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

SD Codified L § 23-3-72 (2019) (N/A)

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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.

Source: SL 2017, ch 73, § 3.

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