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Chapter 01A - Petty Offense Procedure
Section 23-1A-1 - Petty offense procedures used by all law enforcement and judicial officers. - 23-1A-1. Petty offense procedures used by all law enforcement and...
Section 23-1A-2 - Complaint and summons forms--Uniform traffic ticket--Contents. - 23-1A-2. Complaint and summons forms--Uniform traffic ticket--Contents. The attorney general...
Section 23-1A-2.1 - Ticket form for juvenile cited violations. - 23-1A-2.1. Ticket form for juvenile cited violations. The attorney general...
Section 23-1A-3 - State's attorney as attorney for plaintiff. - 23-1A-3. State's attorney as attorney for plaintiff. The attorney for...
Section 23-1A-4 - Complaint and summons as only complaint necessary. - 23-1A-4. Complaint and summons as only complaint necessary. Whenever the...
Section 23-1A-5 - Signature under oath on complaint--Traffic ticket issued by law enforcement officer. - 23-1A-5. Signature under oath on complaint--Traffic ticket issued by law...
Section 23-1A-6 - Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent. - 23-1A-6. Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent....
Section 23-1A-7 - Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense. - 23-1A-7. Detention of violator to issue complaint and summons--Not an...
Section 23-1A-8 - Hearing within ten days specified in summons--Earlier date if requested--Place of hearing. - 23-1A-8. Hearing within ten days specified in summons--Earlier date if...
Section 23-1A-9 - Resisting service or refusal to give information as misdemeanor. - 23-1A-9. Resisting service or refusal to give information as misdemeanor....
Section 23-1A-10 - Defendant's options for disposal of case. - 23-1A-10. Defendant's options for disposal of case. A person to...
Section 23-1A-11 - Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor. - 23-1A-11. Written promise to appear--Admission and deposit--Immediate hearing if alternatives...
Section 23-1A-12 - Admission of other than traffic violation in lieu of court appearance--Filing with deposit. - 23-1A-12. Admission of other than traffic violation in lieu of...
Section 23-1A-13 - Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture. - 23-1A-13. Deposit in lieu of court appearance--Methods--Failure to appear as...
Section 23-1A-14 - Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor. - 23-1A-14. Receipt for deposit--Check as receipt--Stop payment and failure to...
Section 23-1A-15 - Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment. - 23-1A-15. Appearance not required after admission or deposit--Judgment for plaintiff--Deposit...
Section 23-1A-16 - Relief from admission by appearing in court--Matter set for trial. - 23-1A-16. Relief from admission by appearing in court--Matter set for...
Section 23-1A-17 - Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance. - 23-1A-17. Acceptance of admission in court and entry of judgment--Trial...
Section 23-1A-18 - Failure to appear after deposit or admission--Judgment entered. - 23-1A-18. Failure to appear after deposit or admission--Judgment entered. If...
Section 23-1A-19 - Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest. - 23-1A-19. Failure to appear without deposit or admission as misdemeanor--Default...
Section 23-1A-20 - Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety. - 23-1A-20. Motor vehicle violation--Certification of judgment forwarded to Department of...
Section 23-1A-21 - Effect of judgment same as for other civil judgments--Execution, levy, and liens. - 23-1A-21. Effect of judgment same as for other civil judgments--Execution,...
Section 23-1A-22 - Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit. - 23-1A-22. Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit. If the plaintiff...
Section 23-1A-23 - Judgment proceeds deposited in county treasuries. - 23-1A-23. Judgment proceeds deposited in county treasuries. All moneys received...
Chapter 03 - Law Enforcement Agencies
Section 23-3-1 - Police in municipalities--Law governing--Size of force. - 23-3-1. Police in municipalities--Law governing--Size of force. The organization and...
Section 23-3-3 - Attorney general--Jurisdiction concurrent with state's attorneys. - 23-3-3. Attorney general--Jurisdiction concurrent with state's attorneys. In any and...
Section 23-3-4 - Papers filed and appearances by attorney general. - 23-3-4. Papers filed and appearances by attorney general. The attorney...
Section 23-3-5 - Duties of state's attorney in criminal matters unaffected by authority of attorney general. - 23-3-5. Duties of state's attorney in criminal matters unaffected by...
Section 23-3-6 - Division of Criminal Investigation--Control by attorney general. - 23-3-6. Division of Criminal Investigation--Control by attorney general. The Division...
Section 23-3-7 - Personnel of division--Employment by attorney general--Compensation. - 23-3-7. Personnel of division--Employment by attorney general--Compensation. The attorney general...
Section 23-3-8 - Equipment purchase by attorney general. - 23-3-8. Equipment purchase by attorney general. The attorney general may...
Section 23-3-9 - Expenditures of division limited to appropriation. - 23-3-9. Expenditures of division limited to appropriation. Nothing contained in...
Section 23-3-10 - Police powers of division personnel. - 23-3-10. Police powers of division personnel. The assistants appointed by...
Section 23-3-11 - Personnel of division--Direction of operations by Governor. - 23-3-11. Personnel of division--Direction of operations by Governor. When in...
Section 23-3-12 - Duty of division to prevent and detect violations. - 23-3-12. Duty of division to prevent and detect violations. It...
Section 23-3-13 - Apprehension of criminals and fugitives by division. - 23-3-13. Apprehension of criminals and fugitives by division. It shall...
Section 23-3-14 - Cooperation of division with local peace officers. - 23-3-14. Cooperation of division with local peace officers. It shall...
Section 23-3-15 - Cooperation of division with agencies of other state, tribal governments, and FBI. - 23-3-15.Cooperation of division with agencies of other state, tribal governments,...
Section 23-3-15.1 - Cooperation with Sisseton-Wahpeton Sioux Tribe--Certain positions to have criminal history checks. - 23-3-15.1. Cooperation with Sisseton-Wahpeton Sioux Tribe--Certain positions to have criminal...
Section 23-3-15.2 - Fingerprint check of applicants for certain tribal positions--Fee. - 23-3-15.2. Fingerprint check of applicants for certain tribal positions--Fee. In...
Section 23-3-15.3 - Exchange of information. - 23-3-15.3. Exchange of information. The information obtained from the state...
Section 23-3-16 - System of criminal identification and investigation--Maintenance by division. - 23-3-16. System of criminal identification and investigation--Maintenance by division. It...
Section 23-3-17 - Assistance by division in establishing local bureaus of identification. - 23-3-17. Assistance by division in establishing local bureaus of identification....
Section 23-3-18 - Division as official agency to train law enforcement officers--Intra-departmental training encouraged. - 23-3-18. Division as official agency to train law enforcement officers--Intra-departmental...
Section 23-3-18.1 - Guidelines and procedures for reporting and investigation of missing persons, murdered indigenous women and children, and runaways--Training programs. - 23-3-18.1. Guidelines and procedures for reporting and investigation of missing...
Section 23-3-18.2 - Collection and sharing of information on missing and murdered indigenous persons. - 23-3-18.2.Collection and sharing of information on missing and murdered indigenous...
Section 23-3-18.3 - Definitions. - 23-3-18.3 . Definitions. Terms used in §§ 23-3-18.1 to 23-3-18.8,...
Section 23-3-18.4 - Missing persons clearinghouse--Establishment--Purpose. - 23-3-18.4 . Missing persons clearinghouse--Establishment--Purpose. The missing persons clearinghouse is...
Section 23-3-18.5 - Missing persons clearinghouse--Administration--Requirements. - 23-3-18.5 . Missing persons clearinghouse--Administration--Requirements. To administer the missing persons...
Section 23-3-18.6 - Missing persons clearinghouse--Report--Notification. - 23-3-18.6 . Missing persons clearinghouse--Report--Notification. If a report of a...
Section 23-3-18.7 - Missing person clearinghouse--Purpose. - 23-3-18.7 . Missing person clearinghouse--Purpose. The purpose of the missing...
Section 23-3-18.8 - Missing person located--Purging of information. - 23-3-18.8 . Missing person located--Purging of information. After the location...
Section 23-3-19 - Performance by division of other required duties. - 23-3-19. Performance by division of other required duties. It shall...
Section 23-3-19.1 - State Forensic Laboratory created--Assignment to criminal investigation division--Employees. - 23-3-19.1. State Forensic Laboratory created--Assignment to criminal investigation division--Employees. There...
Section 23-3-19.2 - Scientific examinations conducted by laboratory. - 23-3-19.2. Scientific examinations conducted by laboratory. The State Forensic Laboratory...
Section 23-3-19.3 - Copy of statement of laboratory's or certified chemist's findings as prima facie evidence of facts therein--Force and effect--Personal testimony at accused's request. - 23-3-19.3. Copy of statement of laboratory's or certified chemist's findings...
Section 23-3-26 - Training of law enforcement officers--Findings and policy. - 23-3-26. Training of law enforcement officers--Findings and policy. The Legislature...
Section 23-3-27 - Law enforcement officer defined. - 23-3-27. Law enforcement officer defined. Law enforcement officer means any...
Section 23-3-27.1 - Tribal law enforcement defined. - 23-3-27.1. Tribal law enforcement defined. The term, tribal law enforcement,...
Section 23-3-28 - Law Enforcement Officers Standards Commission--Appointment--Terms of members. - 23-3-28. Law Enforcement Officers Standards Commission--Appointment--Terms of members. There is...
Section 23-3-28.1 - Commission supported by attorney general's office. - 23-3-28.1. Commission supported by attorney general's office. The law enforcement...
Section 23-3-29 - Death, resignation, or incapacity of commission member--Appointment of successor. - 23-3-29. Death, resignation, or incapacity of commission member--Appointment of successor....
Section 23-3-30 - Ex officio members of commission. - 23-3-30. Ex officio members of commission. In addition to the...
Section 23-3-31 - Commission membership compatible with other office. - 23-3-31. Commission membership compatible with other office. Notwithstanding any provision...
Section 23-3-32 - Meetings of commission. - 23-3-32. Meetings of commission. The commission shall hold no less...
Section 23-3-33 - Reports of commission. - 23-3-33. Reports of commission. The commission shall report annually to...
Section 23-3-35 - Powers of commission. - 23-3-35. Powers of commission. In addition to powers conferred upon...
Section 23-3-35.1 - Definitions. - 23-3-35.1. Definitions. Terms used in §§23-3-35 to 23-3-35.3, inclusive, mean:...
Section 23-3-35.2 - License required to question person using CVSA--Violation a misdemeanor. - 23-3-35.2. License required to question person using CVSA--Violation a misdemeanor....
Section 23-3-35.3 - Requirements for license as CVSA examiner. - 23-3-35.3. Requirements for license as CVSA examiner. A person may...
Section 23-3-35.4 - Law enforcement canine team certification--Specialties. - 23-3-35.4. Law enforcement canine team certification--Specialties. Each law enforcement canine...
Section 23-3-35.5 - Canine certification standards and criteria--Rules--Fees. - 23-3-35.5. Canine certification standards and criteria--Rules--Fees. The commission shall, by...
Section 23-3-36 - Commission supported by appropriations. - 23-3-36. Commission supported by appropriations. Except as otherwise specifically provided...
Section 23-3-37 - Acceptance of donations and grants--Report and deposit. - 23-3-37. Acceptance of donations and grants--Report and deposit. The commission...
Section 23-3-38 - Administration of grants--Efficiency in operation. - 23-3-38. Administration of grants--Efficiency in operation. The commission, by rules...
Section 23-3-39 - Establishment and maintenance of training programs. - 23-3-39. Establishment and maintenance of training programs. The commission shall...
Section 23-3-39.1 - Airport security training to be provided--Maximum duration. - 23-3-39.1. Airport security training to be provided--Maximum duration. Notwithstanding §§23-3-41...
Section 23-3-39.2 - Criteria for accepting person not employed as an officer in training program. - 23-3-39.2. Criteria for accepting person not employed as an officer...
Section 23-3-39.3 - Fee for person not employed as officer for training program. - 23-3-39.3. Fee for person not employed as officer for training...
Section 23-3-39.4 - Domestic abuse training for law enforcement officers. - 23-3-39.4. Domestic abuse training for law enforcement officers. A law...
Section 23-3-39.5 - Initial training to include domestic abuse. - 23-3-39.5. Initial training to include domestic abuse. The initial training...
Section 23-3-39.6 - Domestic abuse and mental health training for state's attorney or deputy state's attorney. - 23-3-39.6. Domestic abuse and mental health training for state's attorney...
Section 23-3-39.7 - Domestic abuse training to utilize law enforcement officer training fund. - 23-3-39.7. Domestic abuse training to utilize law enforcement officer training...
Section 23-3-39.8 - Policies on response to domestic abuse situations. - 23-3-39.8. Policies on response to domestic abuse situations. Each law...
Section 23-3-39.9 - Response to resistance training. - 23-3-39.9. Response to resistance training. A law enforcement officer shall...
Section 23-3-40 - Reimbursement of expenses of officers in training. - 23-3-40. Reimbursement of expenses of officers in training. The commission...
Section 23-3-41 - Probationary appointment of officers until training completed--Maximum probationary employment. - 23-3-41. Probationary appointment of officers until training completed--Maximum probationary employment....
Section 23-3-42 - Qualifications prescribed for law enforcement officers. - 23-3-42. Qualifications prescribed for law enforcement officers. In addition to...
Section 23-3-42.1 - Training in domestic abuse issues required. - 23-3-42.1. Training in domestic abuse issues required. The minimum training...
Section 23-3-42.2 - Unified Judicial System to provide access to juvenile adjudications and dispositions. - 23-3-42.2. Unified Judicial System to provide access to juvenile adjudications...
Section 23-3-43 - Elected county sheriffs not exempt from prescribed qualifications--Education and training required. - 23-3-43. Elected county sheriffs not exempt from prescribed qualifications--Education and...
Section 23-3-43.1 - Certification of qualification of candidate for county sheriff. - 23-3-43.1. Certification of qualification of candidate for county sheriff. Any...
Section 23-3-44 - Certification of qualified officer trained in another state. - 23-3-44. Certification of qualified officer trained in another state. The...
Section 23-3-45 - Exemption of officers already serving. - 23-3-45. Exemption of officers already serving. Law enforcement officers, elected...
Section 23-3-46 - Division of Criminal Investigation to administer programs--Personnel. - 23-3-46. Division of Criminal Investigation to administer programs--Personnel. The Division...
Section 23-3-47 - Severability. - 23-3-47. Severability. The provisions of §§23-3-26 to 23-3-46, inclusive, shall...
Section 23-3-48 - Legislative finding of necessity for law enforcement training center and other law enforcement facilities. - 23-3-48. Legislative finding of necessity for law enforcement training center...
Section 23-3-49 - Attorney general to accept gifts for training center and facilities. - 23-3-49. Attorney general to accept gifts for training center and...
Section 23-3-50 - Division of Criminal Investigation to provide training and operate center--Supervision by attorney general. - 23-3-50. Division of Criminal Investigation to provide training and operate...
Section 23-3-51 - Law enforcement officers training fund created. - 23-3-51. Law enforcement officers training fund created. There is hereby...
Section 23-3-52 - Liquidated costs--Amount--Purposes--Waiver. - 23-3-52. Liquidated costs--Amount--Purposes--Waiver. In addition to any other penalty, assessment,...
Section 23-3-53 - Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses. - 23-3-53. Collection by clerk of courts--Transmittal to state treasurer--Funds--Uses. After...
Section 23-3-55 - Annual appropriation from fund--Allocation. - 23-3-55. Annual appropriation from fund--Allocation. Moneys in the law enforcement...
Section 23-3-70 - Immunity from civil liability for certain good faith conduct. - 23-3-70. Immunity from civil liability for certain good faith conduct....
Section 23-3-71 - County coroner training program. - 23-3-71. County coroner training program. The Law Enforcement Officers Standards...
Section 23-3-72 - Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general. - 23-3-72. Affidavit alleging fraud, bribery, or gifts violation by public...
Section 23-3-73 - Referral to Government Operations and Audit Committee, secretary of state, or Judicial Qualifications Commission. - 23-3-73. Referral to Government Operations and Audit Committee, secretary of...
Chapter 04 - Safeguard Of Law Enforcement Radio Communications
Section 23-4-2 - Possession by felon of police radio as misdemeanor--Radio stations unaffected. - 23-4-2. Possession by felon of police radio as misdemeanor--Radio stations...
Section 23-4-4 - Federal licensees exempt from chapter. - 23-4-4. Federal licensees exempt from chapter. This chapter does not...
Section 23-4-7 - Possession of device receiving law enforcement or emergency dispatch communications while committing felony--Misdemeanor. - 23-4-7. Possession of device receiving law enforcement or emergency dispatch...
Chapter 05 - Criminal Identification
Section 23-5-1 - Criminal identifying information--Procurement and filing by attorney general. - 23-5-1. Criminal identifying information--Procurement and filing by attorney general. The...
Section 23-5-2 - Cooperation of attorney general with law enforcement officers to establish complete state system. - 23-5-2. Cooperation of attorney general with law enforcement officers to...
Section 23-5-3 - Criminal records of inmates of penal institutions--Procuring and filing. - 23-5-3. Criminal records of inmates of penal institutions--Procuring and filing....
Section 23-5-4 - Fingerprints to be taken and forwarded on arrests--Failure of officer to take and report as misdemeanor. - 23-5-4. Fingerprints to be taken and forwarded on arrests--Failure of...
Section 23-5-5 - Fingerprints taken on arrest--Comparison with files--Information on previous criminal record. - 23-5-5. Fingerprints taken on arrest--Comparison with files--Information on previous criminal...
Section 23-5-6 - Identification records made by wardens and superintendents of penal institutions. - 23-5-6. Identification records made by wardens and superintendents of penal...
Section 23-5-8 - Warden of penitentiary--Furnishing of identification of inmates, transmission to Division of Criminal Investigation. - 23-5-8. Warden of penitentiary--Furnishing of identification of inmates, transmission to...
Section 23-5-10 - Definition of terms. - 23-5-10. Definition of terms. Terms used in §§23-5-10 to 23-5-13,...
Section 23-5-11 - Confidential criminal justice information not subject to inspection--Exception. - 23-5-11. Confidential criminal justice information not subject to inspection--Exception. Confidential...
Section 23-5-12 - Examination of own criminal history information--Written request--Authorization of release to others--Waiver of liability. - 23-5-12. Examination of own criminal history information--Written request--Authorization of release...
Section 23-5-12.1 - Criminal record check by schools, child welfare agencies or certified social worker on prospective employee or parent. - 23-5-12.1. Criminal record check by schools, child welfare agencies or...
Section 23-5-13 - Costs of providing information--Special revenue fund. - 23-5-13. Costs of providing information--Special revenue fund. Any costs collected...
Chapter 05A - DNA Samples
Section 23-5A-1 - Definition of terms. - 23-5A-1. Definition of terms. Terms used in this chapter mean:...
Section 23-5A-2 - Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility with FBI procedures--Capabilities. - 23-5A-2. Establishment of State DNA Database and State DNA Databank--Purpose--Compatibility...
Section 23-5A-3 - Duties of State Forensic Laboratory. - 23-5A-3. Duties of State Forensic Laboratory. The South Dakota State...
Section 23-5A-4 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample. - 23-5A-4. Persons required to provide DNA sample--Retroactivity of requirement. Any...
Section 23-5A-5 - Persons convicted or adjudicated delinquent for qualifying offense required to provide DNA sample. - 23-5A-5. Persons convicted or adjudicated delinquent for qualifying offense required...
Section 23-5A-5.1 - Registered sex offenders required to provide DNA sample. - 23-5A-5.1. Registered sex offenders required to provide DNA sample. Any...
Section 23-5A-5.2 - Adult arrested for qualifying offense required to provide DNA sample. - 23-5A-5.2. Adult arrested for qualifying offense required to provide DNA...
Section 23-5A-6 - Incarcerated or supervised persons to provide DNA sample--Release contingent upon provision of sample. - 23-5A-6. Incarcerated or supervised persons to provide DNA sample--Release contingent...
Section 23-5A-7 - Interjurisdictional provisions to provide DNA sample. - 23-5A-7. Interjurisdictional provisions to provide DNA sample. If the state...
Section 23-5A-8 - Application of this chapter to persons on probation or parole--Application to persons sentenced to death, life or indeterminate sentences--Other application. - 23-5A-8. Application of this chapter to persons on probation or...
Section 23-5A-9 - Agencies or institutions may contract with third parties to collect samples. - 23-5A-9. Agencies or institutions may contract with third parties to...
Section 23-5A-10 - Fingerprints to be provided as identification of person. - 23-5A-10. Fingerprints to be provided as identification of person. A...
Section 23-5A-11 - DNA samples to be forwarded to State Forensic Laboratory. - 23-5A-11. DNA samples to be forwarded to State Forensic Laboratory....
Section 23-5A-12 - Immunity from liability of persons collecting DNA samples. - 23-5A-12. Immunity from liability of persons collecting DNA samples. No...
Section 23-5A-13 - Reasonable force allowed in collection of DNA sample--Immunity from liability. - 23-5A-13. Reasonable force allowed in collection of DNA sample--Immunity from...
Section 23-5A-14 - Refusal to supply sample a felony. - 23-5A-14. Refusal to supply sample a felony. Any person who...
Section 23-5A-15 - Mistaken collection or placement of sample does not invalidate sample's use in database. - 23-5A-15. Mistaken collection or placement of sample does not invalidate...
Section 23-5A-16 - Promulgation of rules for collection, analysis, storage, etc. - 23-5A-16. Promulgation of rules for collection, analysis, storage, etc.. The...
Section 23-5A-17 - Permissible uses of DNA analyses. - 23-5A-17. Permissible uses of DNA analyses. The analyses to be...
Section 23-5A-18 - Uses of DNA samples remaining after analyses. - 23-5A-18. Uses of DNA samples remaining after analyses. All or...
Section 23-5A-19 - Use of analyses performed on persons adjudicated delinquent--Includes adult prosecution. - 23-5A-19. Use of analyses performed on persons adjudicated delinquent--Includes adult...
Section 23-5A-20 - Revocation of license of public DNA laboratory. - 23-5A-20. Revocation of license of public DNA laboratory. The South...
Section 23-5A-21 - Third party contractors--Subject to restrictions and requirements of this chapter. - 23-5A-21. Third party contractors--Subject to restrictions and requirements of this...
Section 23-5A-22 - Confidentiality of records--Disclosure prohibited. - 23-5A-22. Confidentiality of records--Disclosure prohibited. Any DNA record or DNA...
Section 23-5A-23 - Records not public. - 23-5A-23. Records not public. Any DNA record or DNA sample...
Section 23-5A-24 - Discovery rules govern access to DNA records. - 23-5A-24. Discovery rules govern access to DNA records. In the...
Section 23-5A-25 - Release of record or sample for certain authorized purposes. - 23-5A-25. Release of record or sample for certain authorized purposes....
Section 23-5A-26 - Disclosure to unauthorized person or agency a felony--Unauthorized use or tampering a felony. - 23-5A-26. Disclosure to unauthorized person or agency a felony--Unauthorized use...
Section 23-5A-27 - Confidentiality of software and databases used by state laboratory. - 23-5A-27. Confidentiality of software and databases used by state laboratory....
Section 23-5A-28 - Request for expungement--Grounds. - 23-5A-28. Request for expungement--Grounds. Any person whose DNA record or...
Section 23-5A-29 - Expungement of record--Receipt of court order--Exception. - 23-5A-29. Expungement of record--Receipt of court order--Exception. Upon receipt of...
Section 23-5A-30 - Expungement not required if certain other evidence would be destroyed. - 23-5A-30. Expungement not required if certain other evidence would be...
Section 23-5A-31 - Failure to expunge not grounds for invalidation. - 23-5A-31. Failure to expunge not grounds for invalidation. Any identification,...
Section 23-5A-32 - Liberal construction of chapter--Other laws. - 23-5A-32. Liberal construction of chapter--Other laws. The provisions of this...
Chapter 05B - DNA Testing Of Persons Convicted Of Felonies
Section 23-5B-1 - Order upon motion for DNA testing of person convicted of felony--Requirements. - 23-5B-1. Order upon motion for DNA testing of person convicted...
Section 23-5B-2 - Notice to attorney general and state's attorney of motion for testing--Response. - 23-5B-2. Notice to attorney general and state's attorney of motion...
Section 23-5B-3 - Referral of indigent petitioner's request for testing to Innocence Project or volunteer attorney. - 23-5B-3. Referral of indigent petitioner's request for testing to Innocence...
Section 23-5B-4 - Petitioner may retain counsel. - 23-5B-4. Petitioner may retain counsel. Nothing in this chapter precludes...
Section 23-5B-5 - Preservation of evidence in state custody. - 23-5B-5. Preservation of evidence in state custody. Upon receiving notice...
Section 23-5B-6 - Testing laboratory. - 23-5B-6. Testing laboratory. The court shall direct that any DNA...
Section 23-5B-7 - Testing by agreement. - 23-5B-7. Testing by agreement. Nothing in this chapter prohibits a...
Section 23-5B-8 - Disclosure of test results. - 23-5B-8. Disclosure of test results. The results of any DNA...
Section 23-5B-9 - Submission of test results to State DNA Database. - 23-5B-9. Submission of test results to State DNA Database. The...
Section 23-5B-10 - Inconclusive test results or match between DNA sample and DNA evidence. - 23-5B-10. Inconclusive test results or match between DNA sample and...
Section 23-5B-11 - Match between DNA sample and other offense. - 23-5B-11. Match between DNA sample and other offense. If the...
Section 23-5B-12 - Denial of relief upon inconclusive test results. - 23-5B-12. Denial of relief upon inconclusive test results. If DNA...
Section 23-5B-13 - Effect of match between DNA sample and DNA evidence. - 23-5B-13. Effect of match between DNA sample and DNA evidence....
Section 23-5B-14 - Sentencing in prosecution for false assertions. - 23-5B-14. Sentencing in prosecution for false assertions. In any prosecution...
Section 23-5B-15 - Motion for new trial where testing excludes petitioner as source of DNA evidence. - 23-5B-15. Motion for new trial where testing excludes petitioner as...
Section 23-5B-16 - Grounds for new trial. - 23-5B-16. Grounds for new trial. The court shall grant the...
Section 23-5B-17 - Habeas corpus. - 23-5B-17. Habeas corpus. Nothing in this chapter provides a basis...
Chapter 05C - Sexual Assault Kits For Testing
Section 23-5C-1 - Definitions. - 23-5C-1. Definitions. Terms used in this chapter mean: (1)"Accredited laboratory,"...
Section 23-5C-2 - Report of rape or sexual assault--Option of reporting--Requirement of reporting prohibited--Minor's consent--No impact on mandatory reporting--Release of sexual assault kit--Preservation of sexual assault kit. - 23-5C-2. Report of rape or sexual assault--Option of reporting--Requirement of...
Section 23-5C-3 - Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory reporting obligations not affected. - 23-5C-3. Code number assigned--Period maintained--Retrieval and transfer of kit--Preservation--Certain mandatory...
Section 23-5C-4 - Submission of kit evidence to Division of Criminal Investigation or other laboratory for analysis--Time limits--Record uploaded to database. - 23-5C-4. Submission of kit evidence to Division of Criminal Investigation...
Chapter 06 - Criminal Statistics
Section 23-6-1 - Bureau of Criminal Statistics--Establishment in Office of Attorney General. - 23-6-1. Bureau of Criminal Statistics--Establishment in Office of Attorney General....
Section 23-6-2 - Attorney general as director of bureau--Seal--No salary. - 23-6-2. Attorney general as director of bureau--Seal--No salary. The bureau...
Section 23-6-3 - Work of bureau--Assignment of deputies and clerks--Expenses paid from department appropriation. - 23-6-3. Work of bureau--Assignment of deputies and clerks--Expenses paid from...
Section 23-6-4 - Statistical information--Compilation by director--Misdemeanor. - 23-6-4. Statistical information--Compilation by director--Misdemeanor. The director shall collect and...
Section 23-6-5 - Information as to particular offenders--Gathering by director--Misdemeanor. - 23-6-5. Information as to particular offenders--Gathering by director--Misdemeanor. The director...
Section 23-6-6 - Classification of crimes and offenders--Promulgation by director--Misdemeanor. - 23-6-6. Classification of crimes and offenders--Promulgation by director--Misdemeanor. The director...
Section 23-6-7 - Authority of director to enter prisons and penal institutions--Misdemeanor. - 23-6-7. Authority of director to enter prisons and penal institutions--Misdemeanor....
Section 23-6-8 - Information received by bureau--Filing by director--Form and classification of records, preservation. - 23-6-8. Information received by bureau--Filing by director--Form and classification of...
Section 23-6-8.1 - Destruction of records of certain persons, incidents, and offenses. - 23-6-8.1. Destruction of records of certain persons, incidents, and offenses....
Section 23-6-9 - Copy of available information--Furnishing to law enforcement agencies--Misdemeanor. - 23-6-9. Copy of available information--Furnishing to law enforcement agencies--Misdemeanor. Upon...
Section 23-6-10 - Reports by director--Contents--Distribution--Misdemeanor. - 23-6-10. Reports by director--Contents--Distribution--Misdemeanor. Annually, and at such other times...
Section 23-6-11 - Access of director to public records--Misdemeanor. - 23-6-11. Access of director to public records--Misdemeanor. Every person having...
Section 23-6-12 - Cooperation of bureau with federal government and other states--Development of international system of criminal identification--Misdemeanor. - 23-6-12. Cooperation of bureau with federal government and other states--Development...
Section 23-6-14 - Access to files and records of bureau. - 23-6-14. Access to files and records of bureau. The Governor,...
Section 23-6-15 - Acceptance of rewards by director or employees prohibited. - 23-6-15. Acceptance of rewards by director or employees prohibited. No...
Section 23-6-16 - Officials dealing with persons charged with crime--Reports required by director--Misdemeanor. - 23-6-16. Officials dealing with persons charged with crime--Reports required by...
Section 23-6-17 - Coroners--Transmission of information required by director--Misdemeanor. - 23-6-17. Coroners--Transmission of information required by director--Misdemeanor. It shall be...
Section 23-6-19 - Uniformity of interpretation of chapter. - 23-6-19. Uniformity of interpretation of chapter. This chapter shall be...
Section 23-6-20 - Citation of chapter. - 23-6-20. Citation of chapter. This chapter may be cited as...
Chapter 07 - Firearms Control
Section 23-7-1 - Definitions applicable to chapter. - 23-7-1. Definitions applicable to chapter. Terms used in this chapter,...
Section 23-7-1.1 - Antique or nondischargeable firearms excepted. - 23-7-1.1. Antique or nondischargeable firearms excepted. This chapter shall not...
Section 23-7-7 - Permit to carry concealed pistol--Background investigation--Carrying pistol without permit not prohibited. - 23-7-7. Permit to carry concealed pistol--Background investigation--Carrying pistol without permit...
Section 23-7-7.1 - Requirements for issuance of temporary permit--Time requirement--Appeal of denial. - 23-7-7.1. Requirements for issuance of temporary permit--Time requirement--Appeal of denial....
Section 23-7-7.2 - Liability of issuing authority. - 23-7-7.2. Liability of issuing authority. An issuing authority that has...
Section 23-7-7.3 - Reciprocity with other states--Conditions. - 23-7-7.3. Reciprocity with other states--Conditions. The attorney general shall compare...
Section 23-7-7.5 - Active duty military personnel and spouses. - 23-7-7.5. Active duty military personnel and spouses. Any person who...
Section 23-7-7.6 - Time requirement for INTERPOL check. - 23-7-7.6. Time requirement for INTERPOL check. Notwithstanding the five day...
Section 23-7-8 - Application for permit, enhanced permit, or gold card permit to carry concealed pistol. - 23-7-8. Application for permit, enhanced permit, or gold card permit...
Section 23-7-8.1 - Form and contents of permit, enhanced permit, and gold card permit. - 23-7-8.1. Form and contents of permit, enhanced permit, and gold...
Section 23-7-8.2 - Duration of permit. - 23-7-8.2. Duration of permit. The permit to carry a concealed...
Section 23-7-8.3 - Permit issued to specific person--Transfer prohibited. - 23-7-8.3. Permit issued to specific person--Transfer prohibited. A permit to...
Section 23-7-8.4 - Revocation of permit--Procedure. - 23-7-8.4. Revocation of permit--Procedure. A prosecuting attorney, upon application of...
Section 23-7-8.6 - List, record, or registry of privately owned firearms, owners of firearms, or holders of permits prohibited. - 23-7-8.6. List, record, or registry of privately owned firearms, owners...
Section 23-7-8.7 - Application of firearm confidentiality provisions. - 23-7-8.7. Application of firearm confidentiality provisions. The provisions of §23-7-8.6...
Section 23-7-8.8 - Law enforcement officer not restricted in performance of official duty under specified circumstances. - 23-7-8.8. Law enforcement officer not restricted in performance of official...
Section 23-7-8.9 - Retention of data by law enforcement officer limited. - 23-7-8.9. Retention of data by law enforcement officer limited. The...
Section 23-7-8.10 - Access restricted to application, record, or registry of holders of permits. - 23-7-8.10. Access restricted to application, record, or registry of holders...
Section 23-7-8.11 - Renewal of regular permit to carry concealed pistol. - 23-7-8.11. Renewal of regular permit to carry concealed pistol. The...
Section 23-7-8.12 - Renewal of regular concealed carry permit by deployed military service member. - 23-7-8.12. Renewal of regular concealed carry permit by deployed military...
Section 23-7-8.13 - Grace period for renewal of permit. - 23-7-8.13. Grace period for renewal of permit. Upon the expiration...
Section 23-7-8.14 - Grace period not applicable to certain permit holders. - 23-7-8.14. Grace period not applicable to certain permit holders. The...
Section 23-7-9 - Pistol to be delivered wrapped and unloaded--Violation as misdemeanor. - 23-7-9. Pistol to be delivered wrapped and unloaded--Violation as misdemeanor....
Section 23-7-11 - Regulation does not apply to sale of pistols at wholesale. - 23-7-11. Regulation does not apply to sale of pistols at...
Section 23-7-12 - False information or false evidence of identity to secure pistol or permit as felony. - 23-7-12. False information or false evidence of identity to secure...
Section 23-7-18 - Sale of pistol by retail dealer--Restrictions--Misdemeanor. - 23-7-18. Sale of pistol by retail dealer--Restrictions--Misdemeanor. No pistol shall...
Section 23-7-43 - New serial number engraved or stamped on firearm. - 23-7-43. New serial number engraved or stamped on firearm. Upon...
Section 23-7-44 - Possession of pistols by minors prohibited--Misdemeanor. - 23-7-44. Possession of pistols by minors prohibited--Misdemeanor. No person under...
Section 23-7-45 - Possession of pistols by minors--Exceptions to prohibitions. - 23-7-45. Possession of pistols by minors--Exceptions to prohibitions. The provisions...
Section 23-7-46 - Prohibited transfer of firearms and ammunition to juveniles--Felony. - 23-7-46. Prohibited transfer of firearms and ammunition to juveniles--Felony. No...
Section 23-7-47 - Prosecuting attorney's report to attorney general of certain names for reporting to National Instant Criminal Background Check System. - 23-7-47. Prosecuting attorney's report to attorney general of certain names...
Section 23-7-48 - Attorney general's transmission of certain names to National Instant Criminal Background Check System. - 23-7-48.Attorney general's transmission of certain names to National Instant Criminal...
Section 23-7-49 - Petition for restoration of right to possess firearm. - 23-7-49.Petition for restoration of right to possess firearm. A person...
Section 23-7-50 - Hearing for restoration of right to possess firearm--Confidentiality of record--Order. - 23-7-50. Hearing for restoration of right to possess firearm--Confidentiality of...
Section 23-7-51 - Submission of order restoring right to possess firearm for reporting to National Instant Criminal Background Check System. - 23-7-51.Submission of order restoring right to possess firearm for reporting...
Section 23-7-53 - Enhanced permit to carry concealed pistol--Application. - 23-7-53. Enhanced permit to carry concealed pistol--Application. An applicant must...
Section 23-7-54 - Temporary enhanced permit to carry concealed pistol--Requirements--Records. - 23-7-54. Temporary enhanced permit to carry concealed pistol--Requirements--Records. The sheriff...
Section 23-7-54.1 - Fingerprint and background check for holder of enhanced permit issued from July 1, 2015, through December 31, 2016. - 23-7-54.1. Fingerprint and background check for holder of enhanced permit...
Section 23-7-54.2 - Age requirement for enhanced permit--Temporary restricted enhanced permit for individuals age eighteen to twenty. - 23-7-54.2. Age requirement for enhanced permit--Temporary restricted enhanced permit for...
Section 23-7-54.3 - New temporary restricted enhanced permit substituted for permit issued between July 1, 2015 and March 9, 2018. - 23-7-54.3. New temporary restricted enhanced permit substituted for permit issued...
Section 23-7-54.4 - Request for unrestricted enhanced permit upon reaching age twenty-one. - 23-7-54.4. Request for unrestricted enhanced permit upon reaching age twenty-one....
Section 23-7-55 - Duration of enhanced permit to carry concealed pistol--Identification required. - 23-7-55. Duration of enhanced permit to carry concealed pistol--Identification required....
Section 23-7-56 - Enhanced permit to carry concealed pistol--Renewal. - 23-7-56. Enhanced permit to carry concealed pistol--Renewal. A person who...
Section 23-7-57 - References, rights, and responsibilities related to permit to carry concealed pistol apply to enhanced permit and gold card permit. - 23-7-57. References, rights, and responsibilities related to permit to carry...
Section 23-7-58 - Qualifying handgun course. - 23-7-58. Qualifying handgun course. A qualifying handgun course is any...
Section 23-7-59 - Use of force course for instructors. - 23-7-59. Use of force course for instructors. The Division of...
Section 23-7-60 - Gold card permit to carry concealed pistol--Application. - 23-7-60. Gold card permit to carry concealed pistol--Application. An applicant...
Section 23-7-61 - Temporary gold card permit to carry concealed pistol--Requirements--Records. - 23-7-61. Temporary gold card permit to carry concealed pistol--Requirements--Records. The...
Section 23-7-62 - Renewal of gold card permit to carry concealed pistol. - 23-7-62. Renewal of gold card permit to carry concealed pistol....
Section 23-7-63 - Duration of gold card permit to carry concealed pistol. - 23-7-63. Duration of gold card permit to carry concealed pistol....
Section 23-7-64 - Revocation of gold card or enhanced permit to carry concealed pistol-Sheriff to secure return of permit--Petition for return of permit. - 23-7-64. Revocation of gold card or enhanced permit to carry...
Section 23-7-65 - Possession of revoked gold card or enhanced concealed pistol permit as misdemeanor. - 23-7-65. Possession of revoked gold card or enhanced concealed pistol...
Section 23-7-66 - Surrender to court of revoked gold card or enhanced concealed pistol permits. - 23-7-66. Surrender to court of revoked gold card or enhanced...
Section 23-7-67 - Failure or refusal to surrender revoked gold card or enhanced permit as misdemeanor. - 23-7-67. Failure or refusal to surrender revoked gold card or...
Section 23-7-68 - National Instant Criminal Background Check of gold card or enhanced concealed pistol permit holders. - 23-7-68. National Instant Criminal Background Check of gold card or...
Section 23-7-69 - Notice to secretary of state of change of name or address--Issuance of new permit. - 23-7-69. Notice to secretary of state of change of name...
Section 23-7-70 - Carrying concealed pistol in malt or alcoholic beverage establishment prohibited. - 23-7-70. Carrying concealed pistol in malt or alcoholic beverage establishment...
Section 23-7-71 - Minors prohibited from carrying concealed pistol except with parent or guardian. - 23-7-71. Minors prohibited from carrying concealed pistol except with parent...
Section 23-7-72 - Concealed carry permit fees--Reimbursement to county. - 23-7-72. Concealed carry permit fees--Reimbursement to county. The Office of...
Chapter 13 - Prevention And Investigation Of Crimes
Section 23-13-1 - Prevention of offenses by officers of justice--Methods. - 23-13-1. Prevention of offenses by officers of justice--Methods. Public offenses...
Section 23-13-2 - Prevention of offenses by officers of justice--Assistance by other persons. - 23-13-2. Prevention of offenses by officers of justice--Assistance by other...
Section 23-13-4 - Enforcement of gambling laws--Duties of public officers. - 23-13-4. Enforcement of gambling laws--Duties of public officers. It shall...
Section 23-13-5 - Neglect of gambling investigation and enforcement--Investigation and prosecution by attorney general. - 23-13-5. Neglect of gambling investigation and enforcement--Investigation and prosecution by...
Section 23-13-6 - Neglect of gambling investigation and enforcement as petty offense. - 23-13-6. Neglect of gambling investigation and enforcement as petty offense....
Section 23-13-7 - Transcription and filing of testimony taken by prosecuting attorney. - 23-13-7. Transcription and filing of testimony taken by prosecuting attorney....
Section 23-13-10 - Report to sheriff of gunshot wounds treated. - 23-13-10. Report to sheriff of gunshot wounds treated. Any person...
Section 23-13-11 - Oral report of gunshot wound as soon as possible. - 23-13-11. Oral report of gunshot wound as soon as possible....
Section 23-13-12 - Immunity from liability for report. - 23-13-12. Immunity from liability for report. Any person making a...
Section 23-13-13 - Claim of confidential relation privilege prohibited. - 23-13-13. Claim of confidential relation privilege prohibited. Any confidential relation...
Section 23-13-14 - Failure to report bullet wound--Misdemeanor. - 23-13-14. Failure to report bullet wound--Misdemeanor. Any person described in...
Chapter 14 - Coroner's Inquests
Section 23-14-1 - Duty of coroner to inquire into cause of death. - 23-14-1. Duty of coroner to inquire into cause of death....
Section 23-14-3 - Summons of jury for coroner's inquest. - 23-14-3. Summons of jury for coroner's inquest. When the coroner...
Section 23-14-5 - Bystander as juror--Juror failing to appear. - 23-14-5. Bystander as juror--Juror failing to appear. If any juror...
Section 23-14-7 - Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt. - 23-14-7. Witnesses to be subpoenaed--Fees--Compelling attendance--Contempt. The coroner may issue...
Section 23-14-9 - Physician summoned to make examination--Compensation. - 23-14-9. Physician summoned to make examination--Compensation. In any such inquisition...
Section 23-14-9.1 - Autopsy ordered by state's attorney, sheriff, or coroner. - 23-14-9.1. Autopsy ordered by state's attorney, sheriff, or coroner. If...
Section 23-14-9.2 - Autopsy fees--Coroner performing autopsy--County of residence to pay for autopsy. - 23-14-9.2. Autopsy fees--Coroner performing autopsy--County of residence to pay for...
Section 23-14-10 - Testimony in writing--Subscribing by witnesses. - 23-14-10. Testimony in writing--Subscribing by witnesses. The testimony shall be...
Section 23-14-12 - Inquest not made public until arrest directed. - 23-14-12. Inquest not made public until arrest directed. If the...
Section 23-14-13 - Arrest of person charged--Coroner's warrant. - 23-14-13. Arrest of person charged--Coroner's warrant. If the person charged...
Section 23-14-14 - Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint. - 23-14-14. Coroner's warrant equal to magistrate's warrant--Proceedings as on complaint....
Section 23-14-15 - Recitals in coroner's warrant--Foundation for commitment proceedings. - 23-14-15. Recitals in coroner's warrant--Foundation for commitment proceedings. The warrant...
Section 23-14-16 - Papers returned to circuit court. - 23-14-16. Papers returned to circuit court. The coroner shall then...
Section 23-14-17 - Forms to be promulgated--Publication--Effect of forms. - 23-14-17. Forms to be promulgated--Publication--Effect of forms. The attorney general...
Section 23-14-18 - Deaths to be investigated by coroner. - 23-14-18. Deaths to be investigated by coroner. The county coroner...
Section 23-14-18.1 - Designation of special death investigators. - 23-14-18.1. Designation of special death investigators. The secretary of health...
Section 23-14-18.2 - Jurisdiction and duties of special death investigators. - 23-14-18.2. Jurisdiction and duties of special death investigators. At the...
Section 23-14-18.3 - Investigation of uncertified deaths. - 23-14-18.3. Investigation of uncertified deaths. The secretary of health may...
Section 23-14-18.4 - Compensation of special death investigators. - 23-14-18.4. Compensation of special death investigators. The special death investigator...
Section 23-14-19 - Joint custody of dead bodies and effects--Movement prohibited--Violation as misdemeanor. - 23-14-19. Joint custody of dead bodies and effects--Movement prohibited--Violation as...
Section 23-14-20 - Certificate prepared by coroner. - 23-14-20. Certificate prepared by coroner. The county coroner shall prepare...
Chapter 24 - Extradition Proceedings
Section 23-24-1 - Definition of terms. - 23-24-1. Definition of terms. Where appearing in this chapter, the...
Section 23-24-2 - Fugitives from other states--Governor to cause arrest and delivery. - 23-24-2. Fugitives from other states--Governor to cause arrest and delivery....
Section 23-24-3 - Form of demand for extradition to another state. - 23-24-3. Form of demand for extradition to another state. No...
Section 23-24-4 - Investigation by Governor. - 23-24-4. Investigation by Governor. When a demand shall be made...
Section 23-24-5 - Agreement for return of fugitive to this state after trial or sentence in another state. - 23-24-5. Agreement for return of fugitive to this state after...
Section 23-24-6 - Fugitive from another state who departed therefrom involuntarily. - 23-24-6. Fugitive from another state who departed therefrom involuntarily. The...
Section 23-24-7 - Fugitive from another state who was absent therefrom at the time of the commission of the crime. - 23-24-7. Fugitive from another state who was absent therefrom at...
Section 23-24-8 - Governor's warrant of arrest--Issuance--Recitals. - 23-24-8. Governor's warrant of arrest--Issuance--Recitals. If the Governor decides that...
Section 23-24-9 - Manner and place of execution. - 23-24-9. Manner and place of execution. The Governor's warrant of...
Section 23-24-10 - Authority of arresting officer. - 23-24-10. Authority of arresting officer. Every such peace officer or...
Section 23-24-11 - Rights of accused person before delivery to agent for extradition--Violation as misdemeanor. - 23-24-11. Rights of accused person before delivery to agent for...
Section 23-24-12 - Application for habeas corpus to test legality of arrest. - 23-24-12. Application for habeas corpus to test legality of arrest....
Section 23-24-13 - Confinement in jail when necessary. - 23-24-13. Confinement in jail when necessary. The officer or persons...
Section 23-24-14 - Taking prisoner from another state to demanding state through this state--Confinement in jail. - 23-24-14. Taking prisoner from another state to demanding state through...
Section 23-24-15 - Arrest prior to requisition. - 23-24-15. Arrest prior to requisition. Whenever any person within this...
Section 23-24-16 - Arrest without a warrant. - 23-24-16. Arrest without a warrant. The arrest of a person...
Section 23-24-17 - Commitment to await requisition. - 23-24-17. Commitment to await requisition. If from the examination before...
Section 23-24-18 - Bail pending proceedings--Conditions of bond. - 23-24-18. Bail pending proceedings--Conditions of bond. Unless the offense with...
Section 23-24-19 - Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail. - 23-24-19. Failure to arrest under Governor's warrant within specified time--Discharge...
Section 23-24-20 - Forfeiture of bail. - 23-24-20. Forfeiture of bail. If a prisoner is admitted to...
Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition. - 23-24-21. Persons under criminal prosecution in this state at time...
Section 23-24-22 - Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt. - 23-24-22. Identifying prisoner as the person charged with the crime--No...
Section 23-24-23 - Governor may recall warrant or issue alias. - 23-24-23. Governor may recall warrant or issue alias. The Governor...
Section 23-24-24 - Written waiver of extradition proceedings. - 23-24-24. Written waiver of extradition proceedings. Any person arrested in...
Section 23-24-25 - Consent to return to demanding state--Execution--Filing--Effect. - 23-24-25. Consent to return to demanding state--Execution--Filing--Effect. If and when...
Section 23-24-26 - Voluntary return without formality. - 23-24-26. Voluntary return without formality. Nothing in §23-24-24 or 23-24-25...
Section 23-24-27 - Nonwaiver by this state. - 23-24-27. Nonwaiver by this state. Nothing in this chapter contained...
Section 23-24-28 - Fugitives from this state--Governor to issue warrant. - 23-24-28. Fugitives from this state--Governor to issue warrant. Whenever the...
Section 23-24-29 - Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney. - 23-24-29. Application for Governor's requisition from another state--Person charged with...
Section 23-24-30 - Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents. - 23-24-30. Person convicted of escaping or violating bail, probation or...
Section 23-24-31 - Application for Governor's requisition--Verification--Accompanying documents. - 23-24-31. Application for Governor's requisition--Verification--Accompanying documents. An application under §23-24-29...
Section 23-24-32 - Disposition of copies of application and accompanying documents. - 23-24-32. Disposition of copies of application and accompanying documents. One...
Section 23-24-33 - Immunity from civil process. - 23-24-33. Immunity from civil process. A person brought into this...
Section 23-24-34 - No immunity as to prosecution for other crimes. - 23-24-34. No immunity as to prosecution for other crimes. After...
Section 23-24-35 - Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined. - 23-24-35. Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or...
Section 23-24-36 - Custody and restraint of person in South Dakota by agent of foreign state. - 23-24-36. Custody and restraint of person in South Dakota by...
Section 23-24-37 - Uniformity of interpretation. - 23-24-37. Uniformity of interpretation. The provisions of this chapter shall...
Section 23-24-38 - Severability of provisions. - 23-24-38. Severability of provisions. If any provision of this chapter...
Section 23-24-39 - Citation of uniform provision. - 23-24-39. Citation of uniform provision. Sections 23-24-1 to 23-24-34, inclusive,...
Chapter 24A - Interstate Agreement On Detainers
Section 23-24A-1 - Findings, policy, and purpose of party states. - 23-24A-1. Findings, policy, and purpose of party states. The party...
Section 23-24A-2 - Definition of terms. - 23-24A-2. Definition of terms. Terms as used in this agreement...
Section 23-24A-3 - Notice by prisoner of place of imprisonment and request for final disposition--Time for trial--Continuance. - 23-24A-3. Notice by prisoner of place of imprisonment and request...
Section 23-24A-4 - Prisoner to be informed of detainer and right to final disposition. - 23-24A-4. Prisoner to be informed of detainer and right to...
Section 23-24A-5 - Prisoner's notice and request delivered to custodial officer--Forwarding to prosecuting officials. - 23-24A-5. Prisoner's notice and request delivered to custodial officer--Forwarding to...
Section 23-24A-6 - Certificate of custodial official to accompany prisoner's request for final disposition--Contents. - 23-24A-6. Certificate of custodial official to accompany prisoner's request for...
Section 23-24A-7 - Notice by custodial officer to prosecuting officers and courts of prisoner's request for final disposition. - 23-24A-7. Notice by custodial officer to prosecuting officers and courts...
Section 23-24A-8 - Request for final disposition as waiver of extradition--Consent to court appearance--Concurrent sentence. - 23-24A-8. Request for final disposition as waiver of extradition--Consent to...
Section 23-24A-9 - Escape voids request for final disposition. - 23-24A-9. Escape voids request for final disposition. Escape from custody...
Section 23-24A-10 - Request for disposition includes all untried accusations. - 23-24A-10. Request for disposition includes all untried accusations. Any request...
Section 23-24A-11 - Dismissal of accusations not tried before return to place of imprisonment. - 23-24A-11. Dismissal of accusations not tried before return to place...
Section 23-24A-12 - State's request for temporary custody and availability--Approval by court of requesting state--Time for action by Governor of sending state--Notice to prisoner. - 23-24A-12. State's request for temporary custody and availability--Approval by court...
Section 23-24A-13 - Custodial officer's certificate as to terms of imprisonment--Contents--Notice to other agencies in requesting state. - 23-24A-13. Custodial officer's certificate as to terms of imprisonment--Contents--Notice to...
Section 23-24A-14 - Time for trial after return to requesting state--Continuance. - 23-24A-14. Time for trial after return to requesting state--Continuance. In...
Section 23-24A-15 - Tolling of time periods for trial. - 23-24A-15. Tolling of time periods for trial. In determining the...
Section 23-24A-16 - Right of prisoner to contest legality of delivery. - 23-24A-16. Right of prisoner to contest legality of delivery. Nothing...
Section 23-24A-17 - Delivery of temporary custody by sending state--Offer to accompany prisoner's request for final disposition--Federal prisoner. - 23-24A-17. Delivery of temporary custody by sending state--Offer to accompany...
Section 23-24A-18 - Documents required of officer accepting temporary custody. - 23-24A-18. Documents required of officer accepting temporary custody. The officer...
Section 23-24A-19 - Duty of custodial officer to give over person of inmate. - 23-24A-19. Duty of custodial officer to give over person of...
Section 23-24A-20 - Limitation on purpose of temporary custody--Type of jail used for prisoner. - 23-24A-20. Limitation on purpose of temporary custody--Type of jail used...
Section 23-24A-21 - Escape while in another state. - 23-24A-21. Escape while in another state. Escape from custody while...
Section 23-24A-22 - Dismissal of accusation on failure to accept custody or try case--Detainer void. - 23-24A-22. Dismissal of accusation on failure to accept custody or...
Section 23-24A-23 - Running of sentence during temporary custody--Good time earned. - 23-24A-23. Running of sentence during temporary custody--Good time earned. During...
Section 23-24A-24 - Prisoner deemed in custody and jurisdiction of sending state--Escape from temporary custody. - 23-24A-24. Prisoner deemed in custody and jurisdiction of sending state--Escape...
Section 23-24A-25 - Responsibilities of receiving state--Supplementary agreement for allocation of costs and responsibilities--Internal relationships in state not altered. - 23-24A-25. Responsibilities of receiving state--Supplementary agreement for allocation of costs...
Section 23-24A-26 - Dismissal of accusation not tried before return to imprisonment. - 23-24A-26. Dismissal of accusation not tried before return to imprisonment....
Section 23-24A-27 - Return of prisoner to sending state. - 23-24A-27. Return of prisoner to sending state. At the earliest...
Section 23-24A-28 - Mentally ill persons not covered. - 23-24A-28. Mentally ill persons not covered. No provision of this...
Section 23-24A-29 - Habitual offenders law not covered. - 23-24A-29. Habitual offenders law not covered. Nothing in this chapter...
Section 23-24A-30 - Designation of officer in party states to implement agreement. - 23-24A-30. Designation of officer in party states to implement agreement....
Section 23-24A-31 - Attorney general as central administrator or information agent--Rules and regulations subject to administrative procedure law. - 23-24A-31. Attorney general as central administrator or information agent--Rules and...
Section 23-24A-32 - Enforcement and cooperation by state agencies and political subdivisions. - 23-24A-32. Enforcement and cooperation by state agencies and political subdivisions....
Section 23-24A-33 - Agreement in force on enactment into law--Withdrawal by party state. - 23-24A-33. Agreement in force on enactment into law--Withdrawal by party...
Section 23-24A-34 - Liberal construction of agreement--Severability of provisions. - 23-24A-34. Liberal construction of agreement--Severability of provisions. This agreement shall...
Chapter 24B - Extradition Of Fugitive Indians
Section 23-24B-1 - Extradition to tribe of Indian fugitive found within state's jurisdiction. - 23-24B-1. Extradition to tribe of Indian fugitive found within state's...
Section 23-24B-3 - Written request required--Contents--Copy of arrest warrant and judgment--Sworn statement from reservation judicial officer. - 23-24B-3. Written request required--Contents--Copy of arrest warrant and judgment--Sworn statement...
Section 23-24B-3.1 - Extradition or prosecution of state charges against fugitive Indian. - 23-24B-3.1. Extradition or prosecution of state charges against fugitive Indian....
Section 23-24B-3.2 - Submission of documents to circuit judge--Warrant of arrest. - 23-24B-3.2. Submission of documents to circuit judge--Warrant of arrest. The...
Section 23-24B-4 - Proceedings conducted between circuit judge and tribal judge or magistrate. - 23-24B-4. Proceedings conducted between circuit judge and tribal judge or...
Section 23-24B-4.1 - Investigation and report to judge by attorney general. - 23-24B-4.1. Investigation and report to judge by attorney general. The...
Section 23-24B-4.2 - Scope of circuit judge's inquiry. - 23-24B-4.2. Scope of circuit judge's inquiry. The guilt or innocence...
Section 23-24B-5 - Governor's participation not required. - 23-24B-5. Governor's participation not required. The formal requirements of chapter...
Section 23-24B-5.1 - Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor. - 23-24B-5.1. Taking fugitive before magistrate--Advice as to rights--Violation as misdemeanor....
Section 23-24B-6 - Habeas corpus provisions applicable. - 23-24B-6. Habeas corpus provisions applicable. The provisions of §23-24-12 shall...
Section 23-24B-7 - Waiver of extradition--Advice as to rights. - 23-24B-7. Waiver of extradition--Advice as to rights. Formal extradition proceedings...
Section 23-24B-8 - Temporary detention of fugitive being transported--Expense. - 23-24B-8. Temporary detention of fugitive being transported--Expense. The law enforcement...
Chapter 26A - Rendition Of Accused Persons
Section 23-26A-1 - Request by another state for arrest of accused who has violated terms of release--Documents filed with magistrate. - 23-26A-1. Request by another state for arrest of accused who...
Section 23-26A-2 - Warrant for arrest of accused person. - 23-26A-2. Warrant for arrest of accused person. Upon initially determining...
Section 23-26A-3 - Magistrate's direction to prosecuting attorney to investigate. - 23-26A-3. Magistrate's direction to prosecuting attorney to investigate. The committing...
Section 23-26A-4 - Arrested person taken before magistrate--Advice as to rights. - 23-26A-4. Arrested person taken before magistrate--Advice as to rights. The...
Section 23-26A-5 - Waiver of hearing by person arrested. - 23-26A-5. Waiver of hearing by person arrested. The person whose...
Section 23-26A-6 - Release of accused person pending hearing. - 23-26A-6. Release of accused person pending hearing. The committing magistrate...
Section 23-26A-7 - Hearing and order for return to other state--Findings required. - 23-26A-7. Hearing and order for return to other state--Findings required....
Section 23-26A-8 - Uniformity of construction. - 23-26A-8. Uniformity of construction. This chapter shall be so construed...
Section 23-26A-9 - Severability of provisions. - 23-26A-9. Severability of provisions. If any provision of this chapter...
Section 23-26A-10 - Citation of chapter. - 23-26A-10. Citation of chapter. This chapter may be cited as...