41-15-11. Summons issued to person arrested for misdemeanor--Release from custody on promise to appear--Bond required of nonresident.If any resident is arrested for a violation of any provision of this title, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of any provision of this title may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor. Source: SDC 1939, §25.0114 as added by SL 1963, ch 134; SL 1964, ch 76; SL 1982, ch 294; SL 1999, ch 214, §1; SL 2005, ch 227, §1.
South Dakota Legal Code