South Dakota Codified Laws
Chapter 07 - Habitual Offenders
Section 22-7-11 - Habitual criminal information--Filing--Contents--Proof.

22-7-11. Habitual criminal information--Filing--Contents--Proof.
Any allegation that a defendant is an habitual criminal shall be filed as a separate information at the time of, or before, arraignment. However, the court may, upon motion, permit the separate information to be filed after the arraignment, but no less than thirty days before the commencement of trial or entry of a plea of guilty or nolo contendre. The information shall state the times, places, and specific crimes alleged to be prior convictions and shall be signed by the prosecutor. An official court record under seal or a criminal history together with fingerprints certified by the public official having custody thereof is sufficient to be admitted in evidence, without further foundation, to prove the allegation that the defendant is an habitual criminal.

Source: SL 1959, ch 234; SDC Supp 1960, §343009-1; SL 1961, ch 183; SDCL, §23-32-9; SL 1976, ch 158, §7-5; SL 2004, ch 147, §1; SL 2005, ch 120, §388.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 07 - Habitual Offenders

Section 22-7-7 - One or two prior felony convictions--Sentence increased--Limitation--Felony determination.

Section 22-7-8 - Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence.

Section 22-7-8.1 - Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.

Section 22-7-9 - Criteria for consideration of prior convictions.

Section 22-7-10 - Duty of law enforcement personnel to report knowledge of prior convictions.

Section 22-7-11 - Habitual criminal information--Filing--Contents--Proof.

Section 22-7-12 - Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.