South Dakota Codified Laws
Chapter 03 - (Rule 4.1) Arrest
Section 23A-3-36 - Dismissal of charges and notice of completion of diversion.

23A-3-36. Dismissal of charges and notice of completion of diversion.
If the requirements of §23A-3-35 have been met, the state's attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person.

Source: SL 2018, ch 143, §2.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 03 - (Rule 4.1) Arrest

Section 23A-3-1 - Definition of arrest.

Section 23A-3-2 - Law enforcement officer's power to arrest without warrant.

Section 23A-3-2.1 - Circumstances permitting warrantless arrests.

Section 23A-3-3 - Citizen's arrest.

Section 23A-3-4 - Advice as to authority and cause of arrest without warrant.

Section 23A-3-5 - Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.

Section 23A-3-6 - Aid to law enforcement officer on request.

Section 23A-3-7 - Restriction on place of arrest for violation of local ordinance or bylaw.

Section 23A-3-8 - Receipts given for property taken from person arrested.

Section 23A-3-9 - Fresh pursuit misdemeanor arrest by officer of another state.

Section 23A-3-10 - Fresh pursuit felony arrest by officer of another state.

Section 23A-3-11 - Other powers of arrest unimpaired by fresh pursuit authority.

Section 23A-3-12 - Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful.

Section 23A-3-13 - District of Columbia treated as state.

Section 23A-3-14 - Definition of fresh pursuit for interstate felony arrest.

Section 23A-3-15 - Citation of provisions on interstate pursuit.

Section 23A-3-16 - Arrest for misdemeanor on intrastate fresh pursuit.

Section 23A-3-17 - Arrest for felony on intrastate fresh pursuit.

Section 23A-3-18 - Disposition of prisoner taken on intrastate fresh pursuit.

Section 23A-3-19 - Definition of fresh pursuit in intrastate felony arrests.

Section 23A-3-20 - Citation of provisions on intrastate fresh pursuit.

Section 23A-3-24 - Federal law enforcement officer defined.

Section 23A-3-25 - Authority of federal law enforcement officer.

Section 23A-3-26 - Definition of expungement.

Section 23A-3-27 - Motion for expungement of arrest record.

Section 23A-3-28 - Service of motion--Fee.

Section 23A-3-29 - Hearing on motion for expungement.

Section 23A-3-30 - Order of expungement.

Section 23A-3-31 - Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.

Section 23A-3-32 - Effect of order of expungement.

Section 23A-3-33 - No time limitation for making application.

Section 23A-3-34 - Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement

Section 23A-3-35 - Eligibility of person placed in diversion program for expungement of record.

Section 23A-3-36 - Dismissal of charges and notice of completion of diversion.

Section 23A-3-37 - Expungement of record on filing of dismissal and notice.