2019 South Dakota Codified Laws
Title 25 - Domestic Relations
Chapter 10 - Protection from Domestic Abuse
§ 25-10-36.1 Arrest of domestic abuse victim for outstanding warrant.
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.
Source: SL 2014, ch 128, § 1; SL 2018, ch 164, § 1.
