Title 23 — LAW ENFORCEMENT

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 §

A law enforcement officer shall attend training on the following issues pertaining to domestic abuse: enforcement of criminal laws in domestic abuse situations; availability of community resources; and protection of the victim. After initial training, an officer shall attend furt…

The initial training of law enforcement officers shall include domestic abuse training as described in §

Each state's attorney or deputy state's attorney shall receive training on evidence-based practices, as defined in subdivision 16-22-1(7); mental health and available mental health services; and the following issues pertaining to domestic abuse: enforcement of criminal laws in do…

The attorney general's office shall provide the training as required in § 23-3-39.5 utilizing the law enforcement officer training fund. Source: SL 1994, ch 171 , § 2A.

Each law enforcement agency shall adopt and implement written policies on its response to domestic abuse situations. The policies shall include standards of a felony, misdemeanor, and citizen's arrest; verification and enforcement of restraining and stay away orders; cite and rel…

A law enforcement officer shall attend response to resistance training. After initial training, an officer shall attend further training at least once every two years. Source: SL 2021, ch 103 , § 1.

The attorney general shall have authority to sign, file, and present any and all complaints, informations, presentments, indictments, subpoenas, affidavits, motions, process, and papers of any kind which the state's attorney might do in any criminal proceeding, and to appear befo…

The commission is authorized to reimburse each political subdivision a percentage of the salary and of the living and traveling expenses incurred by the officers in attendance at approved training programs, providing that such political subdivisions or state agencies do in fact a…

At the earliest practicable time, the commission shall provide, by regulation, that no person shall be appointed as a law enforcement officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of law enforcement tra…

In addition to the requirements of § 23-3-41 , the commission, by rules promulgated pursuant to chapter 1-26 , shall fix other qualifications for the employment and training of appointed law enforcement officers, including minimum age, education, physical and mental standards, ci…

The minimum training required of each law enforcement officer for certification shall include a minimum total of four hours on the following issues pertaining to domestic abuse: (1) Enforcement of criminal laws in domestic abuse situations; (2) Availability of community resources…

The Unified Judicial System shall provide such access about any adjudication or disposition pursuant to chapter 26-7A or 26-8C to the Law Enforcement Officers Standards Commission as may be necessary to effectuate the purposes of §

Any candidate who files an independent nominating petition shall file with the county auditor a certification of qualification by the first Tuesday after the first Monday of June. A sheriff appointed to fill a vacancy by the county commission shall file with the county auditor a …

Any candidate for election to the office of county sheriff shall file with the county auditor by the last Tuesday of March of the election year a certification of qualification issued by the law enforcement officers standards commission that the candidate meets the qualifications…

The commission shall issue a certificate evidencing satisfaction of the requirements of §§ 23-3-41 and 23-3-42 to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another j…

Law enforcement officers, elected or appointed, who are already serving on July 1, 1970, shall not be required to meet any requirement of §§ 23-3-41 and 23-3-42 as a condition of tenure or continued employment. The Legislature finds, and it is hereby declared to be the policy of …

The Division of Criminal Investigation, Office of Attorney General, is hereby designated as the agency in state government to coordinate and administer all programs under §§ 23-3-26 to 23-3-47 , inclusive, and §§ 34-45-22 to 34-45-32 , inclusive. Selection and payment of personne…

The provisions of §§ 23-3-26 to 23-3-46 , inclusive, shall be severable and if any phrase, clause, sentence, or provision of said sections is declared to be contrary to the Constitution or laws of this state or of the United States or the applicability thereof to any government, …

The South Dakota Legislature finds and declares that a state - wide law enforcement training center for the use of all criminal justice personnel in South Dakota to be necessary to provide adequate training for law enforcement officials in an increasingly complex, modern society;…

The attorney general is authorized to accept and expend, in addition to any amounts appropriated and for the purpose stated in § 23-3-48 , any funds which may be obtained from federal funds and any gifts or contributions from any source for said purpose. Source: SL 1972, ch 286 ,…

Nothing contained in § 23-3-3 or 23-3-4 , however, shall relieve the state's attorneys from any duty now enjoined upon them by law nor relieve them from the duty of assisting state officials in conduct of criminal proceedings in their respective counties. Source: SDC 1939 & Supp …

The Division of Criminal Investigation shall, pursuant to §§ 23-3-26 to 23-3-50 , inclusive, continue to provide law enforcement training programs and to occupy and operate the law enforcement training center under the superintendency and control of the attorney general of the St…

There is hereby created in the Office of the State Treasurer a law enforcement officers training fund. Source: SL 1977, ch 194 , § 1.

23-3-56 23-3-56 to 23-3-63. Repealed by SL 1982, ch 183 , §§ 1 to 8 23-3-64 Superseded. 23-3-65 23-3-65 to 23-3-69. Repealed by SL 2012, ch 23 , § 10. 23-3-70 Immunity from civil liability for certain good faith conduct. 23-3-71 County coroner training program. 23-3-72 Affidavit …

Moneys in the law enforcement officers training fund shall be annually appropriated by the Legislature to be used with any other moneys otherwise appropriated to pay necessary costs of law enforcement, law enforcement training, and judicial training and to pay expenses for the op…

The Division of Criminal Investigation heretofore established by law shall continue under the superintendency and control of the attorney general as a division of his department. The records and equipment for such division heretofore transferred to or acquired by the attorney gen…