South Dakota § 25-10-36.1 Arrest of domestic abuse victim for outstanding warrant.

South Dakota Statutes

§ 25-10-36.1 — Arrest of domestic abuse victim for outstanding warrant.

South Dakota § 25-10-36.1

Title 25DOMESTIC RELATIONS

Ch. 25-9CPROTECTION FROM DOMESTIC ABUSE

This text of South Dakota § 25-10-36.1 (Arrest of domestic abuse victim for outstanding warrant.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 25-10-36.1 (2026).

Text

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.

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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.