CHAPTER 134

(HB 1073)

Warrantless arrest circumstances revised.


         ENTITLED, An Act to  revise the circumstances under which certain arrests may be effected without warrant.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 23A-3-2.1 be amended to read as follows:

     23A-3-2.1.   Unless the provisions of § 22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a any person, without a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe that:

             (1)      An order has been issued under chapter 25-10 protecting the victim and the terms of the order prohibiting acts or threats of abuse or excluding the person from a residence have been violated; or

             (2)      An order has been issued under chapter 22-19A protecting the victim and the terms of the order prohibiting acts of stalking or physical injury have been violated; or

             (3)     The person is eighteen years or older and within the preceding twenty-four forty-eight hours has assaulted:

             (a)      That person's spouse;

             (b)      That person's former spouse;

             (c)      The mother or father of that person's child; or

             (d)      Any person eighteen years of age or older with whom that person resides or has formerly resided;

and the officer believes:

             (a)      An aggravated assault has occurred;

             (b)      An assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or

             (c)      An attempt by physical menace has been made to put another in fear of imminent serious bodily harm.

     Signed February 7, 2006
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