South Dakota statute
SDCL § 25-10-36.1 — Arrest of domestic abuse victim for outstanding warrant
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 10: Protection From Domestic Abuse, South Dakota Codified Laws.
Full text of SDCL § 25-10-36.1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.