reglab/housing_qa huggingface dataset:
SD Codified L § 23A-43-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-15 - Appeal to Supreme Court for amendment of conditions of release--Disposition by court.

23A-43-15. Appeal to Supreme Court for amendment of conditions of release--Disposition by court.In any case in which a defendant is detained after a court denies a motion under §23A-43-14 to amend an order imposing conditions of release, or after conditions of release have been imposed or amended by a judge of the court having original jurisdiction over the offense charged, an appeal may be taken to the Supreme Court. Any order so appealed shall be affirmed if it is supported by the proceedings below. If the order is not so supported, the Supreme Court may remand the case for a further hearing, or may, with or without additional evidence, order the defendant released pursuant to §§23A-43-2 and 23A-43-3. Source: SL 1978, ch 178, §516.
SD Codified L § 23A-43-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-16 - Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.

23A-43-16. Release pending judgment or appeal--Criteria considered--Right to judicial review of conditions.On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment, pending the expiration of time for filing notice of appeal, and pending the outcome of the appeal. The court in determining the eligibility of the defendant for release shall consider the criteria as set forth in §23A-43-4, the risk that the defendant will flee or pose a danger to any person or to the community, and in the case of an appeal, whether the appeal is frivolous or taken for purposes of delay. If the court in its discretion determines that the defendant is eligible for release, the court shall release the defendant in accordance with §§23A-43-2 and 23A-43-3. If, however, the judgment imposes only a fine, conditional release under this section is a matter of right. The provisions of §§23A-43-14 and 23A-43-15 do not apply to persons described in this section; however, other rights to judicial review of conditions of release or orders of detention are not affected. Source: SDC 1939 & Supp 1960, §34.1803; SDCL, §23-26-4; SL 1978, ch 178, §517; SL 1985, ch 200, §2.
SD Codified L § 23A-43-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-17 - (Rule 46(c)) Burden of proof as to risk of flight or danger.

23A-43-17.(Rule 46(c)) Burden of proof as to risk of flight or danger.On a motion pursuant to §23A-43-16, the burden of establishing that a defendant will not flee or pose a danger to any other person or to the community rests with the defendant. Source: SL 1978, ch 178, §518; SL 1985, ch 200, §3.
SD Codified L § 23A-43-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-18 - Conditions of release imposed on material witness--Release after deposition taken.

23A-43-18. Conditions of release imposed on material witness--Release after deposition taken.If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and if it is shown that it may become impracticable to secure his presence by subpoena, a committing magistrate or court shall impose conditions of release upon him pursuant to §§23A-43-2 and 23A-43-3. No material witness shall be detained because of his inability to comply with any condition of release if his testimony can adequately be secured by deposition, and further detention is not necessary to prevent a failure of justice, but his release may be delayed for a reasonable period of time until his deposition can be taken pursuant to chapter 23A-12. Source: SDC 1939 & Supp 1960, §34.1410; SDCL, §§23-27-22, 23-27-23; SL 1978, ch 178, §519.
SD Codified L § 23A-43-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-19 - Order for commitment or better security from person about to abscond--Order of arrest.

23A-43-19. Order for commitment or better security from person about to abscond--Order of arrest.When proof is made to any committing magistrate that a person previously released on the execution of an appearance bail bond with one or more sureties is about to abscond, and that his bail is insufficient, the committing magistrate shall require such person to give better security or, for default thereof, cause him to be committed. An order for his arrest may be endorsed on the former commitment, or a new warrant therefor may be issued, by such committing magistrate, setting forth the cause thereof. Source: SDC 1939 & Supp 1960, §34.1807; SDCL, §23-26-8; SL 1978, ch 178, §520.
SD Codified L § 23A-43-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-20 - (Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.

23A-43-20.(Rule 46(d)) Justification by sureties--Findings as to financial responsibility--Attorney not to be surety.Every surety, except a corporate surety authorized by chapter 58-21, shall justify by affidavit and may be required to describe in the affidavit the property by which he proposes to justify and the encumbrances on it, the number and amount of other bonds and undertakings for bail entered into by him and remaining undischarged and all his other liabilities. No bond shall be approved unless the surety or sureties, in the opinion of the judge, or magistrate authorized to admit to bail, are financially responsible in at least the amount of the bond. No practicing attorney shall be a surety on any bond. Source: CCrimP 1877, §555; CL 1887, §7607; RCCrimP 1903, §588; RC 1919, §4598; SDC 1939 & Supp 1960, §34.1805; SDCL, §23-26-6; SL 1978, ch 178, §521.
SD Codified L § 23A-43-21 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-21 - (Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.

23A-43-21.(Rule 46(e)(1)) Forfeiture of bond and revocation of release on breach of condition--Warrant for arrest.Upon a showing that there has been a material breach of a condition of release without good cause, the court shall declare a forfeiture of the bond, if any, and shall enter an order revoking the conditions of release. If the defendant is not in custody, the court shall direct the clerk to issue a warrant for the defendant's arrest. The defendant shall remain in custody until discharged by due course of law. Source: SDC 1939 & Supp 1960, §34.1809; SDCL, §23-26-11; SL 1978, ch 178, §522; SL 1979, ch 159, §41.
SD Codified L § 23A-43-22 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-22 - (Rule 46(e)(2)) Setting aside forfeiture of bail.

23A-43-22.(Rule 46(e)(2)) Setting aside forfeiture of bail.A court may direct that a forfeiture be set aside, upon such conditions as it may impose, if it appears that justice does not require enforcement of the forfeiture. Source: CCrimP 1877, §559; CL 1887, §7611; RCCrimP 1903, §592; RC 1919, §4602; SDC 1939 & Supp 1960, §34.1809; SDCL, §23-26-12; SL 1978, ch 178, §523.
SD Codified L § 23A-43-23 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-23 - (Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.

23A-43-23.(Rule 46(e)(3)) Default judgment on forfeiture--Enforcement of liability on motion--Notice of motion.When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the clerk of the court of the county as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors at their last known addresses. Source: SL 1978, ch 178, §524.
SD Codified L § 23A-43-24 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-24 - (Rule 46(e)(4)) Remission of bond after entry of judgment.

23A-43-24.(Rule 46(e)(4)) Remission of bond after entry of judgment.After entry of such judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture. Source: SL 1978, ch 178, §526.
SD Codified L § 23A-43-25 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-25 - Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.

23A-43-25. Proceeding against bail after forfeiture of undertaking--Payment into county treasury of money deposit forfeited--Bonds for traffic or other misdemeanor violations excluded.After the forfeiture of recognizance, bond or undertaking of bail, including an appearance bond, the prosecuting attorney shall proceed, with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail, including an appearance bond, is forfeited, the clerk of the court or other officer with whom it is deposited, shall monthly pay the money deposited to the county treasurer who shall deposit it in the county treasury. This section is not to be construed to include bonds assessed for violations of traffic or other misdemeanor violations included on an approved fine and bond schedule adopted by a circuit court for use by lay magistrates and law enforcement officials for purposes of levying a fine and costs to permit a violator to submit a power of attorney in lieu of a court appearance. Bonds which have been submitted in payment of such violations, accompanied by either a signed or unsigned power of attorney, shall be deposited in accordance with state laws governing the deposit of such fines, liquidated court costs and surcharges. Source: SDC 1939 & Supp 1960, §34.1809; SDCL, §23-26-13; SL 1974, ch 158, §5; SL 1978, ch 173, §1; SL 1978, ch 178, §525; SL 1979, ch 159, §42; SL 1982, ch 170, §6; SL 1996, ch 157.
SD Codified L § 23A-43-25.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-25.1 - Reinstated bond or undertaking paid to officer with whom originally deposited.

23A-43-25.1. Reinstated bond or undertaking paid to officer with whom originally deposited.Upon order of the court for the reinstatement of bond or undertaking of bail, previously forfeited, the county treasurer shall pay to the clerk of court or other officer with whom it was originally deposited such bond or undertaking of bail. Source: SL 1978, ch 173, §2; SDCL Supp, §23-26-13.1; SL 1979, ch 159, §43.
SD Codified L § 23A-43-26 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-26 - (Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.

23A-43-26.(Rule 46(f)) Exoneration of obligors and release of bail--Cash deposit or surrender of defendant exonerating.When the condition of a bond has been satisfied or the forfeiture of a bond has been set aside or remitted, a court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody. Source: SL 1978, ch 178, §527.
SD Codified L § 23A-43-27 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-27 - Exoneration of bail on commitment under sentence.

23A-43-27. Exoneration of bail on commitment under sentence.When a defendant is committed pursuant to §23A-26-12, the court shall exonerate his bail pursuant to §23A-43-24. Source: CCrimP 1877, §410; CL 1887, §7437; RCCrimP 1903, §417; RC 1919, §4934; SDC 1939 & Supp 1960, §34.3676; SDCL, §23-48-2; SL 1978, ch 178, §528.
SD Codified L § 23A-43-28 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-28 - Exoneration of bail on commitment as mentally ill.

23A-43-28. Exoneration of bail on commitment as mentally ill.If a defendant is committed as mentally ill, the court shall exonerate his bail pursuant to §23A-43-24. Source: SDC 1939 & Supp 1960, §34.2004; SDCL, §23-38-7; SL 1978, ch 175, §9; SL 1978, ch 178, §529.
SD Codified L § 23A-43-29 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-29 - Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.

23A-43-29. Arrest of defendant by surety on violation of conditions--Recommitment and discharge of surety.Any defendant who is released on the execution of an appearance bail bond with one or more sureties may, if he violates the conditions of his release, in vacation, be arrested by his surety, delivered to a law enforcement officer, and brought before any committing magistrate. At the request of such surety, the committing magistrate shall recommit the defendant to the custody of the law enforcement officer, and endorse on the recognizance, or certified copy thereof, the discharge and exoneretur of the surety. The person so committed shall be held in custody until discharged by due course of law. Source: SDC 1939 & Supp 1960, §34.1808; SDCL, §§23-26-9, 23-26-10; SL 1978, ch 178, §530.
SD Codified L § 23A-43-30 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-30 - (Rule 46(g)) Court supervision to eliminate unnecessary detention.

23A-43-30.(Rule 46(g)) Court supervision to eliminate unnecessary detention.A court shall exercise supervision over the detention of defendants and witnesses pending trial for the purpose of eliminating all unnecessary detention. Source: SL 1978, ch 178, §531.
SD Codified L § 23A-43-31 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-31 - Failure to appear after release as forfeiture of security--Felony or misdemeanor.

23A-43-31. Failure to appear after release as forfeiture of security--Felony or misdemeanor.Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of §25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall:(1)If such person was released in connection with a charge of a felony, an alleged felony violation of §32-23-1, or fails to report for a jail or penitentiary sentence for any offense, be guilty of a Class 6 felony;(2)If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or(3)If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor. Source: SL 1976, ch 158, §43-2; SDCL Supp, §§23-26-14 to 23-26-16; SL 1978, ch 178, §533; SL 1994, ch 182; SL 1998, ch 153, §1; SL 2006, ch 130, §7.
SD Codified L § 23A-43-32 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 43 - Bail|Section 23A-43-32 - Contempt powers of courts unimpaired.

23A-43-32. Contempt powers of courts unimpaired.Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt. Source: SL 1978, ch 178, §532.
SD Codified L § 23A-44-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-1 - (Rule 47) Application for order to be by motion--When writing required--Contents--Supporting affidavit.

23A-44-1.(Rule 47) Application for order to be by motion--When writing required--Contents--Supporting affidavit.An application to a court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by an affidavit. Source: SL 1978, ch 178, §534.
SD Codified L § 23A-44-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-2 - (Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.

23A-44-2.(Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant. Source: SDC 1939 & Supp 1960, §34.2204; SDCL, §23-34-7; SL 1978, ch 178, §535.
SD Codified L § 23A-44-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-3 - Dismissal of charges for unnecessary delay in prosecution.

23A-44-3. Dismissal of charges for unnecessary delay in prosecution.If there is unnecessary delay in presenting a charge to a grand jury or in filing an information against a defendant who has been held to answer to a circuit court, or if there is unnecessary delay in bringing a defendant to trial, a court may dismiss his indictment, information or complaint. Source: SDC 1939 & Supp 1960, §§34.2201, 34.2202; SDCL, §§23-34-1, 23-34-2; SL 1978, ch 178, §536.
SD Codified L § 23A-44-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-4 - Discharge of defendant and release of bail on dismissal of charges.

23A-44-4. Discharge of defendant and release of bail on dismissal of charges.If a court directs an action to be dismissed, the defendant must, if in custody, be discharged, or if admitted to bail, his bail must be exonerated or money deposited instead of bail must be refunded to him. Source: SDC 1939 & Supp 1960, §34.2203; SDCL, §23-34-5; SL 1978, ch 178, §537.
SD Codified L § 23A-44-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-5 - Subsequent prosecution not barred by dismissal.

23A-44-5. Subsequent prosecution not barred by dismissal.A dismissal under §23A-44-2, 23A-44-3, or 23A-44-4 is not a bar to another prosecution for the same offense. Source: SDC 1939 & Supp 1960, §34.2203; SDCL, §23-34-6; SL 1978, ch 178, §538.
SD Codified L § 23A-44-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-6 - Trial in one county as bar to prosecution in another.

23A-44-6. Trial in one county as bar to prosecution in another.When an offense is in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution thereof in another. Source: SDC 1939 & Supp 1960, §34.0813; SDCL, §23-2-13; SL 1978, ch 178, §539.
SD Codified L § 23A-44-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-7 - Service on parties of motions, notices, and similar papers.

23A-44-7. Service on parties of motions, notices, and similar papers.Written motions, other than those which are heard ex parte, written notices and similar papers shall be served upon each of the parties. Source: SL 1978, ch 178, §540.
SD Codified L § 23A-44-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-8 - (Rule 49(b)) Service on attorney for party--Service as in civil proceedings.

23A-44-8.(Rule 49(b)) Service on attorney for party--Service as in civil proceedings.Whenever under this title or by a court order, service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon an attorney or upon a party shall be made in the manner provided in §15-6-5(b). Source: SL 1978, ch 178, §541.
SD Codified L § 23A-44-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-10 - (Rule 49(d)) Filing with court of papers to be served--Filing as in civil proceedings.

23A-44-10.(Rule 49(d)) Filing with court of papers to be served--Filing as in civil proceedings.Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in §15-6-5(d). Source: SL 1978, ch 178, §543.
SD Codified L § 23A-44-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-11 - (Rule 50(a)) Placement on calendars--Preference to criminal proceedings.

23A-44-11.(Rule 50(a)) Placement on calendars--Preference to criminal proceedings.Each court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. Source: SL 1978, ch 178, §544.
SD Codified L § 23A-44-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-13 - (Rule 51) Exceptions not required to preserve objection--Objection not required when no opportunity.

23A-44-13.(Rule 51) Exceptions not required to preserve objection--Objection not required when no opportunity.Exceptions to rulings or orders of a court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and the grounds therefor, but if a party has no opportunity to object to a ruling or order the absence of an objection does not thereafter prejudice him. Source: Supreme Court Rule 414, 1939; SDC 1939 & Supp 1960, §34.3902; SDCL, §23-46-2; SL 1978, ch 178, §546.
SD Codified L § 23A-44-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-14 - (Rule 52(a)) Defects not affecting substantial rights disregarded.

23A-44-14.(Rule 52(a)) Defects not affecting substantial rights disregarded.Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. Source: SDC 1939 & Supp 1960, §§34.2902, 34.3002; SDCL, §§23-1-2, 23-32-20; SL 1978, ch 178, §547.
SD Codified L § 23A-44-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-15 - (Rule 52(b)) Plain error noticed though not brought to court's attention.

23A-44-15.(Rule 52(b)) Plain error noticed though not brought to court's attention.Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of a court. Source: SL 1978, ch 178, §548.
SD Codified L § 23A-44-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 44 - Miscellaneous Administrative Provisions|Section 23A-44-17 - Content of record.

23A-44-17. Content of record.The record of any hearing, court trial or jury trial shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions. Source: SL 2010, ch 255 (Supreme Court Rule 10-02), eff. Feb. 26, 2010.