23A-28C-3.Enforcement of constitutional or statutory rights.
A victim may seek a cause of action for injunctive relief to enforce the victim's rights under S. D. Const., Art. VI, §29 or this chapter. No other cause of action exists against any person for a failure to comply with the terms of this chapter. If a victim asserts in writing to the court with jurisdiction over the case that a violation of this chapter has occurred, the court shall act promptly to ensure the victim's rights and interests are protected in a manner no less vigorous than the protections afforded to the defendant. The court, in its discretion, may determine if additional hearings or orders are necessary to ensure compliance with the chapter. The court shall clearly enter on the record the reasons for any decision regarding the disposition of a victim's rights. A violation of any right set forth in §23A-28C-1 does not constitute grounds for an appeal from conviction by a defendant or for any other relief from such conviction.
Source: SL 1991, ch 202, §3; SL 2018, ch 146, §2.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28C - Crime Victims' Act
Section 23A-28C-1 - Rights of crime victim.
Section 23A-28C-1.1 - Notice defined.
Section 23A-28C-1.2 - Electronic notification and SAVIN system defined.
Section 23A-28C-2 - Notice of rights--Victim registration with SAVIN system--Confidentiality.
Section 23A-28C-3 - Enforcement of constitutional or statutory rights.
Section 23A-28C-4 - Victim defined.
Section 23A-28C-5 - Notice of incarcerated offender's change of status.
Section 23A-28C-6 - Notice to be provided by Department of Corrections or state's attorney.
Section 23A-28C-7 - Victim or witness assistant--Appointment and compensation.
Section 23A-28C-8 - Victim or witness assistant--Duties.
Section 23A-28C-9 - Notice to immediate family.
Section 23A-28C-10 - Statewide automated victim information and notification system.
Section 23A-28C-11 - Notice of clemency hearing--Contents.
Section 23A-28C-12 - Notice of discretionary parole hearing--Contents.
Section 23A-28C-13 - Victim request for notification.
Section 23A-28C-14 - Request for notification by parent or guardian.
Section 23A-28C-15 - Sharing of information by interagency multidisciplinary teams.