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 shall function through a director. The attorney general shall, by virtue of his office, be the director. The director shall have a seal of office in such form as he shall prescribe. The attorney general shall not receive a salary as such director. Source: SL […]
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 department appropriation. The attorney general shall assign for the work of the bureau such deputies and clerical assistants in his department as he may from time to time find necessary. The compensation of the clerical assistants assigned to the bureau and all other expenses of […]
Section 23-6-4 – Statistical information–Compilation by director–Misdemeanor.
23-6-4. Statistical information–Compilation by director–Misdemeanor. The director shall collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey of the number and character of crimes committed in the state, the extent and character of delinquency, the operations of the police, prosecuting attorneys, courts and other public agencies of […]
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 shall also gather such information concerning particular criminal offenders as in his judgment may be helpful to other public officials or agencies dealing with them. A violation of this section is a Class 2 misdemeanor. Source: SL 1939, ch 138, §§3, 15; SDC Supp 1960, […]
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 shall promulgate classifications and shall prepare forms for the statistical classification of crimes, of offenders, of their punishment and treatment and of all other pertinent information, to conform, as far as practicable, with those promulgated by the appropriate agency in the United States Department of […]
Section 23-5B-12 – Denial of relief upon inconclusive test results.
23-5B-12. Denial of relief upon inconclusive test results. If DNA test results obtained pursuant to this chapter are inconclusive, the circuit court shall deny the petitioner relief. Source: SL 2009, ch 120, §12.
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. If DNA test results obtained pursuant to this chapter show that the petitioner was the source of the DNA evidence, the court shall: (1)Deny the petitioner relief; and (2)On motion of the state: (a)Assess the petitioner the cost of any DNA testing carried out pursuant […]
Section 23-5B-14 – Sentencing in prosecution for false assertions.
23-5B-14. Sentencing in prosecution for false assertions. In any prosecution of the petitioner pursuant to this chapter for false assertions or other conduct in proceedings pursuant to this chapter, the court, upon conviction of the petitioner, shall sentence the petitioner to a sentence that runs consecutively to any other term of imprisonment the petitioner is […]
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 source of DNA evidence. If DNA test results obtained pursuant to this chapter exclude the petitioner as the source of the DNA evidence, the petitioner may file a motion for a new trial. The court shall establish a reasonable schedule for the petitioner to file […]
Section 23-5B-16 – Grounds for new trial.
23-5B-16. Grounds for new trial. The court shall grant the motion of the petitioner for a new trial if the DNA test results, when considered with all other evidence in the case, establish by compelling evidence that a new trial would result in the acquittal of the felony offense, as referenced in §23-5B-1, for which […]