23A-42-6. No limitation during time of mental incompetence.
No time during which the defendant is determined to be mentally incompetent to proceed pursuant to chapter 23A-10A is part of any limitation pursuant to this chapter.
Source: SL 2021, ch 107, ยง 3.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 42 - Limitation Of Criminal Prosecutions
Section 23A-42-1 - No limitation on prosecution for Class A, Class B, or Class C felonies.
Section 23A-42-2 - Seven-year limitation on other prosecutions.
Section 23A-42-4 - Prosecution commenced by filing of complaint, information or indictment.
Section 23A-42-5 - Tolling of limitation period while defendant out of state.
Section 23A-42-6 - No limitation during time of mental incompetence.