Title 23 — LAW ENFORCEMENT

The procedures set forth in this chapter shall be used by all law enforcement and judicial officers for the disposition of petty offense cases. Source: SL 1977, ch 193 , § 1.

A person to whom a petty offense complaint has been issued may dispose of the case, by, at his option, either: (1) Signing a written promise to appear in accordance with § 23-1A-11 ; (2) Signing an admission and filing it with a deposit in accordance with § 23-1A-12 ; (3) Filing …

Any person who has been served with a petty offense complaint for a violation of a statute relating to the operation and use of a motor vehicle may, if he has a valid South Dakota driver's license in his possession or if the arresting officer is shown satisfactory proof that the …

A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for the hearing on the complaint, make a stipulation admitting the allegations in the complaint. Such admission shall be…

A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either: (1) In the law enforcement officer's presence, mai…

A person receiving a deposit shall furnish a numbered receipt to the defendant if requested. A person receiving a deposit may allow a defendant to submit a check for the amount of the deposit, and such check shall be considered to be the receipt required by this section. Such che…

If a defendant files a stipulation and deposit pursuant to § 23-1A-12 or makes a deposit pursuant to § 23-1A-13 he need not appear in court. In such instances, the clerk shall record on the court appearance date, a judgment in favor of the plaintiff and enter the deposit as payme…

A person who has filed a stipulation under § 23-1A-12 may appear in court on the appearance date and the court may, on motion, with or without notice, for cause shown, relieve such person from the stipulation and the effects thereof, and set the matter for trial. Source: SL 1977,…

If a defendant appears in court, personally or by his attorney, he shall be asked whether he admits or denies the commission of the offense alleged in the complaint. If he admits the commission of the alleged offense, the court shall accept his admission and enter a judgment agai…

If the defendant fails to appear in court at the time set in his summons or set by subsequent postponement, and he has previously made a deposit, he shall be deemed to have tendered an admission to the allegations contained in the complaint and to have agreed to use the deposit f…

Any defendant who fails to appear in court and who has not made a deposit, or stipulation and deposit, is guilty of a Class 2 misdemeanor. The court shall enter a default judgment against the defendant in the amount established by § 23-1A-22 and issue a summons or warrant for his…

The attorney general shall promulgate, pursuant to chapter 1-26 , a uniform form or forms to be used for petty or misdemeanor complaints and summons regarding traffic offenses. The form shall be designed to serve as a uniform traffic ticket. The attorney general shall designate t…

The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to be used for juvenile cited violations. Source: SL 2015, ch 152 , § 41, eff. Jan. 1, 2016.

If the offense alleged in a complaint is a violation of a statute relating to the operation and use of a motor vehicle, then within five working days after the entry of a judgment against a defendant, the court shall forward to the Department of Public Safety a certification of t…

A judgment in a petty offense case has the same effect as any other civil judgment and may be executed, levied on, and become a lien on the property of a defendant accordingly. Source: SL 1977, ch 193 , § 24.

If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment of twenty-five dollars. However, the trial court may reduce or eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense case. If a deposit is…

All moneys received as payment for petty offense judgments shall be deposited in the treasury of the county where the offense occurred. Source: SL 1977, ch 193 , § 22.

The attorney for the plaintiff in the trial of a petty offense shall be the state's attorney of the county which has jurisdiction of the case. Source: SL 1977, ch 193 , § 14.

Whenever the complaint and summons promulgated pursuant to § 23-1A-2 are used, the attorney for the plaintiff need not make or file any other complaint for the offense charged. Source: SL 1977, ch 193 , § 3.

Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following stateme…

A minor may be sued for the commission of a petty offense without the appointment of a guardian ad litem. A state's attorney may dismiss a petty offense complaint issued to a minor any time before judgment is entered and try the minor instead as a juvenile delinquent. Source: SL …

A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons …

The petty offense summons shall specify a time for a hearing on the complaint, which shall be within ten days of its issuance. A defendant may request an earlier hearing. The hearing shall be before a judge or magistrate of the county in which the offense was committed, except as…

Any person who resists the service of a petty offense complaint and summons or who refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint is guilty of a Class 2 misdemeanor. Source: SL 1977, ch 193 , § 7.

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…