South Dakota Codified Laws
Chapter 07 - Arraignment And Pleas
Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.

23A-7-15.(Rule 11(g)) Record of proceedings at which plea entered--Contents.
A verbatim record of the proceedings at which a defendant enters a plea shall be made and, if there is a plea of guilty or nolo contendere, the record shall include, without limitation, the court's advice to the defendant, the inquiry into the voluntariness of the plea including any plea agreement, and the inquiry into the factual basis of a guilty plea. A verbatim record of a proceeding at which a defendant enters a plea to a misdemeanor need not be taken unless requested by the prosecuting attorney or the defendant.

Source: SL 1978, ch 178, §106; SL 1979, ch 159, §7.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 07 - Arraignment And Pleas

Section 23A-7-1 - (Rule 10) Arraignment in open court--Procedure--Verification or correction of name--Copy given to defendant.

Section 23A-7-2 - (Rule 11(a)) Pleas permitted to defendant--Requirements for plea of guilty or nolo contendere.

Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court.

Section 23A-7-4 - (Rule 11(c)) Advice as to rights to defendant pleading guilty or nolo contendere.

Section 23A-7-5 - (Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo contendere plea--Pleading by attorney to misdemeanor--Imposition of sentence.

Section 23A-7-7 - Pleading to habitual offender information--Jury trial.

Section 23A-7-8 - (Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims.

Section 23A-7-8.1 - Victim's failure to comment--Effect.

Section 23A-7-9 - (Rule 11(e)(2)) Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.

Section 23A-7-10 - (Rule 11(e)(3)) Advice to defendant as to acceptance of plea agreement.

Section 23A-7-11 - (Rule 11(e)(4)) Advice to parties as to rejection of plea agreement--Withdrawal of plea by defendant.

Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement.

Section 23A-7-13 - (Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible after withdrawal--Exception in perjury prosecutions.

Section 23A-7-14 - (Rule 11(f)) Factual basis required before acceptance of plea other than nolo contendere.

Section 23A-7-15 - (Rule 11(g)) Record of proceedings at which plea entered--Contents.

Section 23A-7-16 - Guilty but mentally ill plea--Prerequisites to acceptance.