23-13 PREVENTION AND INVESTIGATION OF CRIMES
CHAPTER 23-13
PREVENTION AND INVESTIGATION OF CRIMES
23-13-1
Prevention of offenses by officers of justice--Methods.
23-13-2
Prevention of offenses by officers of justice--Assistance by other persons.
23-13-3
Repealed.
23-13-4
Enforcement of gambling laws--Duties of public officers.
23-13-5
Neglect of gambling investigation and enforcement--Investigation and
prosecution by attorney general.
23-13-6
Neglect of gambling investigation and enforcement as petty offense.
23-13-7
Transcription and filing of testimony taken by prosecuting attorney.
23-13-8, 23-13-9.
Repealed.
23-13-10
Report to sheriff of gunshot wounds treated.
23-13-11
Oral report of gunshot wound as soon as possible.
23-13-12
Immunity from liability for report.
23-13-13
Claim of confidential relation privilege prohibited.
23-13-14
Failure to report bullet wound--Misdemeanor.
23-13-15, 23-13-16.
Repealed.
23-13-17
Repealed.
23-13-1 Prevention of offenses by officers of justice--Methods.
23-13-1.
Prevention of offenses by officers of justice--Methods.
Public offenses may be
prevented by the intervention of the officers of justice:
(1)
By requiring security to keep the peace;
(2)
By forming a police in municipalities, and by requiring their attendance in exposed places;
(3)
By suppressing riots.
Source: SDC 1939 & Supp 1960, § 34.0102; SL 1992, ch 60, § 2.
23-13-2 Prevention of offenses by officers of justice--Assistance by other persons.
23-13-2.
Prevention of offenses by officers of justice--Assistance by other persons.
When the
officers of justice are authorized to act in the prevention of public offenses, other persons, who by
their command act in their aid, are justified in so doing.
Source: SDC 1939 & Supp 1960, § 34.0102.
23-13-3
23-13-3.
Repealed by SL 1978, ch 185, § 19
23-13-4 Enforcement of gambling laws--Duties of public officers.
23-13-4.
Enforcement of gambling laws--Duties of public officers.
It shall be the duty of all
sheriffs, police officers, town marshals, constables, and other peace officers and the state's attorneys
in each county and the deputies or assistants of any of them to cooperate in the enforcement of all
the provisions of chapter 22-25.
Source: SDC 1939, § 24.0101.
23-13-5 Neglect of gambling investigation and enforcement--Investigation and prosecution by attorn...
23-13-5.
Neglect of gambling investigation and enforcement--Investigation and prosecution
by attorney general.
The attorney general shall have authority and it shall be his duty whenever any
peace officer or state's attorney of any county has neglected the investigation and enforcement of
chapter 22-25, to make the investigations and complaints and conduct the prosecutions the same as
the state's attorney might do, and for such services there shall be paid into the state treasury by the
county where the offense was committed the sum of fifty dollars for each case so prosecuted and
such sum shall be deducted from the salary of the state's attorney neglecting such duty.
Source: SDC 1939, § 24.0101.
23-13-6 Neglect of gambling investigation and enforcement as petty offense.
23-13-6.
Neglect of gambling investigation and enforcement as petty offense.
Any public
official referred to in §§ 23-13-4 and 23-13-5 who has knowledge sufficient to put an ordinary
person on inquiry as to existence of any forms of gambling nuisance prohibited by this code and who
fails thereafter diligently to secure and prepare the available evidence and to prosecute the violations
found to exist, commits a petty offense.
Source: SDC 1939, § 24.9901; SL 1979, ch 150, § 29.
23-13-7 Transcription and filing of testimony taken by prosecuting attorney.
23-13-7.
Transcription and filing of testimony taken by prosecuting attorney.
A prosecuting
attorney may, whenever necessary in his investigations, have the testimony taken by him written out
in questions and answers and filed with the papers in the case.
Source: SDC 1939 & Supp 1960, § 34.1505; SL 1978, ch 169, § 3.
23-13-8
23-13-8, 23-13-9.
Repealed by SL 1978, ch 171, §§ 10, 12
23-13-10 Report to sheriff of gunshot wounds treated.
23-13-10.
Report to sheriff of gunshot wounds treated.
Any person treating any bullet wound,
gunshot wound, powder burn, or any other injury arising from or caused by the discharge of any
firearm, shall report such treatment to the sheriff of the county in which the wound is treated.
Source: SL 1967, ch 111, § 1; SL 1978, ch 169, § 4.
23-13-11 Oral report of gunshot wound as soon as possible.
23-13-11.
Oral report of gunshot wound as soon as possible.
The report shall be made orally
as soon as possible by any available means, to the sheriff of the county in which the wound is
examined, dressed, or otherwise treated.
Source: SL 1967, ch 111, § 2; SL 1978, ch 169, § 5.
23-13-12 Immunity from liability for report.
23-13-12.
Immunity from liability for report.
Any person making a report pursuant to §§ 23-13-10 and 23-13-11 shall have immunity from any liability, civil or criminal, that might otherwise
be incurred or imposed, and shall have the same immunity when participating in any judicial
proceeding resulting from such report.
Source: SL 1967, ch 111, § 3; SL 1978, ch 169, § 6.
23-13-13 Claim of confidential relation privilege prohibited.
23-13-13.
Claim of confidential relation privilege prohibited.
Any confidential relation
privilege set forth in §§ 19-13-7 and 19-13-13 may not be claimed in any judicial proceeding relating
to a report concerning an injury from a firearm made pursuant to §§ 23-13-10 and 23-13-11.
Source: SL 1967, ch 111, § 4; SL 1978, ch 169, § 7.
23-13-14 Failure to report bullet wound--Misdemeanor.
23-13-14.
Failure to report bullet wound--Misdemeanor.
Any person described in § 23-13-10
who knowingly fails to make the reports required by §§ 23-13-10 and 23-13-11 is guilty of a Class
1 misdemeanor.
Source: SL 1967, ch 111, § 5; SL 1978, ch 169, § 8.
23-13-15
23-13-15, 23-13-16.
Repealed by SL 1978, ch 164, §§ 1, 3
23-13-17
23-13-17.
Repealed by SL 1979, ch 149, § 4
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