Title 1 — STATE AFFAIRS AND GOVERNMENT

A magistrate judge or circuit court judge may approve an investigative subpoena upon finding that the application submitted pursuant to § 1-11-38 establishes reasonable cause to believe the business records of a provider are material to an active criminal investigation. Judicial …

Upon judicial approval, the attorney general or the attorney general's designee may issue and serve the investigative subpoena compelling the production of any of the following business records: (1) Subscriber information; (2) Account holder name; (3) Billing and service address;…

A provider served with an investigative subpoena shall produce the business records required by the subpoena. The provider may not provide notice to the account holder, customer, or subscriber whose records are sought if such a prohibition is contained within the investigative su…

If a provider refuses to comply with an investigative subpoena, the attorney general or the attorney general's designee may apply to a court of competent jurisdiction for an order compelling compliance. Source: SL 2026, ch 2 , § 7. Effective July 1, 2026

Any business record obtained pursuant to an investigative subpoena must be used solely for official law enforcement purposes and may not be disclosed except as necessary to carry out a criminal investigation or a prosecution, or as otherwise required by law. In examining business…

No cause of action lies in any court against a provider, or any agent, employee, or officer of the provider, for providing assistance, information, or facilities in accordance with the terms of an investigative subpoena. Source: SL 2026, ch 2 , § 9.

The attorney general is also authorized to appoint assistant attorneys general as he may deem necessary on a part - time basis for special assignments. The attorney general shall fix their compensation and the expenditures for such appointments may be made from whatever appropria…

The attorney general shall keep in proper books, to be provided for that purpose at the expense of the state, a register of all actions and demands prosecuted and defended by him in behalf of the state, and of all proceedings had in relation thereto, and shall deliver the same to…

When it is legally established that South Dakota or agencies thereof, lesser governmental subdivisions or individuals have a right to a portion of funds in the antitrust special revenue fund, the attorney general is authorized to approve release of such funds to the appropriate f…

Either branch of the state Legislature may by its separate resolution, or the Legislature may by a concurrent resolution of both branches, or the Governor may by an executive order filed in the office of the secretary of state, direct the attorney general to investigate, or the a…

Whenever the attorney general, upon the attorney general's own relation, commences an investigation, the attorney general shall obtain the consent of the Governor by attaching to the record provided in § 1-11-9 a written request for the consent. A copy of the record and request m…

Whenever an investigation is directed by the Legislature or either branch thereof, or ordered by the Governor, or whenever an investigation is commenced by the attorney general, upon his own relation with the consent of the Governor, a record of the same shall be kept by the atto…

There is hereby created a State Constabulary which shall consist of the agents of the Division of Criminal Investigation of the attorney general's office, the agents of the Division of the Highway Patrol, the state conservation officers, the sheriffs, deputy sheriffs, and constab…

The attorney general, whenever in his judgment necessity shall exist therefor, may with the approval of the Governor, call into active service any or all of such persons constituting such state constabulary, for any or all purposes contemplated by this chapter. When so called int…

Such persons while in active service under the provisions of this chapter, shall receive no additional compensation, but shall be paid their actual and necessary expenses with funds made available for such purpose, to be paid by warrant of the state auditor, upon verified voucher…

The Bureau of Information and Technology may purchase the necessary apparatus and equipment to construct or establish a state communications system which shall be used solely for the transmission of business and information for state, federal, and local government and other publi…

The functions of State Radio Communications, including its budget funds and FTE allocation, is hereby transferred from the Bureau of Information and Telecommunications to the Department of Public Safety. Source: SL 1999, ch 177 , § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 77; SL 202…

Whoever intentionally makes any false, misleading, or unfounded reports to the state radio broadcasting station for the purpose of interfering with the operation thereof, or with the intention of misleading any agent of the attorney general's office or peace officers of this stat…

The Department of Public Safety may operate and maintain a unified data network to interconnect various law enforcement agencies in South Dakota by written communications. The department may also purchase or lease the necessary apparatus and equipment to construct, maintain, and …

The state shall furnish to the Department of Public Safety and the Office of the Attorney General all the necessary equipment. Source: SL 1975, ch 11 , § 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 21; SL 2015, ch 5 , § 6.

Each county within the state shall furnish to the sheriff of that county a data terminal and other necessary equipment of a type specified by the Department of Public Safety. Source: SL 1975, ch 11 , § 2; SL 2001, ch 7 , § 2; SL 2015, ch 5 , § 7.

Any first or second class municipality may apply to participate in the South Dakota law enforcement telecommunications system. If the application is approved by the Department of Public Safety, the participating municipality shall furnish its police department with a data termina…

The Department of Public Safety may authorize other law enforcement agencies to participate in the South Dakota law enforcement telecommunications system upon such terms and conditions as are necessary to protect the security of the network. Source: SL 1975, ch 11 , § 5; SL 2015,…

The Department of Public Safety may adopt rules, pursuant to chapter 1-26 , establishing procedures for operation, maintenance, and control of the South Dakota law enforcement telecommunications system. Source: SL 1975, ch 11 , § 7; SL 2015, ch 5 , § 10.

The Department of Public Safety shall terminate service to any installation on the South Dakota law enforcement telecommunications system if the department determines that there is a risk of violation of the security or privacy restriction imposed by state or federal statutes. So…

The Bureau of Information and Technology may locate, construct, establish, equip, and maintain such towers, repeater stations, and subheadquarters as may be necessary, and for such purpose may acquire by purchase, lease, or condemnation all necessary sites and locations in order …

The Bureau of Information and Technology may employ such operators and assistants and such equipment necessary to carry out the provisions of this chapter. The costs of maintaining and operating a state voice communications system and all receiving sets owned or operated by the b…

An unexpended balance remaining in the radio communications fund at the end of any fiscal year shall not revert but shall remain in said fund and be available for expenditure during the succeeding fiscal year. Source: SL 1945, ch 321 , § 5; SDC Supp 1960, § 55.1608-1.

The Bureau of Information and Technology and the Department of Public Safety may apply for, accept, and expend on behalf of the state communications system any appropriations, grants, matching funds, or moneys allotted to the State of South Dakota by the federal government pursua…

Each county within the state shall furnish to its sheriff and deputy sheriff a receiving set which shall be maintained at the expense of the county, and which shall be paid for and shall be the property of the county. All automobiles used by police officers of any municipality, w…

Every sheriff, deputy sheriff, police officer, or other person securing a receiving set under the provisions of this chapter, shall make a report to the Bureau of Information and Technology at such times and containing such information as the bureau shall require by rules promulg…

The Department of Public Safety shall broadcast all police dispatches and reports submitted, which have a reasonable relation to, or connection with, the apprehension of criminals, the prevention of crime, or the maintenance of peace and order in the state. The department shall a…

Every telegraph and telephone company operating in this state shall give priority to all messages or calls directed to the state radio broadcasting station established by this chapter. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, §§ 55.1611, 55.9907; SL…

Transferred to §

Transferred to §

1-14-11

1-14-12 Repealed. 1-14-12.1

Source: SDC 1939, § 55.2005; SL 1943, ch 257 , § 11; SL 1955, ch 243 , § 1; SL 1963, ch 353 , § 15; SL 1971, ch 5 , § 6; SL 1974, ch 7 ; SL 1975, ch 12 ; SL 1979, ch 6 ; SL 1985, ch 33 , § 17; SL 1988, ch 11 , § 1; SL 1993, ch 162 ; SL 2011, ch 2 , § 12; SL 2024, ch 1 (Ex. Ord. 2…

Transferred to §

Transferred to §

1-14-12.13

1-14-12.14 Transferred to §

Transferred to §

Transferred to §

Transferred to §

Transferred to §

Transferred to §

Transferred to §

Transferred to §

Transferred to §