South Dakota Codified Laws 41-1-5.6. Statement of liability provisions printed on citations–Acknowledgment noted through specific receipt form–Failure to give required warnings
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A statement generally outlining the civil liability provisions of § 41-1-5.1 shall be printed on the reverse of the citation given by an arresting officer at the time of the arrest to the person violating game and fish statutes. Acknowledgment of receipt of the information concerning civil liability by the defendant is to be noted specifically through a specific receipt form to draw attention to civil penalties.
No person who has been prosecuted for a criminal offense may be held liable for civil damages pursuant to §§ 41-1-5.1 and 41-1-5.2 arising from the same offense or incident if the person has not received the warnings required in this section.
Terms Used In South Dakota Codified Laws 41-1-5.6
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1985, ch 322, § 4; SL 1989, ch 352, § 2; SL 2001, ch 227, § 6.