22-30A-30. Prosecution for passing check against insufficient funds--Establishment of probable cause-Testimony of official not necessary.
For purposes of establishing probable cause that a criminal offense has been committed in violation of §22-30A-24 or 22-30A-25, probable cause is established if the prosecution has presented as evidence at the preliminary hearing, or before the grand jury, a check bearing reasonable indicia that the check has been presented for payment and that the check has not been paid or honored by the financial institution because of insufficient funds in the account upon which the check was drawn or that the account did not exist. Upon the offer and acceptance of the check as evidence at the preliminary hearing, or before the grand jury, it is not necessary for an official or employee of the financial institution to testify at the preliminary hearing, or before the grand jury, concerning the financial institution's records with respect to the account upon which the check has been drawn.
Source: SL 1987, ch 170; SL 1991, ch 194; SL 1992, ch 26, §4; SDCL, §22-41-2.3; SL 2005, ch 120, §§138, 139.
Structure South Dakota Codified Laws
Section 22-30A-1 - Theft--Violation.
Section 22-30A-2 - Transfer of another's property as theft.
Section 22-30A-3 - Theft by deception.
Section 22-30A-4 - Theft by threat.
Section 22-30A-6 - Theft of lost or mislaid property.
Section 22-30A-7 - Receiving stolen property.
Section 22-30A-8 - Obtaining property or services without paying.
Section 22-30A-8.1 - Obtaining property or services with false debit or credit card.
Section 22-30A-9 - Diverting services of another.
Section 22-30A-10 - Embezzlement of property received in trust.
Section 22-30A-11 - Disqualification from public office.
Section 22-30A-12 - Unauthorized operation of vehicle or vessel as misdemeanor.
Section 22-30A-13 - Theft by conversion of rented personalty after notice of termination.
Section 22-30A-14 - Affirmative defense to conversion of leased or rented personalty.
Section 22-30A-16 - Ignorance and honest claim of right as affirmative defenses to theft.
Section 22-30A-17 - Grand theft--Felony.
Section 22-30A-17.1 - Aggravated grand theft--Felony.
Section 22-30A-17.2 - Petty theft in the first degree--Misdemeanor.
Section 22-30A-17.3 - Petty theft in the second degree--Misdemeanor.
Section 22-30A-18 - Aggregation of related thefts to determine degree of offense.
Section 22-30A-19.1 - Liability of shoplifter to owner or seller--Penalty.
Section 22-30A-19.2 - Detention of suspected shoplifter--Reasonableness--Grounds.
Section 22-30A-19.3 - Demand for payment by victim of retail theft.
Section 22-30A-19.4 - Failure to pay liability for theft--Penalty doubled.
Section 22-30A-21 - Law enforcement officer retaining seized property as theft.
Section 22-30A-25 - Theft by no account check--Degrees according to amount--Aggregation of checks.
Section 22-30A-28 - Goods, services, taxes, and other obligations as present consideration.
Section 22-30A-29 - Postdated check not in violation.
Section 22-30A-31 - Passing check as prima facie evidence.
Section 22-30A-34 - Contents of notice of dishonor.
Section 22-30A-38 - Combination of instruments--Court.
Section 22-30A-40 - Liability for cost of motor fuel received--Service charge.
Section 22-30A-43 - Payment or dispute of claim--Court action--Service charge and expenses .
Section 22-30A-44 - Criminal action prohibited if retailer receives payment or court award.
Section 22-30A-45 - Public official defined.
Section 22-30A-46 - Public official's use of public funds for official's financial benefit as theft.