reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-3 - Preliminary hearing required for filing felony information--Exceptions.

23A-6-3. Preliminary hearing required for filing felony information--Exceptions.
An information may be filed without a preliminary hearing against a fugitive from justice. No other information may be filed against any person for any felony until that person has had a preliminary hearing, unless that person waived his or her right to a preliminary hearing. All informations shall be filed with the court having jurisdiction of the offense by the prosecuting attorney prior to arraignment.
Source:
SDC 1939 & Supp 1960, §34.1503; SDCL §§23-20-2, 23-20-3; SL 1978, ch 178, §63; SL 2014, ch 114, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-4 - (Rule 7(c)(1)) Allegations contained in indictment or information--Incorporation by reference--Citation of law--Error in citation.

23A-6-4.(Rule 7(c)(1)) Allegations contained in indictment or information--Incorporation by reference--Citation of law--Error in citation.
The indictment or the information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. The information must be signed by the prosecuting attorney to be valid. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement.
Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown, but, if it is alleged that he committed it by more than one specified means, each means shall be stated in a separate count.
The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation, or other provision of law which the defendant is alleged to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.
Source:
Supreme Court Rule 365, 1939; SDC 1939 & Supp 1960, §34.3008; SDCL, §23-32-5; SL 1978, ch 178, §64.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-6 - Additional allegations not required against accessory before fact.

23A-6-6. Additional allegations not required against accessory before fact.
No additional facts need be alleged in an indictment or information against an accessory before the fact than are required in an indictment against his principal.
Source:
SDC 1939 & Supp 1960, §34.0504; SDCL, §23-10-4; SL 1978, ch 178, §66.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-7 - Contents required for sufficiency of indictment or information.

23A-6-7. Contents required for sufficiency of indictment or information.
An indictment or information is sufficient if it can be understood therefrom:
(1)That it is entitled in a court having authority to receive it, although the name of the court is not stated;
(2)That the indictment was found by a grand jury of the county in which the public offense was committed;
(3)That the defendant is named or, if his name is unknown, that he is described by a fictitious name with a statement that his true name is unknown to the grand jury or prosecuting attorney;
(4)That the offense charged was committed within the jurisdiction of the county; and
(5)That the offense charged is designated in such a manner as to enable a person of common understanding to know what is intended.
Source:
CCrimP 1877, §222; CL 1887, §7249; RCCrimP 1903, §229; SL 1913, ch 242; RC 1919, §4725; Supreme Court Rule 367, 1939; SDC 1939 & Supp 1960, §34.3010; SDCL, §23-32-12; SL 1978, ch 178, §67.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-8 - Presumptions need not be stated--Judicial notice.

23A-6-8. Presumptions need not be stated--Judicial notice.
Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an indictment or information.
Source:
SDC 1939 & Supp 1960, §34.3004; SDCL, §23-32-21; SL 1978, ch 178, §72.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-9 - Precise time of offense need not be stated.

23A-6-9. Precise time of offense need not be stated.
The precise time at which an offense was committed need not be stated in an indictment or information, but it may be alleged to have been committed at any time before the filing thereof, except when the time is a material element of the offense.
Source:
Supreme Court Rule 368, 1939; SDC 1939 & Supp 1960, §34.3011; SDCL, §23-32-17; SL 1978, ch 178, §71.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-10 - Endorsement of witnesses on information--Calling other witnesses.

23A-6-10. Endorsement of witnesses on information--Calling other witnesses.
The prosecuting attorney shall endorse upon each information the names of the witnesses known to him at the time of its filing. Any further endorsement of names upon the information shall be done only with permission of the court. This section shall not preclude calling any witnesses whose names or the materiality of whose testimony is first learned by the prosecuting attorney during the trial. This section does not require the endorsement of names of witnesses which are to be used only in rebuttal.
Source:
SL 1978, ch 178, §64.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-11 - Allegation as to money or securities stolen.

23A-6-11. Allegation as to money or securities stolen.
In an indictment or information for the theft of money, bank notes, certificates of stock, or securities, or for a conspiracy to commit the theft of any such property, it is sufficient to allege the theft, or the conspiracy to commit theft, to be of money, bank notes, certificates of stock, or securities, without specifying the coin, number, denomination, or kind thereof.
Source:
Supreme Court Rule 374, 1939; SDC 1939 & Supp 1960, §34.3017; SDCL, §23-32-15; SL 1978, ch 178, §68.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-12 - Description of money taken by robbery or theft.

23A-6-12. Description of money taken by robbery or theft.
In a prosecution for robbery or theft of money, it is sufficient to allege generally in the indictment or information a robbery or theft of money, and it is sufficient to maintain the charge in the indictment or information that money was obtained by robbery or theft without regard to a particular description of the money stolen or obtained.
Source:
Supreme Court Rule 373, 1939; SDC 1939 & Supp 1960, §34.3016; SDCL, §23-32-16; SL 1978, ch 178, §69.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-13 - Allegations in indictment or information for perjury.

23A-6-13. Allegations in indictment or information for perjury.
In an indictment or information for perjury or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in which the offense was committed, the court or person before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
Source:
CCrimP 1877, §229; CL 1887, §7256; RCCrimP 1903, §236; RC 1919, §4732; Supreme Court Rule 376, 1939; SDC 1939 & Supp 1960, §34.3019; SDCL, §23-32-25; SL 1978, ch 178, §70.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-14 - (Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect.

23A-6-14.(Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect.
No indictment or information is insufficient, nor can the trial, judgment, or other proceeding thereon be affected, by reason of a defect or imperfection in its form, which does not prejudice the substantial rights of the defendant.
Source:
SDC 1939 & Supp 1960, §34.3002; SDCL, §23-32-20; SL 1978, ch 178, §73.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-15 - Erroneous allegation as to victim of offense.

23A-6-15. Erroneous allegation as to victim of offense.
When an offense involves the commission of, or an attempt to commit, a theft or other private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured or intended to be injured, or the ownership of the property taken, is not material.
Source:
Supreme Court Rule 370, 1939; SDC 1939 & Supp 1960, §34.3013; SDCL, §23-32-14; SL 1978, ch 178, §74.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-16 - Unavailability of instrument on indictment or information for forgery.

23A-6-16. Unavailability of instrument on indictment or information for forgery.
When an instrument, which is the subject of an indictment or information for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information and established during the trial, any misdescription of the instrument is immaterial.
Source:
Supreme Court Rule 375, 1939; SDC 1939 & Supp 1960, §34.3018; SDCL, §23-32-24; SL 1978, ch 178, §75.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-17 - Statutory words not required in indictment or information--Interpretation of words and phrases.

23A-6-17. Statutory words not required in indictment or information--Interpretation of words and phrases.
Words used in a statute to describe a public offense need not be strictly recited in an indictment or information, but other words conveying the same meaning may be used. Words used in an indictment or information shall be interpreted according to their usual meaning in common language, except words and phrases defined by law, which shall be interpreted according to their legal meaning.
Source:
SDC 1939 & Supp 1960, §§34.3003, 34.3005; SDCL, §§23-32-18, 23-32-19; SL 1978, ch 178, §76.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-18 - (Rule 7(d)) Surplusage stricken on motion.

23A-6-18.(Rule 7(d)) Surplusage stricken on motion.
A circuit court upon motion may strike surplusage from an indictment or information.
Source:
SL 1978, ch 178, §77.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-19 - (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.

23A-6-19.(Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial.
If trial has not commenced, a prosecuting attorney may amend an information to allege, or to change the allegations regarding, any offense arising out of the same alleged conduct of the defendant that gave rise to any offense alleged in the original information. If the change alleges a new offense, the defendant has the right to a preliminary hearing on the new offense.
After commencement of a trial, the trial court may permit the prosecuting attorney to amend the information at any time before a verdict or finding is made, if no additional or different offense is charged and substantial rights of the defendant are not thereby prejudiced. An amendment may charge an additional or different offense with the express consent of the defendant.
Source:
Supreme Court Rule 397, 1939; SDC 1939 & Supp 1960, §34.3628; SDCL, §23-39-1; SL 1978, ch 178, §78.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-20 - Amendment to correct name of defendant.

23A-6-20. Amendment to correct name of defendant.
When a defendant is prosecuted by a fictitious name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, with reference to the fact that he was prosecuted by the name mentioned in the indictment, information, or complaint. When a defendant is prosecuted by an erroneous name, and in any stage of the proceedings his correct name is discovered, it must be inserted in the subsequent proceedings without reference to the fact that he was prosecuted by any other name.
Source:
Supreme Court Rule 369, 1939; SDC 1939 & Supp 1960, §34.3012; SDCL, §23-32-13; SL 1978, ch 178, §78.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-22 - Suppression of names and details in rape, incest, or sexual contact prosecution.

23A-6-22. Suppression of names and details in rape, incest, or sexual contact prosecution.
Upon the request of the victim in a prosecution for rape, incest, or sexual contact, the court shall order that the names of the victim or the accused or the details of the alleged offense be suppressed until:
(1)The accused is arraigned;
(2)The charge is dismissed; or
(3)The case is otherwise concluded;
whichever occurs first.
Source:
SL 1975, ch 169, §4; SDCL Supp, §23-32-28; SL 1978, ch 178, §81; SL 1983, ch 182; SL 1996, ch 154.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-22.1 - Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts.

23A-6-22.1. Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts.
Notwithstanding the provisions of §23A-6-22, upon the request of any minor victim or the minor victim's parent or guardian in a prosecution for rape, incest, or sexual contact, the court shall order that the name of the minor and the specific details of the alleged acts be suppressed if the trial court finds a compelling interest after consideration of the following factors: the minor victim's age, psychological maturity and understanding, the nature of the crime, the desires of the victim, and the interests of the parents and relatives.
Source:
SL 1995, ch 131; SL 2011, ch 124, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-23 - (Rule 8(a)) Joinder of related offenses in same indictment or information.

23A-6-23.(Rule 8(a)) Joinder of related offenses in same indictment or information.
Two or more offenses may be charged in the same indictment or information in separate counts for each offense, if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
Source:
Supreme Court Rule 366, 1939; SDC 1939 & Supp 1960, §34.3009; SDCL, §23-32-6; SL 1978, ch 178, §82.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-24 - (Rule 8(b)) Joinder of two or more defendants in same indictment or information.

23A-6-24.(Rule 8(b)) Joinder of two or more defendants in same indictment or information.
Two or more defendants may be charged in the same indictment or information, if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately, and all of the defendants need not be charged in each count.
Source:
SL 1978, ch 178, §83.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-25 - Election between offenses or counts not required--Separate statements in verdict.

23A-6-25. Election between offenses or counts not required--Separate statements in verdict.
The prosecuting attorney shall not be required to elect between different offenses or counts set forth in an indictment or information, but a defendant may be convicted of any number of offenses charged, and each offense upon which a defendant is convicted must be stated in the verdict.
Source:
Supreme Court Rule 366, 1939; SDC 1939 & Supp 1960, §34.3009; SDCL, §23-32-7; SL 1978, ch 178, §84.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-26 - (Rule 9(a)) Warrant or summons on indictment--Delivery for execution--Warrant on defendant's failure to respond to summons.

23A-6-26.(Rule 9(a)) Warrant or summons on indictment--Delivery for execution--Warrant on defendant's failure to respond to summons.
Upon request of a prosecuting attorney, a circuit court judge, in the case of a felony, and a magistrate judge, in the case of a misdemeanor or at the direction of the presiding judge of the circuit in the case of a felony, may issue a warrant for each defendant named in an indictment. A circuit court judge, or magistrate judge in an appropriate case, may issue a summons instead of a warrant upon the request of a prosecuting attorney. Upon like request or direction a court may issue more than one warrant or summons for the same defendant. The warrant or summons shall be delivered to a law enforcement officer or other person authorized by law to execute or serve it. If a defendant fails to appear in response to a summons, a warrant shall be issued.
Source:
SDC 1939 & Supp 1960, §34.1235; SDCL, §23-31-9; SL 1978, ch 178, §85; SL 1999, ch 121, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-27 - (Rule 9(b)(1)) Form of warrant--Contents--Endorsement as to bail.

23A-6-27.(Rule 9(b)(1)) Form of warrant--Contents--Endorsement as to bail.
A warrant shall be in the form prescribed by §23A-2-4. It shall describe the offense charged in the indictment, and it shall command that the defendant be arrested and brought before the court. The amount of bail, if any, shall be fixed by the court and endorsed on the warrant.
Source:
SL 1978, ch 178, §86; SL 1999, ch 121, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-28 - (Rule 9(b)(2)) Form and contents of summons--Time of required appearance--Signature.

23A-6-28.(Rule 9(b)(2)) Form and contents of summons--Time of required appearance--Signature.
A summons shall be in the same form as a warrant except that it shall summon the defendant to appear before a circuit court judge or magistrate judge, as the case may be, at a stated time and place. The time stated may not be more than ten days from the date the indictment was presented to the court. The summons shall be signed by the judge.
Source:
SL 1978, ch 178, §87; SL 1999, ch 121, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-29 - (Rule 9(c)(1)) Execution or service of warrant or summons--Arrested person brought before court.

23A-6-29.(Rule 9(c)(1)) Execution or service of warrant or summons--Arrested person brought before court.
A warrant shall be executed or a summons served as provided in §§23A-2-7 to 23A-2-11, inclusive. The officer executing a warrant shall bring the arrested person promptly before the court for the purpose of admission to bail.
Source:
SDC 1939 & Supp 1960, §34.1231; SDCL, §23-31-15; SL 1978, ch 178, §88.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-29.1 - Powers granted magistrate judge.

23A-6-29.1. Powers granted magistrate judge.
If directed to do so by the presiding judge of the circuit, a magistrate judge may set bail and take not guilty pleas in felony cases.
Source:
SL 1999, ch 121, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-1 - (Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.

23A-7-1.(Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.
An arraignment shall be conducted in open court, except that an arraignment for a Class 2 misdemeanor may be conducted in chambers, and shall consist of reading the indictment, information, or complaint, as is applicable, to the defendant or stating to him the substance of the charge and calling on him to plead thereto.
A defendant must be informed that if the name in the indictment, information, or complaint is not his true name, he must then declare his true name or be proceeded against by the name given in the indictment, information, or complaint. If he gives no other name, the court may proceed accordingly. If he alleges that another name is his true name, he shall be proceeded against pursuant to §23A-6-20. He shall be given a copy of the indictment, information, or complaint, as is applicable, before he is called upon to plead.
Source:
SDC 1939 & Supp 1960, §§34.2301, 34.3507; SDCL, §§23-35-12, 23-35-13, 23-35-18; SDCL Supp, §23A-7-6; SL 1978, ch 178, §§91, 96; SL 1979, ch 159, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-2 - (Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.

23A-7-2.(Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.
A defendant may plead:
(1)Not guilty;
(2)Not guilty and not guilty by reason of insanity;
(3)Guilty;
(4)Nolo contendere; or
(5)Guilty but mentally ill.
Except as otherwise specifically provided, a plea of guilty or nolo contendere can only be entered by a defendant himself in open court. If a defendant refuses to plead, or if the court refuses to accept a plea of guilty or nolo contendere, the court shall enter a plea of not guilty. The court may not enter a judgment unless it is satisfied that there is a factual basis for any plea except a plea of nolo contendere.
Source:
Supreme Court Rule 389, 1939; SDC 1939 & Supp 1960, §34.3520; SDCL, §23-35-16; SL 1978, ch 178, §92; SL 1980, ch 179, §1; SL 1983, ch 174, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.

23A-7-3.(Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.
A defendant may plead nolo contendere only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interests of the public in the effective administration of justice.
Source:
SL 1978, ch 178, §93.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.

23A-7-4.(Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.
Before accepting a plea of guilty or nolo contendere a court must address the defendant personally in open court, subject to the exception stated in §23A-7-5, and inform him of, and determine that he understands, the following:
(1)The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law;
(2)If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceedings against him and, if necessary, one will be appointed to represent him;
(3)That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to assistance of counsel, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself;
(4)That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself; and
(5)That if he pleads guilty or nolo contendere, the court may ask him questions about the offense to which he has pleaded, and if he answers these questions under oath, on the record, and in the presence of counsel, his answers may later be used against him in a prosecution for perjury.
Source:
SL 1978, ch 178, §94.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-5 - (Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.

23A-7-5.(Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.
A court, except as provided in this section, shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. It shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the prosecuting attorney and the defendant or his attorney.
If a defendant is charged with a misdemeanor, his attorney may enter a plea of guilty, nolo contendere, or not guilty for him. The court shall inquire into whether the attorney has advised the defendant of the contents of §23A-7-4. If the court is satisfied that the defendant has been advised, the plea may be accepted. If the plea is guilty or nolo contendere, sentence may be imposed at that time and is binding upon the defendant.
Source:
SL 1913, ch 161, §2; RC 1919, §4741; SDC 1939 & Supp 1960, §34.2302; SDCL, §23-35-19; SL 1978, ch 178, §95.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-7 - Pleading to habitual offender information--Jury trial.

23A-7-7. Pleading to habitual offender information--Jury trial.
When an habitual offender information has been filed, after a finding of guilty on the principal offense, an admission or denial shall be made and, if necessary, an election on a jury trial shall be made on the habitual offender information. Any trial may be had to another jury, at the request of the defendant.
Source:
SL 1959, ch 234; SDC Supp 1960, §34.3009-1; SL 1961, ch 183; SDCL, §23-32-11; SL 1976, ch 158, §7-7; SL 1978, ch 178, §97.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-8 - (Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.

23A-7-8.(Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.
A prosecuting attorney and an attorney for a defendant or a defendant when acting pro se may engage in discussions, with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the prosecuting attorney will do any one or more of the following:
(1)Move for dismissal of other charges or not file additional charges arising out of a different occurrence;
(2)Make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that such recommendation or request shall not be binding upon the court;
(3)Agree that a specific sentence is the appropriate disposition of the case; or
(4)Perform other specified acts to be made a part of the agreement.
A court shall not participate in such discussions. The prosecuting attorney shall make a reasonable effort to provide each victim of a crime of violence or an offense pursuant to chapter 22-22, his designee, or closest next of kin if victim is deceased, of the defendant's crime with an opportunity to comment on the terms of the plea agreement to the prosecuting attorney. If the victim is a minor, the victim's parent or guardian may comment on the terms of the plea agreement to the prosecuting attorney.
Source:
SL 1978, ch 178, §98; SL 1983, ch 183, §1; SL 1985, ch 194, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-8.1 - Victim's failure to comment--Effect.

23A-7-8.1. Victim's failure to comment--Effect.
If a victim or his designee fails to exercise the right granted by §23A-7-8 or 23A-7-9, the failure is not grounds for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction.
Source:
SL 1985, ch 194, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-9 - Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.

23A-7-9. Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.
If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court, or on a showing of good cause, in chambers, at the time the plea is offered. The prosecuting attorney shall disclose on the record any comments on the plea agreement made by the victim, or his designee, of the defendant's crime to the prosecuting attorney. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the court accepts a plea agreement involving any felony charge, the prosecuting attorney shall file a brief written report, which includes the terms of the plea agreement and the ultimate reasons therefor, with the division of criminal investigation and, if the defendant is incarcerated in a state correctional facility, also with the warden thereof.
Source: SL 1978, ch 178, §100; SL 1983, ch 183, §2; SL 1985, ch 194, §2; SL 2023, ch 82, §21.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.

23A-7-10.(Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.
If a court accepts the plea agreement, it shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement.
Source:
SL 1978, ch 178, §101.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-11 - (Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.

23A-7-11.(Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.
If a court rejects the plea agreement, it shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in chambers, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, if a plea has been entered, and advise him that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to him than that contemplated by the plea agreement.
Source:
SL 1978, ch 178, §102.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.

23A-7-12.(Rule 11(e)(5)) Time of notification to court of plea agreement.
Notification to the court of the existence of a plea agreement shall be given at the arraignment or at such other time, prior to trial, as may be fixed by the court.
Source:
SL 1978, ch 178, §103.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-13 - (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.

23A-7-13.(Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.
Except as provided in this section, evidence of a plea of guilty or nolo contendere which was later withdrawn, of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to a plea of guilty or nolo contendere, later withdrawn, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for perjury if the statement was made by the defendant under oath, on the record, and in the presence of counsel.
Source:
SL 1978, ch 178, §104.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-14 - (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.

23A-7-14.(Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.
The court shall defer acceptance of any plea except a plea of nolo contendere until it is satisfied that there is a factual basis for the offense charged or to which the defendant pleads.
Source:
SL 1978, ch 178, §105; SL 1980, ch 179, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.

23A-7-15.(Rule 11(g)) Record of proceedings at which plea entered--Contents.
A verbatim record of the proceedings at which a defendant enters a plea shall be made and, if there is a plea of guilty or nolo contendere, the record shall include, without limitation, the court's advice to the defendant, the inquiry into the voluntariness of the plea including any plea agreement, and the inquiry into the factual basis of a guilty plea. A verbatim record of a proceeding at which a defendant enters a plea to a misdemeanor need not be taken unless requested by the prosecuting attorney or the defendant.
Source:
SL 1978, ch 178, §106; SL 1979, ch 159, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 07 - Arraignment And Pleas › Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.

23A-7-16. Guilty but mentally ill plea--Prerequisites to acceptance.
In addition to the requirements of §§23A-7-4 and 23A-7-5, if a defendant charged with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has examined the reports. The court shall hold a hearing on the defendant's mental condition and, if there is a factual basis on which the court can conclude that the defendant was mentally ill at the time of the offense, the plea shall be accepted.
Source:
SL 1983, ch 174, §6; SL 2016, ch 135, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-1 - (Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.

23A-8-1.(Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings.
Except for those offenses triable under §23A-4-2, pleadings in criminal proceedings are the complaint, the indictment, and the information. The pleas are not guilty, not guilty and not guilty by reason of insanity, guilty but mentally ill, guilty, and nolo contendere. All other pleas and demurrers and motions to quash are abolished, and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by a motion to dismiss or to grant appropriate relief as provided in this title.
Source:
SDC 1939 & Supp 1960, §34.3006; SDCL, §23-32-3; SL 1978, ch 178, §107; SL 1983, ch 174, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-2 - Grounds for dismissal of indictment or information on motion.

23A-8-2. Grounds for dismissal of indictment or information on motion.
Upon motion of a defendant made pursuant to subdivision 23A-8-3(1), (2), or (3), the court must dismiss an indictment or information in any of the following cases:
(1)When it is not found, endorsed, and presented or filed as prescribed by this title;
(2)When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;
(3)When it does not substantially conform to the requirements of this title;
(4)When more than one offense is charged in a single count;
(5)When it does not describe a public offense;
(6)When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;
(7)When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged;
(8)When a person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration, except as provided in §23A-5-11; or
(9)When a defendant charged by information did not have or waive a preliminary hearing before the information was filed.
Source:
Supreme Court Rule 382, 385, 1939; SDC 1939 & Supp 1960, §§34.3509, 34.3514; SDCL, §§23-36-1, 23-36-8; SL 1978, ch 178, §107-A; SL 1979, ch 159, §46.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-3 - (Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial.

23A-8-3.(Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial.
Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following must be raised prior to trial:
(1)Defenses and objections based on defects in the institution of the prosecution;
(2)Defenses and objections based upon prior conviction or acquittal;
(3)Defenses and objections based on defects in the indictment or information (other than that it fails to show jurisdiction in the court or to charge an offense which objections shall be noticed by the court at any time during the pendency of the proceedings);
(4)Motions to suppress evidence;
(5)Requests for discovery under chapter 23A-13; or
(6)Requests for a severance of charges or defendants under §23A-11-2.
Source:
SL 1978, ch 178, §108.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-4 - (Rule 12(c)) Setting time for making and hearing motions.

23A-8-4.(Rule 12(c)) Setting time for making and hearing motions.
A court may at the time of an arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing.
Source:
SL 1978, ch 178, §109.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-5 - Subsequent hearing on motion to suppress newly discovered evidence.

23A-8-5. Subsequent hearing on motion to suppress newly discovered evidence.
A court may set a subsequent hearing after the hearing set pursuant to §23A-8-4 for the purpose of hearing motions to suppress newly discovered evidence.
Source:
SL 1978, ch 178, §112.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-6 - (Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use specified evidence.

23A-8-6.(Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use specified evidence.
At an arraignment, or as soon thereafter as is practical, the prosecuting attorney may give notice to the defendant of his intention to use specified evidence at the trial, in order to afford the defendant an opportunity to raise objections to such evidence prior to the trial in accordance with subdivision §23A-8-3(4).
Source:
SL 1978, ch 178, §110; SL 1979, ch 159, §47.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-8 - (Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.

23A-8-8.(Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact.
A motion made before a trial shall be determined before the trial unless the court, for good cause, orders that it be deferred for determination at the trial of the general issue or until after the verdict, but no such determination shall be deferred if a party's right to appeal is adversely affected. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record.
Source:
SL 1978, ch 178, §113.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-9 - (Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver.

23A-8-9.(Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver.
Failure by a party to raise defenses or objections or to make requests which must be made prior to trial, at the time set by a court pursuant to §23A-8-4, or prior to any extension thereof made by the court, shall constitute a waiver thereof, but the court for cause shown may grant relief from the waiver.
Source:
Supreme Court Rule 382, 1939; SDC 1939 & Supp 1960, §34.3509; SDCL, §23-36-2; SL 1978, ch 163; SL 1978, ch 178, §114.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-10 - (Rule 12(g)) Record of hearing on motions.

23A-8-10.(Rule 12(g)) Record of hearing on motions.
A verbatim record shall be made of all proceedings at the hearing, including any findings of fact and conclusions of law which are made orally.
Source:
SL 1978, ch 178, §115.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 08 - (Rule 12) Pleadings And Pretrial Motions › Section 23A-8-11 - (Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes.

23A-8-11.(Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes.
If a court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be continued in custody or that his bail be continued for a specified time pending the filing of a new indictment or information. An order setting aside an indictment or information pursuant to this section is no bar to a further prosecution for the same offense. Nothing in this section shall be deemed to affect the provisions of any statute relating to periods of limitations.
Source:
SDC 1939 & Supp 1960, §§34.3512, 34.3513; SDCL, §§23-36-6, 23-36-7; SL 1978, ch 178, §116.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 09 - (Rule 12.1) Notice Of Alibi › Section 23A-9-1 - (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.

23A-9-1.(Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.
Within the time specified in §23A-8-4 for pretrial motions, upon written demand of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, a defendant shall serve within ten days, or at such different time as the court may direct, upon the prosecuting attorney a written notice of his intention to offer a defense of alibi. The notice shall state the specific place or places where the defendant claims he was at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.
Source:
Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, §34.2801; SDCL, §23-37-5; SL 1974, ch 168, §1; SL 1978, ch 178, §117.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 09 - (Rule 12.1) Notice Of Alibi › Section 23A-9-2 - (Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.

23A-9-2.(Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.
Within ten days thereafter, but in no event less than ten days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the state intends to rely to establish the defendant's presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant's alibi witnesses.
Source:
SDCL, §23-37-6 as enacted by SL 1974, ch 168, §2; SDCL Supp, §23-37-5.1; SL 1978, ch 178, §118.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 09 - (Rule 12.1) Notice Of Alibi › Section 23A-9-3 - (Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.

23A-9-3.(Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.
If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under §23A-9-1 or 23A-9-2, he shall promptly notify the other party or his attorney of the existence and identity of such additional witness.
Source:
SL 1978, ch 178, §119.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 09 - (Rule 12.1) Notice Of Alibi › Section 23A-9-4 - (Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify.

23A-9-4.(Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify.
Upon the failure of either party to comply with the requirements of §23A-9-1, 23A-9-2, or 23A-9-3, the court shall exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from or presence at, the scene of the alleged offense. This section shall not limit the right of a defendant to testify in his own behalf.
Source:
Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, §34.2801; SDCL, §23-37-6; SL 1974, ch 168, §1; SDCL Supp, §23-37-5; SL 1978, ch 178, §120; SL 1979, ch 159, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 09 - (Rule 12.1) Notice Of Alibi › Section 23A-9-5 - (Rule 12.1(e)) Exception granted to notice requirements.

23A-9-5.(Rule 12.1(e)) Exception granted to notice requirements.
For good cause shown, a court may grant an exception to any of the requirements of §§23A-9-1 to 23A-9-4, inclusive.
Source:
SL 1978, ch 178, §121.