Title 33, MILITARY AFFAIRS

The Department of the Military may promulgate rules pursuant to chapter 1-26 providing for discharges from the National Guard. Source: SL 1986, ch 272 , § 7; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18, 27 eff. Apr. 12, 2011.

No person belonging to the military forces may be arrested on any civil process while going to, remaining at, or returning from any drill or annual training that the member is required to attend for duty. Source: SL 1887, ch 100 , § 65; CL 1887, § 1981; RPolC 1903, § 2520; SL 190…

Any National Guard unit or personnel performing any duty according to law have the right of way in any street or highway through which they may pass. However, the unit or personnel may not interfere with the legitimate functions of law enforcement personnel or with the progress a…

If a civil suit or civil proceedings are commenced in any court by any person against any member of the South Dakota National Guard for any act done by the member in an official capacity in the discharge of any duty under this title, or against any person lawfully acting under au…

Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7 , entitled to a benefit as prescribed by this section and § 33-6-5.2 to attend and pursue any undergraduate course or courses in any…

Any member of the South Dakota National Guard is, upon compliance with all the requirements for admission and subject to the provisions of § 33-6-7 , entitled to a benefit as prescribed by this section and § 33-6-5.3 . Any member of the South Dakota National Guard who is enrolled…

Notwithstanding the provisions of § 13-55-23 , an eligible member of the South Dakota National Guard enrolled in undergraduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of t…

Notwithstanding the provisions of § 13-55-23 , an eligible member of the South Dakota National Guard enrolled in graduate courses under the control and management of the Board of Regents not subsidized by the general fund are entitled to a benefit of one hundred percent of the in…

For the purposes of this chapter, the term, federal tuition benefit, means a tuition benefit provided by the United States Department of Defense, United States Department of the Army, or the United States Department of the Air Force. The term, federal tuition benefit, excludes an…

Any private, nonprofit postsecondary institution located in this state, recognized as an exempt organization under 26 U.S.C. § 501(c)(3) as of January 1, 2024, and authorized to provide educational programs pursuant to chapter 13-48 , may participate in the state's tuition benefi…

An individual who meets the eligibility requirements of § 33-6-7 and is enrolled as a student in an undergraduate or graduate program at any institution participating in the tuition benefit program under § 33-6-5.5 is entitled to the maximum tuition benefit payable by the state u…

Any member of the South Dakota National Guard, who is a resident of the state and who possesses the entrance requirements for admission to any technical college program, is entitled to complete one program of study approved by the Board of Technical Education in any state technic…

To be eligible for a tuition benefit under § 33-6-5 , 33-6-5.1 , 33-6-6 , or 33-6-5.6 , an individual must: (1) Be a member of the South Dakota Army National Guard Unit or Air National Guard Unit throughout each semester or vocational program for which the member applies for bene…

Any individual desiring to use the benefits of § 33-6-5 , 33-6-5.1 , 33-6-6 , or 33-6-5.6 must apply to the Department of the Military. The adjutant general shall determine if the individual is entitled to the benefits of §§ 33-6-5 to 33-6-8 , inclusive. The adjutant general shal…

For purposes of tuition at any institution under the control and management of the Board of Regents, any nonresident member of the National Guard of the State of South Dakota who is eligible for any benefits under §§ 33-6-5 to 33-6-8 , inclusive, is considered a resident of South…

Officers and enlisted men of the national guard who are ordered into active service, in pursuance to the provisions of this title, shall be paid the same compensation, at the same rate of pay, as that paid to the officers and enlisted men of like rank and grade of the armed force…

Stoppage may be made against the compensation payable to any officer or enlisted man of the national guard from the federal government, or the State of South Dakota, to cover: (1) The costs of public property lost or destroyed by and chargeable to such officer or enlisted man; (2…

. Any member of the National Guard performing state active duty shall be reimbursed for all necessary expenses pursuant to § 3-9-2 . For purposes of this section, necessary expenses include costs of transportation to and from a duty location as directed, subsistence, quarters, an…

Any member of the National Guard who is temporarily injured or who becomes temporarily ill while serving on state active duty shall receive medical care at the expense of the state until cleared to return to the member's regular employment by a medical review board appointed by t…

In case of war, insurrection, rebellion, riot, invasion, resistance to the execution of the law of this state or of the United States, or in the event of public disaster or upon application of any marshal of the United States, or the mayor of any first or second class municipalit…

The commanding officer and members of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws, have the same immunity as law enforcement officers. Source: SDC 1939, § 41.0179; SL 2007, ch 187 , § 85.

In active service pursuant to §§ 33-9-1 to 33-9-3 , inclusive, the compensation and expenses of the national guard and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated. So…

The National Guard Mutual Assistance Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining therein, in the form substantially as follows: ARTICLE I. PURPOSE The purposes of this compact are to: 1. Provide for mutual…

In accordance with paragraph (h) of Article III of the compact members of the National Guard Forces of South Dakota shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided by the State of…

Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided the State of South Dakota pursuant to the compact, any liability of South Dakota pursuant to paragraph (f) of Article III of the compact shall be paid out of the ge…

The National Guard Mutual Assistance Counter - drug Activities Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining therein, in form substantially as follows: ARTICLE I. PURPOSE The purposes of this compact are: (A…

If the Governor is absent or cannot be immediately communicated with, any civil officer named in § 33-9-1 may, if the civil officer deems the occasion sufficiently urgent, apply electronically, telephonically, or in writing to the commanding officer of any unit of the National Gu…

Any order pursuant to § 33-9-1 or 33-9-2 shall be delivered to the commanding officer and immediately communicated by the commanding officer to each subordinate officer. Each company commander receiving the order shall immediately communicate the substance of the order to each me…

Any person who advises or endeavors to persuade any officer or enlisted member of the National Guard to refuse or neglect to appear at such place or obey such orders is guilty of a Class 2 misdemeanor. Source: SL 1903, ch 185 , § 28; SL 1917, ch 297 , § 38; RC 1919, § 10598; SDC …

An armed force may be called out to respond to public disaster resulting from flood, conflagration, or tornado, or for the purpose of suppressing any tumult or riot, or for the purpose of dispersing any group of persons that is acting together by force with intent to commit any f…

If the efforts made pursuant to § 33-9-8 by, or at the direction of, any of the magistrates or officers mentioned in § 33-9-8 to disperse any unlawful, riotous, or tumultuous assembly, or to seize and secure the persons who have assembled and have refused to disperse, though the …

No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consid…

The accused shall be advised of the charges against the accused and of the right to be represented at that investigation by counsel. The accused has the right to be represented at that investigation as provided in §§ 33-10-113 to 33-10-115 , inclusive, and in any rule prescribed …

If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in § 33…

If evidence adduced in an investigation indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is: (1) Present at the inv…

The requirements of §§ 33-10-100 to 33-10-103 , inclusive, are binding on all persons administering this code but failure to follow them does not constitute jurisdictional error. Source: SL 2012, ch 175 , § 85.

If a person is held for trial by general court-martial, the commanding officer shall within fifteen days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising gener…

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the conveni…

The advice of the judge advocate pursuant to § 33-10-106 with respect to a specification under a charge shall include a written and signed statement by the judge advocate: (1) Expressing conclusions with respect to each matter set forth in § 33-10-106 ; and (2) Recommending actio…

If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal correction, and such changes in the charges and specifications as are needed to make them conform to the evide…

The trial counsel shall serve or caused to be served upon the accused a copy of the charges. No person may, against the person's objection, be brought to trial before a general court-martial case within a period of five days after the service of charges upon the accused, or in a …

Pretrial, trial, and post-trial procedures, including modes of proof, for courts-martial cases arising under this code, and for courts of inquiry, may be prescribed by the Governor or the adjutant general by rules promulgated pursuant to chapter 1-26 , or as otherwise provided by…

No authority convening a general, special, or summary court-martial, nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, the military judge, or counsel thereof, with respect to the findings or sen…

In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces is qualified to be advanced in grade, or in determining the assignment or t…

The trial counsel of a general or special court-martial shall be a member in good standing of a state or federal bar and shall prosecute in the name of the State of South Dakota, and shall, under the direction of the court, prepare the record of the proceedings. Source: SL 2012, …

Qualifications of the defense counsel or the accused rights are as follows: (1) The accused has the right to be represented in defense before a general or special court-martial or at an investigation pursuant to §§ 33-10-100 to 33-10-104 , inclusive, as provided in this section; …