Section 23A-3-35 – Eligibility of person placed in diversion program for expungement of record.
23A-3-35. Eligibility of person placed in diversion program for expungement of record. If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if: (1)The person has successfully completed all the terms of the diversion program; and (2)The person has […]
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.
Section 23A-3-37 – Expungement of record on filing of dismissal and notice.
23A-3-37. Expungement of record on filing of dismissal and notice. Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court. Source: SL 2018, ch 143, §3.
Section 23A-3-12 – Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful.
23A-3-12. Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful. If an arrest is made in this state by an officer of another state in accordance with the provisions of §23A-3-9 or 23A-3-10, the officer shall without unnecessary delay take the person arrested before a magistrate of […]
Section 23A-3-13 – District of Columbia treated as state.
23A-3-13. District of Columbia treated as state. For the purposes of §§23A-3-9 to 23A-3-15, inclusive, the word “state” shall include the District of Columbia. Source: SL 1939, ch 139, §4; SDC Supp 1960, §34.16B04; SDCL, §23-23-3; SL 1978, ch 178, §26.
Section 23A-3-14 – Definition of fresh pursuit for interstate felony arrest.
23A-3-14. Definition of fresh pursuit for interstate felony arrest. The term “fresh pursuit” as used in §§23A-3-10 to 23A-3-14, inclusive, shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also […]
Section 23A-3-15 – Citation of provisions on interstate pursuit.
23A-3-15. Citation of provisions on interstate pursuit. Sections 23A-3-10 to 23A-3-14, inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit. Source: SL 1978, ch 178, §29.
Section 23A-3-16 – Arrest for misdemeanor on intrastate fresh pursuit.
23A-3-16. Arrest for misdemeanor on intrastate fresh pursuit. Any law enforcement officer of this state in fresh pursuit of a person who has committed a misdemeanor in the presence of the law enforcement officer shall have authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful […]
Section 23A-3-17 – Arrest for felony on intrastate fresh pursuit.
23A-3-17. Arrest for felony on intrastate fresh pursuit. Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the authority to arrest and hold in custody such person anywhere in this state. This section shall not […]
Section 23A-3-18 – Disposition of prisoner taken on intrastate fresh pursuit.
23A-3-18. Disposition of prisoner taken on intrastate fresh pursuit. If an arrest under §23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate […]