§ 23A-28B-1 Definitions
§ 23A-28B-2 Rights of resident victim of out-of-state crime
§ 23A-28B-3 Crime Victims’ Compensation Commission–Apportionment of members
§ 23A-28B-4 Duties of commission
§ 23A-28B-5 Membership of commission–Terms of office–Vacancies
§ 23A-28B-6 Administration of commission
§ 23A-28B-7 Commission meetings–Quorum
§ 23A-28B-8 Compensation and expenses for commission members
§ 23A-28B-9 Preponderance of evidence required for receipt of compensation
§ 23A-28B-10 No right to compensation–Availability of funds
§ 23A-28B-11 Application for compensation
§ 23A-28B-12 Furnishing application forms
§ 23A-28B-13 Documentation required with application–Notice of rejection
§ 23A-28B-14 Amended application–Additional material
§ 23A-28B-15 Application for compensation on behalf of minor or incompetent
§ 23A-28B-16 State and local agencies to provide information to Department of Social Services
§ 23A-28B-17 Subpoenas authorized for investigation of eligibility
§ 23A-28B-18 Circumstances permitting compensation
§ 23A-28B-19 Compensation for economic losses due to personal injury or death
§ 23A-28B-20 Calculating compensation–Standard
§ 23A-28B-21 Limit of compensation
§ 23A-28B-22 Compensation reduced by amount of collateral payment
§ 23A-28B-23 Conviction of person for criminal conduct not required for award of compensation
§ 23A-28B-24 Payment of compensation–Lump sum–Exception for protracted disability–Award not subject to process
§ 23A-28B-25 Circumstances not permitting award of compensation
§ 23A-28B-26 Relative or household member of offender eligible for compensation
§ 23A-28B-27 Emergency award of compensation–Amount–Excess amount repaid
§ 23A-28B-28 Department recommendation or order upon review and investigation of application–Notice
§ 23A-28B-30 Fees and mileage allowance for witness in compensation hearing
§ 23A-28B-31 Order entered on all claims submitted under chapter–Content
§ 23A-28B-32 Request for review of department order–Hearing
§ 23A-28B-32.1 Department permitted to amend commission order
§ 23A-28B-33 Promulgation of rules for administration of chapter
§ 23A-28B-34 Department subrogated to claimant’s cause of action–Action against party liable for claimant’s injury
§ 23A-28B-35 Fraudulent claim prohibited–Violation as misdemeanor or felony
§ 23A-28B-36 Confidentiality of records and reports
§ 23A-28B-37 Application hearing open to public–Exceptions
§ 23A-28B-38 Privileged communications
§ 23A-28B-39 Assistant attorney general to advise department and commission–Litigation assistance
§ 23A-28B-40 Crime victims’ compensation fund–Establishment–Purposes
§ 23A-28B-40.1 Emergency expenses–Requests for reimbursement
§ 23A-28B-41 Payments from fund–Warrants–Vouchers
§ 23A-28B-42 Compensation surcharge for certain crimes–Waiver
§ 23A-28B-43 Collection of compensation surcharge–Disbursement
§ 23A-28B-44 No awards before July 1, 1992

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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 28B - Crime Victims' Compensation Program

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dependent: A person dependent for support upon another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Subpoena: A command to a witness to appear and give testimony.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2
  • Verdict: The decision of a petit jury or a judge.