reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-8 - Receipts given for property taken from person arrested.

23A-3-8. Receipts given for property taken from person arrested.
When money or property, other than that seized pursuant to chapters 23A-35 to 23A-37, inclusive, is taken from a defendant arrested upon a charge of having committed a public offense, the law enforcement officer taking it must, at the time, make duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. One of the receipts shall be given to the defendant.
Source:
SDC 1939 & Supp 1960, §34.0601; SDCL, §23-16-1; SL 1978, ch 178, §21.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-9 - Fresh pursuit misdemeanor arrest by officer of another state.

23A-3-9. Fresh pursuit misdemeanor arrest by officer of another state.
Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a misdemeanor in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal law enforcing unit of this state, to arrest and hold in custody a person on the ground that the person is believed to have committed a misdemeanor in this state. The term "fresh pursuit" as used in this section shall include the pursuit of a person who has committed a misdemeanor in the presence of a law enforcement officer, and such officer is in instant pursuit.
Source:
SL 1978, ch 178, §§23, 28.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-10 - Fresh pursuit felony arrest by officer of another state.

23A-3-10. Fresh pursuit felony arrest by officer of another state.
Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal law enforcing unit of this state, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.
Source:
SL 1939, ch 139, §§1, 3; SDC Supp 1960, §§34.16B01, 34.16B03; SDCL, §23-23-4; SL 1978, ch 178, §22.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-11 - Other powers of arrest unimpaired by fresh pursuit authority.

23A-3-11. Other powers of arrest unimpaired by fresh pursuit authority.
Neither §23A-3-9 nor 23A-3-10 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Source:
SL 1939, ch 139, §§1, 3; SDC Supp 1960, §§34.16B01, 34.16B03; SDCL, §23-23-4; SL 1978, ch 178, §25.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-12 - Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful.

23A-3-12. Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful.
If an arrest is made in this state by an officer of another state in accordance with the provisions of §23A-3-9 or 23A-3-10, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit the person to bail for such purpose. If the magistrate determines that the arrest was unlawful the magistrate shall discharge the person arrested.
Source:
SL 1939, ch 139, §2; SDC Supp 1960, §34.16B02; SDCL, §§23-23-5, 23-23-6; SL 1978, ch 178, §24.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-13 - District of Columbia treated as state.

23A-3-13. District of Columbia treated as state.
For the purposes of §§23A-3-9 to 23A-3-15, inclusive, the word "state" shall include the District of Columbia.
Source:
SL 1939, ch 139, §4; SDC Supp 1960, §34.16B04; SDCL, §23-23-3; SL 1978, ch 178, §26.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-14 - Definition of fresh pursuit for interstate felony arrest.

23A-3-14. Definition of fresh pursuit for interstate felony arrest.
The term "fresh pursuit" as used in §§23A-3-10 to 23A-3-14, inclusive, shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used in this title shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
Source:
SL 1939, ch 139, §5; SDC Supp 1960, §34.16B05; SDCL, §23-23-2; SL 1978, ch 178, §27.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-15 - Citation of provisions on interstate pursuit.

23A-3-15. Citation of provisions on interstate pursuit.
Sections 23A-3-10 to 23A-3-14, inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit.
Source:
SL 1978, ch 178, §29.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-16 - Arrest for misdemeanor on intrastate fresh pursuit.

23A-3-16. Arrest for misdemeanor on intrastate fresh pursuit.
Any law enforcement officer of this state in fresh pursuit of a person who has committed a misdemeanor in the presence of the law enforcement officer shall have authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful an arrest which would otherwise be lawful. The term "fresh pursuit" as used in this section shall include fresh pursuit of a person who has committed a misdemeanor in the presence of a law enforcement officer, and the law enforcement officer is in instant pursuit.
Source:
SL 1978, ch 178, §§31, 34.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-17 - Arrest for felony on intrastate fresh pursuit.

23A-3-17. Arrest for felony on intrastate fresh pursuit.
Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful an arrest which would otherwise be lawful.
Source:
SL 1941, ch 153, §§1, 4; SDC Supp 1960, §§34.16A02, 34.16A05; SDCL, §23-22-39; SL 1978, ch 178, §30.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-18 - Disposition of prisoner taken on intrastate fresh pursuit.

23A-3-18. Disposition of prisoner taken on intrastate fresh pursuit.
If an arrest under §23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate of the county where the arrest was made, and the court shall admit the prisoner to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of the prisoner before the court having jurisdiction of the criminal offense.
Source:
SL 1941, ch 153, §2; SDC Supp 1960, §34.16A03; SDCL, §23-22-40; SL 1978, ch 178, §32.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-19 - Definition of fresh pursuit in intrastate felony arrests.

23A-3-19. Definition of fresh pursuit in intrastate felony arrests.
The term "fresh pursuit" as used in §§23A-3-17 to 23A-3-19, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony in this state. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used here shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
Source:
SL 1941, ch 153, §3; SDC Supp 1960, §34.16A04; SDCL, §23-22-38; SL 1978, ch 178, §33.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-20 - Citation of provisions on intrastate fresh pursuit.

23A-3-20. Citation of provisions on intrastate fresh pursuit.
Sections 23A-3-17 to 23A-3-19, inclusive, may be called the "Uniform Law on Intrastate Fresh Pursuit."
Source:
SL 1941, ch 153, §5; SDC Supp 1960, §34.16A01; SDCL, §23-22-41; SL 1978, ch 178, §35.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-24 - Federal law enforcement officer defined.

23A-3-24. Federal law enforcement officer defined.
For the purposes of §23A-3-25, the term, federal law enforcement officer, means any officer or employee of the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Marshall Service, the Internal Revenue Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, the United States Postal Inspection Service, the Federal Protective Service, the United States Fish and Wildlife Service, the United States Forest Service, the Immigration and Customs Enforcement Office of Investigations, or the National Park Service, who is responsible for the prevention or detection of crimes or for the enforcement of the United States Code and who is authorized to arrest, with or without a warrant, any person for a violation of the United States Code.
Source:
SL 1994, ch 175, §1; SL 2005, ch 125, §1; SL 2006, ch 135, §1; SL 2008, ch 115, §1; SL 2010, ch 125, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-25 - Authority of federal law enforcement officer.

23A-3-25. Authority of federal law enforcement officer.
Any federal law enforcement officer holds the same authority as a state or local law enforcement officer in this state when making an arrest for a nonfederal crime under any of the following circumstances:
(1)The officer has reasonable grounds to believe that a state felony has been committed and that the person arrested committed such felony;
(2)The officer is rendering assistance to a state or local law enforcement officer in an emergency or at the request of the state or local law enforcement officer; or
(3)The officer is participating in a task force composed of state or local law enforcement officers and federal law enforcement officers.
Source:
SL 1994, ch 175, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-26 - Definition of expungement.

23A-3-26. Definition of expungement.
Terms used in §§23A-3-27 to 23A-3-33, inclusive, mean:
(1)"Expungement," the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Expungement does not imply the physical destruction of records.
Source:
SL 2010, ch 126, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-27 - Motion for expungement of arrest record.

23A-3-27. Motion for expungement of arrest record.
An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:
(1)After one year from the date of any arrest, if no accusatory instrument was filed;
(2)After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record;
(3)At any time after an acquittal; or
(4)Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity.
Source:
SL 2010, ch 126, §2; SL 2012, ch 131, §1; SL 2015, ch 140, §1; SL 2022, ch 71, §1, eff. Mar. 15, 2022.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-28 - Service of motion--Fee.

23A-3-28. Service of motion--Fee.
At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney may contest the motion in writing and at the hearing on the motion.
When a defendant or arrested person makes a motion under this section, the defendant or arrested person shall pay to the clerk of courts in the county where the motion is filed a fee equal to the filing fee for a civil action. If the defendant or arrested person establishes to the court's satisfaction that the person is indigent and unable to pay the fee, the court may waive the filing fee.
Source:
SL 2010, ch 126, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-29 - Hearing on motion for expungement.

23A-3-29. Hearing on motion for expungement.
The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper.
Source:
SL 2010, ch 126, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-30 - Order of expungement.

23A-3-30. Order of expungement.
The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of the order.
Source:
SL 2010, ch 126, §5; SL 2015, ch 140, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-31 - Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.

23A-3-31. Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.
Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing the defendant or arrested person for subsequent offenses.
As part of any order of expungement, the court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the defendant or arrested person's arrest, detention, indictment or information, trial, and disposition.
Source:
SL 2010, ch 126, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-32 - Effect of order of expungement.

23A-3-32. Effect of order of expungement.
The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person's arrest or indictment or information. No person as to whom an order of expungement has been entered shall be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of the person's failure to recite or acknowledge the person's arrest, indictment or information, or trial in response to any inquiry made of the person for any purpose.
Source:
SL 2010, ch 126, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-33 - No time limitation for making application.

23A-3-33. No time limitation for making application.
A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application.
Source:
SL 2010, ch 126, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-34 - Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement

23A-3-34. Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement.
Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant's public record after five years if all court-ordered conditions on the case have been satisfied and the defendant has not been convicted of any further offenses within those five years. However, the case record remains available to court personnel or as authorized by order of the court and may be used as an enhancement in the prosecution of subsequent offenses as provided by law.
Source:
SL 2016, ch 134, §1; SL 2021, ch 106, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-35 - Eligibility of person placed in diversion program for expungement of record.

23A-3-35. Eligibility of person placed in diversion program for expungement of record.
If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if:
(1)The person has successfully completed all the terms of the diversion program; and
(2)The person has not been charged with any new crimes, except for petty offenses or minor traffic citations, within one year and thirty days from the date of the successful completion of the diversion program.
Nothing in this section requires a state's attorney to place any arrested person into a diversion program or to otherwise create or implement a diversion program.
Source:
SL 2018, ch 143, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-36 - Dismissal of charges and notice of completion of diversion.

23A-3-36. Dismissal of charges and notice of completion of diversion.
If the requirements of §23A-3-35 have been met, the state's attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person.
Source:
SL 2018, ch 143, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 03 - (Rule 4.1) Arrest › Section 23A-3-37 - Expungement of record on filing of dismissal and notice.

23A-3-37. Expungement of record on filing of dismissal and notice.
Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court.
Source:
SL 2018, ch 143, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 04 - Preliminary Proceedings Before Magistrate › Section 23A-4-1 - Arrested person taken before magistrate--Complaint filed on arrest without warrant.

23A-4-1. Arrested person taken before magistrate--Complaint filed on arrest without warrant.
A law enforcement officer shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate. Any person, other than a law enforcement officer, making an arrest shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate or deliver him to the nearest available law enforcement officer. If a person arrested without a warrant is brought before a committing magistrate, a complaint shall be filed forthwith. Unless given a court appearance date and released from custody, a person, arrested with or without a warrant or given a summons, shall appear initially before a committing magistrate in person or via ITV, without unnecessary delay, at which time the committing magistrate shall proceed in accordance with the applicable provisions of §§23A-4-2 to 23A-4-5, inclusive.
Source:
SDC 1939 & Supp 1960, §§34.1608, 34.1619, 34.1620; SDCL §§23-22-16, 23-22-20, 23-22-22; SL 1978, ch 178, §36; SL 1989, ch 209; SL 1990, ch 174; SL 2018, ch 301 (Supreme Court Rule 18-10), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 04 - Preliminary Proceedings Before Magistrate › Section 23A-4-2 - (Rule 5(b)) Procedure on minor offenses cognizable by magistrate court.

23A-4-2.(Rule 5(b)) Procedure on minor offenses cognizable by magistrate court.
If the charge against a defendant is cognizable by a magistrate pursuant to §16-12B-8, the magistrate shall proceed in accordance with that section.
Source:
SL 1978, ch 178, §37.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 04 - Preliminary Proceedings Before Magistrate › Section 23A-4-4 - Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court.

23A-4-4. Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court.
Subject to §§23A-17-1 to 23A-17-4, inclusive, if a defendant is taken before a committing magistrate who did not issue the warrant, or in case no warrant has been issued, the committing magistrate shall inform him of the matters set out in §23A-4-3 and admit the defendant to bail as provided by §23A-2-4 or chapter 23A-43. Within three days thereafter, the committing magistrate shall transmit the minutes of the proceedings and all papers in the case, including bail if posted, to the court which issued the warrant. If no warrant has been issued, the transcript and papers shall be transmitted to the court where the complaint is filed or to the court in which the venue of the offense lies.
Source:
SDC 1939 & Supp 1960, §§34.1623, 34.1624; SDCL, §§23-22-27 to 23-22-30; SL 1978, ch 178, §39.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 04 - Preliminary Proceedings Before Magistrate › Section 23A-4-5 - Transfer to magistrate judge or circuit court for preliminary hearing.

23A-4-5. Transfer to magistrate judge or circuit court for preliminary hearing.
Either the defendant or the prosecuting attorney may, at any time prior to the commencement of a preliminary hearing before a lay magistrate, make a motion that the proceedings be transferred to a magistrate judge or to the circuit court. Upon such a motion the lay magistrate shall transmit a certified statement of all proceedings and papers connected with the action to the magistrate judge or the circuit court. Thereafter the action shall proceed as if it had been commenced therein before the magistrate judge or a circuit court judge. A preliminary hearing is commenced at the time the first witness is sworn.
Source:
SL 1966, ch 118; SL 1976, ch 163, §1; SDCL Supp, §23-27-11; SL 1978, ch 178, §40; SL 1989, ch 205.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 04 - Preliminary Proceedings Before Magistrate › Section 23A-4-6 - (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.

23A-4-6.(Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.
If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the committing magistrate shall forthwith hold him to answer in the trial court of the county having jurisdiction of the offense. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. The rules of evidence shall apply, except that an objection to evidence on the ground that it was acquired by unlawful means is not properly made at the preliminary hearing. Motions to suppress such evidence must be made to the trial court as provided in §§23A-8-3 to 23A-8-9, inclusive.
Source:
SDC 1939 & Supp 1960, §§34.1404, 34.1407; SDCL, §§23-27-9, 23-27-16; SL 1978, ch 178, §41; SL 1979, ch 159, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 04 - Preliminary Proceedings Before Magistrate › Section 23A-4-7 - (Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.

23A-4-7.(Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.
If from the evidence it appears that there is not probable cause to believe that an offense has been committed or that the defendant committed it, the committing magistrate shall dismiss the complaint and discharge the defendant. The discharge of a defendant does not preclude a prosecuting attorney from instituting a subsequent prosecution for the same offense.
Source:
SDC 1939 & Supp 1960, §34.1406; SDCL, §23-27-13; SL 1978, ch 178, §42.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 04 - Preliminary Proceedings Before Magistrate › Section 23A-4-8 - (Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record.

23A-4-8.(Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record.
A verbatim record of the proceeding in each preliminary hearing shall be made under the direction of the committing magistrate upon request of either the prosecuting attorney or the defendant. A copy of the transcript of the record of the proceeding shall be furnished to the defendant and to the prosecuting attorney if either requests it. If a transcript is requested by the defendant and the committing magistrate finds that the defendant is indigent, its cost shall be borne by the county where the venue of the alleged offense was originally laid. In such case the committing magistrate shall follow the procedures set forth in chapter 23A-40. At the conclusion of the preliminary hearing the committing magistrate shall forthwith transmit to the clerk of the trial court having jurisdiction of the offense, all papers of the proceeding, any bail taken by him, and all exhibits received in the hearing. The circuit court may, for good cause shown, limit access to the record of the proceeding.
Source:
SDC 1939, §§34.1405, 34.1409; SL 1957, ch 180; SDCL, §§23-27-12, 23-27-21; SL 1978, ch 178, §43.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-1 - (Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors.

23A-5-1.(Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors.
The circuit court shall order one or more grand juries to be summoned only when it appears to the circuit judge's satisfaction that a grand jury is necessary or desirable for the investigation of public offenses or misconduct in office. A grand jury shall consist of not less than six nor more than ten members. The court shall direct that a sufficient number of legally qualified persons be summoned to meet this requirement.
Source:
SDC 1939, §34.1201; SL 1959, ch 233; SDCL, §23-29-1; SL 1978, ch 178, §44; SL 1979, ch 159, §4; SL 1994, ch 176.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-2 - New grand jury ordered after discharge of original jury--Other causes.

23A-5-2. New grand jury ordered after discharge of original jury--Other causes.
If a grand jury is discharged by an allowance of a challenge to the panel, or if an offense is committed during the sitting of the court after the discharge of a grand jury, or if after such discharge a new indictment becomes requisite by reason of an arrest of judgment or by the setting aside of an indictment, or if for any other good and sufficient cause another grand jury may become necessary, a court may in its discretion order that another grand jury be summoned, and the court may to that end make an order to summon another grand jury according to the provisions of chapter 16-13.
Source:
CCrimP 1877, §175; CL 1887, §7202; RCCrimP 1903, §174; RC 1919, §4668; SDC 1939 & Supp 1960, §34.1202; SDCL, §23-29-15; SL 1978, ch 178, §44.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-3 - (Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.

23A-5-3.(Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge.
Either the prosecuting attorney or a defendant may challenge the array of grand jurors on the ground that a grand jury was not selected, drawn or summoned in accordance with law and may challenge an individual grand juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be tried by the circuit court.
Source:
SDC 1939 & Supp 1960, §§34.1204, 34.1205; SDCL, §§23-29-2, 23-29-5; SL 1978, ch 178, §46.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-4 - Summons of new jurors after challenge--Oath of jurors chosen for particular case.

23A-5-4. Summons of new jurors after challenge--Oath of jurors chosen for particular case.
Whenever challenges to individual grand jurors are allowed, the court shall make an order to the sheriff, deputy sheriff, or coroner, to summon without delay, from the residents of the county, a sufficient number of persons to complete or to form a grand jury. A grand jury formed and impaneled as to and in a particular case, after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case, and as to all other cases at the same term of that grand jury, the grand jury shall be formed in the usual manner provided by law.
Source:
SDC 1939 & Supp 1960, §§34.1203, 34.1209; SDCL, §§23-29-8, 23-29-16; SL 1978, ch 178, §46.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-5 - (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.

23A-5-5.(Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified.
A motion to dismiss an indictment may be based on objections to the array or on the lack of legal qualifications of an individual juror, if not previously determined upon challenge. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to §23A-5-6 that five or more jurors, after deducting from the affirmative votes the number not legally qualified, concurred in finding the indictment.
Source:
SL 1978, ch 178, §47.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-6 - (Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings.

23A-5-6.(Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings.
The court shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman shall have power to administer oaths and affirmations and shall sign all indictments. During the absence of the foreman, the deputy foreman shall act as foreman and shall have the same powers and duties as the foreman.
The grand jury must appoint one of its members as clerk, who must preserve minutes of its proceedings and of the evidence given before it. The clerk shall keep a record of the number of the jurors concurring in the finding of every indictment, but not the votes of the individual members, and shall file the record with the clerk of the court, but the record shall not be made public except on the order of the court.
Source:
SDC 1939 & Supp 1960, §§34.1210, 34.1213, 34.1224, 34.1233; SL 1967, ch 144; SDCL, §§23-29-9, 23-29-13, 23-30-9, 23-31-6; SL 1978, ch 178, §48.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-7 - Oath of grand jurors.

23A-5-7. Oath of grand jurors.
The following oath shall be administered to the foreperson of the grand jury: Do you, as foreperson of the grand jury, swear or affirm that you will diligently inquire into and make indictments of all public offenses against the state about which you have or can obtain evidence and which were committed or are triable in this county; that you will keep confidential the deliberations, remarks and actions of the jury, the testimony of the witnesses, and the manner in which any member of the jury voted on any matter; that you will not act against any person because of malice, hatred or ill-will or fail to act on a charge because of fear, favor, affection, or anticipation of reward; and that in all of your indictments you will present only the truth to the best of your skill, knowledge and understanding, so help you God? The following oath shall be immediately administered to the other grand jurors: Having heard the oath taken by the foreperson, do you, and each of you, swear or affirm that you will act in accordance with the obligations of that oath in your role as a member of the grand jury, so help you God?
Source:
SDC 1939 & Supp 1960, §§34.1210, 34.1211; SDCL §§23-29-10, 23-29-11; SL 1978, ch 178, §49; SL 2007, ch 131, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-8 - Charge to grand jury by court--Commencement of inquiries.

23A-5-8. Charge to grand jury by court--Commencement of inquiries.
After the grand jury is impaneled and sworn, it must be charged by the court. In doing so, the court shall give the members such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. The grand jury must then retire to a private room and inquire into the offenses cognizable by it.
Source:
SDC 1939 & Supp 1960, §34.1212; SDCL, §23-29-12; SL 1978, ch 178, §50.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-9 - General powers of grand jury--Access to prisons and records.

23A-5-9. General powers of grand jury--Access to prisons and records.
The grand jury has power, and it is its duty, to inquire into all public offenses committed or triable in its county, and to present them to the circuit court by indictment. A grand jury is entitled to free access at all reasonable times to public prisons, and to the examination, without charge, of all public records in its county.
Source:
SDC 1939 & Supp 1960, §§34.1215, 34.1223; SDCL, §§23-30-1, 23-30-6; SL 1978, ch 178, §45.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-10 - Advice sought from court or prosecuting attorney.

23A-5-10. Advice sought from court or prosecuting attorney.
The grand jury may at all reasonable times ask the advice of the court or of the prosecuting attorney.
Source:
SDC 1939 & Supp 1960, §34.1222; SDCL, §23-30-7; SL 1972, ch 147, §1; SL 1978, ch 178, §51.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-11 - (Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other persons--Counsel advising witnesses.

23A-5-11.(Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other persons--Counsel advising witnesses.
Prosecuting attorneys may at all times appear before the grand jury for the purpose of giving information or advice or interrogating witnesses relative to any matter cognizable by it. Prosecuting attorneys, the witness under examination and his counsel, interpreters if needed, the victim under examination and the victim or witness assistant and, for the purpose of taking the evidence if authorized by the grand jury, a stenographer or operator of a recording device may be present when the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting. The role of counsel appearing with a witness shall be limited to advising the witness. The prosecuting attorney may not be present during the consideration of any charge against himself, except that the grand jury may summon him as a witness.
Source:
SDC 1939 & Supp 1960, §34.1222; SDCL, §23-30-7; SL 1972, ch 147, §1; SL 1978, ch 178, §52; SL 1986, ch 193, §2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-11.1 - Recording of testimony of witness before grand jury.

23A-5-11.1. Recording of testimony of witness before grand jury.
The testimony of any witness appearing before a grand jury in any case shall be recorded. Such testimony may be recorded by means of an electronic recording device.
Source:
SL 1987, ch 173; SL 1998, ch 147, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-12 - Testimony before grand jury by subject of investigation--Waiver of immunity.

23A-5-12. Testimony before grand jury by subject of investigation--Waiver of immunity.
The subject of a grand jury investigation may, at the discretion of the grand jury or prosecuting attorney, be given the opportunity to testify before the grand jury, provided he waives immunity orally on the record or in writing.
Source:
SL 1978, ch 178, §53.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-13 - Notice of rights to subject appearing before grand jury.

23A-5-13. Notice of rights to subject appearing before grand jury.
Before testifying or providing other evidence at any proceeding before a grand jury impaneled before a circuit court, the subject of the grand jury investigation shall be given adequate and reasonable notice of:
(1)His right to counsel as provided in §23A-5-11;
(2)His privilege against self-incrimination;
(3)The fact that anything he says can and will be used against him in a court of law; and
(4)The fact that if he cannot afford an attorney, an attorney will be appointed by the court for him.
Source:
SL 1978, ch 178, §60.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-14 - Removal and replacement of attorney for witness appearing before grand jury.

23A-5-14. Removal and replacement of attorney for witness appearing before grand jury.
The court shall have the power to remove a witness' attorney and order the witness to obtain new counsel, when it finds that the attorney has violated §23A-5-11 or that such removal and replacement is necessary to ensure that the activities of a grand jury are not unduly delayed or impeded. Nothing in this section shall affect the power of the court to punish for contempt or impose other appropriate sanctions.
Source:
SL 1978, ch 178, §59.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-15 - Evidence heard by grand jury--Order for production of evidence.

23A-5-15. Evidence heard by grand jury--Order for production of evidence.
The rules of evidence shall apply to proceedings before the grand jury. A grand jury is not bound to hear evidence for a defendant, but it is its duty to weigh all the evidence submitted to it. When it has reason to believe that there is other evidence, it may order such evidence to be produced, and for that purpose the prosecuting attorney may issue process for the witnesses.
Source:
SDC 1939 & Supp 1960, §34.1225; SDCL, §23-30-12; SL 1978, ch 178, §55.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-16 - (Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments.

23A-5-16.(Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments.
Disclosure of matters occurring before a grand jury, other than its deliberations and the vote of any juror, may be made to prosecuting attorneys for use in the performance of their duties. Otherwise a juror, attorney, witness, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only if directed by the court preliminary to, or in connection with, a judicial proceeding or if permitted by the court at the request of a defendant upon a showing that grounds may exist for a motion to dismiss an indictment because of matters occurring before a grand jury. A grand juror cannot be questioned for anything that the grand juror may say or any vote that the grand juror may give in the grand jury proceedings relative to a matter legally pending before it, except for perjury of which the grand juror may have been guilty in making an accusation or giving testimony to his or her fellow jurors. No obligation of secrecy may be imposed upon any person except in accordance with this section. A court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail. In that event the clerk shall seal the indictment, and no person may disclose the finding of the indictment unless necessary for the issuance and execution of a warrant or summons.
Source:
SDC 1939 & Supp 1960, §§34.1226, 34.1227; SDCL, §§23-30-13, 23-30-14, 23-30-16; SL 1972, ch 147, §2; SL 1978, ch 178, §54; SL 2005, ch 126, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-17 - Disclosure by prosecuting attorney of evidence received by grand jury.

23A-5-17. Disclosure by prosecuting attorney of evidence received by grand jury.
The prosecuting attorney may disclose evidence received before the grand jury or heard before the grand jury in the performance of his official duties.
Source:
SL 1978, ch 178, §54A.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-18 - (Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named on indictment--Dismissal of charge on failure to indict.

23A-5-18.(Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named on indictment--Dismissal of charge on failure to indict.
A quorum of six grand jurors must be present before any evidence or testimony may be received or any other business conducted. An indictment may be found only if there is probable cause to believe that an offense has been committed and that the defendant committed it. An indictment may be found only upon the concurrence of six or more jurors. The names of only those witnesses examined before the grand jury in relation to the particular indictment shall be listed on that indictment before it is filed with the court. An indictment shall be returned by the grand jury to a circuit judge in open court, or, if no circuit judge is available, filed with the clerk of courts, endorsed a true bill.
If six grand jurors do not concur in finding an indictment against a defendant who is in custody but who has not had a preliminary hearing, the complaint or information and the certified record of the proceedings before the committing magistrate transmitted to them shall be returned to the court, with an endorsement thereon, signed by the foreman, that the charge is dismissed. The dismissal of the charge does not prevent its being again submitted to a grand jury as often as a court may direct, but without such direction it cannot again be submitted.
Source:
SDC 1939 & Supp 1960, §§34.1219, 34.1220, 34.1233, 34.1234; SDCL, §§23-31-3 to 23-31-8; SL 1978, ch 178, §56; SL 2001, ch 120, §1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-19 - Report filed when indictment not issued.

23A-5-19. Report filed when indictment not issued.
The grand jury, with the permission of the prosecuting attorney, may file a report as to any case in which an investigation has taken place and an indictment has not been issued. The court may excise any portion of the report that is filed in the interests of justice.
Source:
SL 1978, ch 178, §60A.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 05 - (Rule 6) The Grand Jury › Section 23A-5-20 - (Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors.

23A-5-20.(Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors.
A grand jury shall serve until discharged by the court which convened it, but no grand jury may serve more than eighteen months. The tenure and powers of a grand jury are not affected by the beginning or expiration of a term of court. At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in place of the excused juror in the same manner as the original juror was impaneled.
Source:
SDC 1939 & Supp 1960, §34.1214; SDCL, §23-29-14; SL 1978, ch 178, §57.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 06 - Indictment And Information › Section 23A-6-1 - Indictment or information required for prosecution of offense--Exceptions.

23A-6-1. Indictment or information required for prosecution of offense--Exceptions.
Every public offense must be prosecuted by an indictment or by an information signed by a prosecuting attorney except:
(1)A proceeding for the removal of a civil officer of this state;
(2)An offense arising under the laws, rules, and regulations relating to the National Guard;
(3)An offense arising under the laws of this state which is a Class 2 misdemeanor or petty offense or which is punishable by a fine not exceeding two hundred dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment;
(4)An offense arising from the violation of an ordinance or bylaw of a unit of local government of this state.
Source: SDC 1939 & Supp 1960, §34.2904; SDCL, §23-2-5; SL 1978, ch 178, §61; SL 1991, ch 187, §6.