Attorney General's task force hopes to formulate set of rules for Marsy's Law

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Attorney General Marty Jackley is working with a newly formed task force to implement the voter-approved Marsy's Law as smooth as possible.

The task force debated the various interpretations of the law, hoping to formulate a set of rules that all law enforcement agencies in the state can follow.

Last week, law enforcement agencies to insurance companies began making quick, drastic changes to adapt to the new law, but now it looks like the Attorney General's opinion of the law could take away the need to do that.

The task force consists of law enforcement agencies, members of the media and proponents of the law.

In a conference call Monday, Attorney General Marty Jackley talked about how in his proposed opinion, victims of crimes will have to "opt-in" to use the rights given to them by Marsy's Law.

This means that police logs and crash reports could still be public information unless a victim chose to use their rights to privacy.

Marsy's Law proponent Jason Glodt said he supports the Attorney General's opinion as it has been written so far.

But State's Attorneys around South Dakota are worried that the language explaining the "opt-in" system in South Dakota isn't written the same as it is in other states.

"That you can literally have two sitting State's Attorneys disagree on that language, and I think though they each make legitimate arguments which is why we have gone with the fact that it is ambiguous and when it is ambiguous you have to look to other areas of the law and that's what we have tried to do to reach that," Jackley said.

Jackley said his opinion of the new law will provide an immunity to give law enforcement protection to follow the law as he has interpreted it.

During the call, the task force also set up three sub groups to look into questions still needing to be answered in specific areas.

Those committee legislative, jail and civil practice.

The Attorney General hopes to release his official opinion of the law by sometime Tuesday.