Terms used in this chapter, unless the context plainly otherwise requires, mean:

(1) “Action,” includes nonaction or the failure to take action.

Terms Used In South Dakota Codified Laws 34-32A-1

  • Action: includes nonaction or the failure to take action. See South Dakota Codified Laws 34-32A-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2) “Authorized agency or authorized agencies,” the Department of Public Safety, the attorney general, the state’s attorney in the county where the fire occurred, and, solely for the purposes of § 34-32A-3, the federal bureau of investigation or any other federal agency and United States attorney’s office when authorized or charged with investigation or prosecution of the fire in question;

(3) “Deemed important,” material within the sole discretion of the authorized agency which is requested by that authorized agency; and

(4) “Relevant,” information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.

Source: SL 1979, ch 240, § 1; SL 2003, ch 272, §§ 20, 121.