S.D. Codified Laws § 25-10-36.1

Current through the 2024 Legislative Session

Section 25-10-36.1 - Arrest of domestic abuse victim for outstanding warrant

No law enforcement officer who is called to the scene of a domestic abuse complaint is required to arrest any victim of domestic abuse for an outstanding warrant if:

(1) The victim is not otherwise liable to arrest for any action arising out of the present incidence of domestic abuse; and

(2) The outstanding warrant is for a nonviolent misdemeanor offense.

The victim is subject to arrest on an outstanding warrant after seventy-two hours have passed since the incidence of the domestic abuse call under this section.

The decision of an officer to arrest or not to arrest a victim on an outstanding warrant under this section may not constitute a cause of action against the officer, the law enforcement agency, the employing entity, or any of the employing entity's employees.

SDCL 25-10-36.1

SL 2014, ch 128, §1; SL 2018, ch 164, §1.

Amended by S.L. 2018, ch. 164,s. 1, eff. 7/1/2018.

Added by S.L. 2014, ch. 128,s. 1, eff. 7/1/2014.