S.D. Codified Laws § 23-3-72

Current through the 2024 Legislative Session

Section 23-3-72 - Affidavit alleging fraud, bribery, or gifts violation by public official-Investigation-Referral to state's attorney or attorney general

Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:

(1) Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to § 22-30A-10;

(2) Bribery in public office pursuant to § 2-12-9, 22-12A-7, or 22-12A-11; or

(3) An intentional violation of any limit on gifts to public officials under chapter 2-12.

The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail.

SDCL 23-3-72

SL 2017, ch 73, §3.

Added by S.L. 2017, ch. 73,s. 3, eff. 7/1/2017.