crime, and apprehension of c…

There is created in the Office of the Attorney General a State Forensic Laboratory. The attorney general may assign the State Forensic Laboratory to the Division of Criminal Investigation. The employees of the laboratory serve at the will of the attorney general, except those emp…

The State Forensic Laboratory shall conduct scientific examinations to assist law enforcement officers in criminal investigations. Source: SL 1979, ch 158 , § 3; SL 1985, ch 188 , § 2.

A copy of a statement of the methods and findings of any examination or analysis conducted by employees of the State Forensic Laboratory or by a certified chemist employed by a law enforcement agency within the state, authenticated under oath by the employee, is prima facie evide…

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 …

The Legislature finds that the administration of criminal justice is of state - wide concern, and that law enforcement work is important to the health, safety, and welfare of the people of this state and is of such a nature as to require education and training of a professional c…

The term, tribal law enforcement, means law enforcement agencies administered by one of the federally recognized Indian tribes or Bureau of Indian Affairs with land geographically located within the borders of this state. Source: SL 2018, ch 139 , § 6.

There is hereby created a Law Enforcement Officers Standards Commission in the Office of the Attorney General. This commission shall consist of thirteen members, eight of whom shall be appointed by the attorney general as follows: one person from the Division of Highway Patrol; o…

The law enforcement officers standards commission shall be attached to the Office of the Attorney General and be provided with staff assistance and support from that office. Source: SL 1973, ch 156 , § 2.

In the event of death, resignation, or other disability, which shall result in any appointee under § 23-3-28 being removed from that capacity in which he was appointed to such commission, his membership on such commission shall immediately terminate and the attorney general shall…

In any and all criminal proceedings in any and all courts of this state and in any county or part of the state, the attorney general shall have concurrent jurisdiction with the state's attorney or state's attorneys of the several counties of the state. Source: SDC 1939 & Supp 196…

Notwithstanding any provision of any statute, ordinance, local law, or charter provision to the contrary, membership on the commission shall not disqualify any member from holding any other public office or employment, or cause the forfeiture thereof. Source: SL 1970, ch 145 , § …

The commission shall hold no less than four regular meetings a year. Subject to the requirements of this section, the chairman shall fix the times and places of meetings, either on his own motion or upon written request of any five members of the commission. Source: SDC 1939, § 5…

The commission shall report annually to the attorney general, the Governor, and the Legislature on its activities, and may make such other reports as it deems desirable. Source: SL 1970, ch 145 , § 3 (e). 23-3-34. Repealed by SL 1971, ch 23 , § 2

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--…

In addition to powers conferred upon the Law Enforcement Officers Standards Commission elsewhere in this chapter, the commission may: (1) Promulgate rules for the administration of §§ 23-3-26 to 23-3-47 , inclusive, including the authority to require the submission of reports and…

Terms used in §§ 23-3-35 to 23-3-35.3 , inclusive, mean: (1) "Computer voice stress analyzer" or "CVSA," an instrument that detects, measures, and displays changes in voice frequency, which can be recorded permanently and simultaneously; (2) "CVSA examiner," a person who uses a c…

No person may question any individual using a computer voice stress analyzer for the purpose of detecting deception unless the person is a licensed CVSA examiner. A violation of this section is a Class 2 misdemeanor. Source: SL 2003, ch 132 , § 2.

A person may receive a license as a CVSA examiner if the person: (1) Establishes that he or she is a person of good moral character; (2) Has satisfactorily completed a sixty - hour course of study in the use of a computer voice stress analyzer in the detection of deception; and (…

Each law enforcement canine team in the state shall be initially certified and annually recertified in one or more of the following specialties: (1) The detection of the odors of drugs and controlled substances; (2) The detection of the odors of explosive materials, explosive dev…

The commission shall, by rules promulgated pursuant to chapter 1-26 , establish standards and criteria for canine certification and recertification. The commission may also, by rules promulgated pursuant to chapter 1-26 , establish a certification fee and recertification fee to c…

Except as otherwise specifically provided in §§ 23-3-37 and 23-3-38 , the commission shall be supported only by appropriations made by the Legislature. Source: SL 1970, ch 145 , § 7 (a).

The commission may accept for any of its purposes and functions under §§ 23-3-26 to 23-3-47 , inclusive, any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation, and may …

The commission, by rules and regulations, shall provide for the administration of the grant program authorized by §

The commission shall establish and maintain law enforcement training programs through the tribal governments of the federally recognized Indian tribes and the agencies and institutions the commission may deem appropriate. Source: SL 1970, ch 145 , § 6 (a); SL 2018, ch 139 , § 5.

Notwithstanding §§ 23-3-41 and 23-3-42 , the Law Enforcement Officers Standards Commission shall establish a training and certification program for any employee or officer of the state or its political subdivisions responsible for providing law enforcement support within the conf…

The Law Enforcement Officers Standards Commission may establish criteria for acceptance into any of its training programs of any resident of the State of South Dakota who is not employed as a law enforcement officer when he applies for admission to the program. Source: SL 1983, c…

The Law Enforcement Officers Standards Commission may establish by rule a fee to be paid by those residents admitted to a training program under §