22-10A-3. Allegation of gang membership filed as separate information.
An allegation that a defendant is a street gang member shall be filed as a separate information at the time of, or before, arraignment. The separate information shall state those criteria, as set forth in subdivision 22-10A-1(2), which allegedly identify the defendant as a street gang member, and shall be signed by the prosecutor.
Source: SL 1992, ch 159, §3; SDCL, §22-10-16; SL 2005, ch 120, §§354, 355.
Structure South Dakota Codified Laws