Statutes | S.D. Codified Laws ยง 25-10-36.1 | 2025
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
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&rsquos employees.