South Dakota Codified Laws
Title 23A - Criminal Procedure

Section 23A-2-1 - Complaint as statement of offense--Signature under oath--Traffic ticket issued by law enforcement officer. - 23A-2-1. Complaint as statement of offense--Signature under oath--Traffic ticket issued...

Section 23A-2-2 - (Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons. - 23A-2-2.(Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure...

Section 23A-2-3 - (Rule 4(b)) Evidence furnishing probable cause for warrant or summons. - 23A-2-3.(Rule 4(b)) Evidence furnishing probable cause for warrant or summons....

Section 23A-2-4 - (Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail. - 23A-2-4.(Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to...

Section 23A-2-5 - Copies of warrant sent to law enforcement officers. - 23A-2-5. Copies of warrant sent to law enforcement officers. A...

Section 23A-2-5.1 - Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature. - 23A-2-5.1. Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof...

Section 23A-2-6 - (Rule 4(c)(2)) Contents and signature of summons. - 23A-2-6.(Rule 4(c)(2)) Contents and signature of summons. A summons shall...

Section 23A-2-7 - (Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer. - 23A-2-7.(Rule 4(d)(1)) Execution of warrant or summons by law enforcement...

Section 23A-2-8 - (Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for violation of local ordinance or bylaw. - 23A-2-8.(Rule 4(d)(2)) Place of service of warrant or summons--Restriction when...

Section 23A-2-10 - Time of execution of warrant. - 23A-2-10. Time of execution of warrant. A warrant issued for...

Section 23A-2-11 - Service of summons on corporate defendant. - 23A-2-11. Service of summons on corporate defendant. No warrant of...

Chapter 03 - (Rule 4.1) Arrest

Section 23A-3-1 - Definition of arrest. - 23A-3-1. Definition of arrest. An arrest is the taking of...

Section 23A-3-2 - Law enforcement officer's power to arrest without warrant. - 23A-3-2. Law enforcement officer's power to arrest without warrant. A...

Section 23A-3-2.1 - Circumstances permitting warrantless arrests. - 23A-3-2.1. Circumstances permitting warrantless arrests. Unless the provisions of §22-18-5...

Section 23A-3-3 - Citizen's arrest. - 23A-3-3. Citizen's arrest. Any person may arrest another: (1)For a...

Section 23A-3-4 - Advice as to authority and cause of arrest without warrant. - 23A-3-4. Advice as to authority and cause of arrest without...

Section 23A-3-5 - Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest. - 23A-3-5. Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure...

Section 23A-3-6 - Aid to law enforcement officer on request. - 23A-3-6. Aid to law enforcement officer on request. Every person...

Section 23A-3-7 - Restriction on place of arrest for violation of local ordinance or bylaw. - 23A-3-7. Restriction on place of arrest for violation of local...

Section 23A-3-8 - Receipts given for property taken from person arrested. - 23A-3-8. Receipts given for property taken from person arrested. When...

Section 23A-3-9 - Fresh pursuit misdemeanor arrest by officer of another state. - 23A-3-9. Fresh pursuit misdemeanor arrest by officer of another state....

Section 23A-3-10 - Fresh pursuit felony arrest by officer of another state. - 23A-3-10. Fresh pursuit felony arrest by officer of another state....

Section 23A-3-11 - Other powers of arrest unimpaired by fresh pursuit authority. - 23A-3-11. Other powers of arrest unimpaired by fresh pursuit authority....

Section 23A-3-12 - Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful. - 23A-3-12. Taking before magistrate of person arrested by officer of...

Section 23A-3-13 - District of Columbia treated as state. - 23A-3-13. District of Columbia treated as state. For the purposes...

Section 23A-3-14 - Definition of fresh pursuit for interstate felony arrest. - 23A-3-14. Definition of fresh pursuit for interstate felony arrest. The...

Section 23A-3-15 - Citation of provisions on interstate pursuit. - 23A-3-15. Citation of provisions on interstate pursuit. Sections 23A-3-10 to...

Section 23A-3-16 - Arrest for misdemeanor on intrastate fresh pursuit. - 23A-3-16. Arrest for misdemeanor on intrastate fresh pursuit. Any law...

Section 23A-3-17 - Arrest for felony on intrastate fresh pursuit. - 23A-3-17. Arrest for felony on intrastate fresh pursuit. Any law...

Section 23A-3-18 - Disposition of prisoner taken on intrastate fresh pursuit. - 23A-3-18. Disposition of prisoner taken on intrastate fresh pursuit. If...

Section 23A-3-19 - Definition of fresh pursuit in intrastate felony arrests. - 23A-3-19. Definition of fresh pursuit in intrastate felony arrests. The...

Section 23A-3-20 - Citation of provisions on intrastate fresh pursuit. - 23A-3-20. Citation of provisions on intrastate fresh pursuit. Sections 23A-3-17...

Section 23A-3-24 - Federal law enforcement officer defined. - 23A-3-24. Federal law enforcement officer defined. For the purposes of...

Section 23A-3-25 - Authority of federal law enforcement officer. - 23A-3-25. Authority of federal law enforcement officer. Any federal law...

Section 23A-3-26 - Definition of expungement. - 23A-3-26. Definition of expungement. Terms used in §§23A-3-27 to 23A-3-33,...

Section 23A-3-27 - Motion for expungement of arrest record. - 23A-3-27. Motion for expungement of arrest record. An arrested person...

Section 23A-3-28 - Service of motion--Fee. - 23A-3-28. Service of motion--Fee. At least fourteen days before any...

Section 23A-3-29 - Hearing on motion for expungement. - 23A-3-29. Hearing on motion for expungement. The court may fix...

Section 23A-3-30 - Order of expungement. - 23A-3-30. Order of expungement. The court may enter an order...

Section 23A-3-31 - Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records. - 23A-3-31. Report to Division of Criminal Investigation--Retention and use of...

Section 23A-3-32 - Effect of order of expungement. - 23A-3-32. Effect of order of expungement. The effect of an...

Section 23A-3-33 - No time limitation for making application. - 23A-3-33. No time limitation for making application. A court may...

Section 23A-3-34 - Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement - 23A-3-34. Defendant's public record--Automatic removal of non-felony charges or convictions--Case...

Section 23A-3-35 - Eligibility of person placed in diversion program for expungement of record. - 23A-3-35. Eligibility of person placed in diversion program for expungement...

Section 23A-3-36 - Dismissal of charges and notice of completion of diversion. - 23A-3-36. Dismissal of charges and notice of completion of diversion....

Section 23A-3-37 - Expungement of record on filing of dismissal and notice. - 23A-3-37. Expungement of record on filing of dismissal and notice....

Chapter 04 - Preliminary Proceedings Before Magistrate

Section 23A-4-1 - Arrested person taken before magistrate--Complaint filed on arrest without warrant. - 23A-4-1. Arrested person taken before magistrate--Complaint filed on arrest without...

Section 23A-4-2 - (Rule 5(b)) Procedure on minor offenses cognizable by magistrate court. - 23A-4-2.(Rule 5(b)) Procedure on minor offenses cognizable by magistrate court....

Section 23A-4-3 - (Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing--Charges requiring preliminary hearing--Waiver or scheduling of hearing--Extension of time. - 23A-4-3.(Rule 5(c)) Advice to defendant at initial appearance on charge...

Section 23A-4-4 - Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court. - 23A-4-4. Advice to defendant and admission to bail when initial...

Section 23A-4-5 - Transfer to magistrate judge or circuit court for preliminary hearing. - 23A-4-5. Transfer to magistrate judge or circuit court for preliminary...

Section 23A-4-6 - (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received. - 23A-4-6.(Rule 5.1(a)) Holding for trial when probable cause shown on...

Section 23A-4-7 - (Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense. - 23A-4-7.(Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent...

Section 23A-4-8 - (Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record. - 23A-4-8.(Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers...

Chapter 05 - (Rule 6) The Grand Jury

Section 23A-5-1 - (Rule 6(a)) Circuit court order for grand juries--Number of members--Summons of jurors. - 23A-5-1.(Rule 6(a)) Circuit court order for grand juries--Number of members--Summons...

Section 23A-5-2 - New grand jury ordered after discharge of original jury--Other causes. - 23A-5-2. New grand jury ordered after discharge of original jury--Other...

Section 23A-5-3 - (Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial of challenge. - 23A-5-3.(Rule 6(b)(1)) Grounds for challenge to array or individual jurors--Trial...

Section 23A-5-4 - Summons of new jurors after challenge--Oath of jurors chosen for particular case. - 23A-5-4. Summons of new jurors after challenge--Oath of jurors chosen...

Section 23A-5-5 - (Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified. - 23A-5-5.(Rule 6(b)(2)) Dismissal of indictment because grand jurors not qualified....

Section 23A-5-6 - (Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and duties--Clerk of grand jury--Record of proceedings. - 23A-5-6.(Rule 6(c)) Foreman and deputy foreman of grand jury--Powers and...

Section 23A-5-7 - Oath of grand jurors. - 23A-5-7. Oath of grand jurors. The following oath shall be...

Section 23A-5-8 - Charge to grand jury by court--Commencement of inquiries. - 23A-5-8. Charge to grand jury by court--Commencement of inquiries. After...

Section 23A-5-9 - General powers of grand jury--Access to prisons and records. - 23A-5-9. General powers of grand jury--Access to prisons and records....

Section 23A-5-10 - Advice sought from court or prosecuting attorney. - 23A-5-10. Advice sought from court or prosecuting attorney. The grand...

Section 23A-5-11 - (Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of other persons--Counsel advising witnesses. - 23A-5-11.(Rule 6(d)) Appearance by prosecuting attorneys before grand jury--Presence of...

Section 23A-5-11.1 - Recording of testimony of witness before grand jury. - 23A-5-11.1. Recording of testimony of witness before grand jury. The...

Section 23A-5-12 - Testimony before grand jury by subject of investigation--Waiver of immunity. - 23A-5-12. Testimony before grand jury by subject of investigation--Waiver of...

Section 23A-5-13 - Notice of rights to subject appearing before grand jury. - 23A-5-13. Notice of rights to subject appearing before grand jury....

Section 23A-5-14 - Removal and replacement of attorney for witness appearing before grand jury. - 23A-5-14. Removal and replacement of attorney for witness appearing before...

Section 23A-5-15 - Evidence heard by grand jury--Order for production of evidence. - 23A-5-15. Evidence heard by grand jury--Order for production of evidence....

Section 23A-5-16 - (Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of jurors--Sealing of indictments. - 23A-5-16.(Rule 6(e)) Restrictions on disclosure of grand jury proceedings--Immunity of...

Section 23A-5-17 - Disclosure by prosecuting attorney of evidence received by grand jury. - 23A-5-17. Disclosure by prosecuting attorney of evidence received by grand...

Section 23A-5-18 - (Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named on indictment--Dismissal of charge on failure to indict. - 23A-5-18.(Rule 6(f)) Quorum of grand jury--Votes required for indictment--Witnesses named...

Section 23A-5-19 - Report filed when indictment not issued. - 23A-5-19. Report filed when indictment not issued. The grand jury,...

Section 23A-5-20 - (Rule 6(g)) Term of service of grand jury--Excuse and replacement of jurors. - 23A-5-20.(Rule 6(g)) Term of service of grand jury--Excuse and replacement...

Chapter 06 - Indictment And Information

Section 23A-6-1 - Indictment or information required for prosecution of offense--Exceptions. - 23A-6-1. Indictment or information required for prosecution of offense--Exceptions. Every...

Section 23A-6-3 - Preliminary hearing required for filing felony information--Exceptions. - 23A-6-3. Preliminary hearing required for filing felony information--Exceptions. An information...

Section 23A-6-4 - (Rule 7(c)(1)) Allegations contained in indictment or information--Incorporation by reference--Citation of law--Error in citation. - 23A-6-4.(Rule 7(c)(1)) Allegations contained in indictment or information--Incorporation by reference--Citation...

Section 23A-6-6 - Additional allegations not required against accessory before fact. - 23A-6-6. Additional allegations not required against accessory before fact. No...

Section 23A-6-7 - Contents required for sufficiency of indictment or information. - 23A-6-7. Contents required for sufficiency of indictment or information. An...

Section 23A-6-8 - Presumptions need not be stated--Judicial notice. - 23A-6-8. Presumptions need not be stated--Judicial notice. Neither presumptions of...

Section 23A-6-9 - Precise time of offense need not be stated. - 23A-6-9. Precise time of offense need not be stated. The...

Section 23A-6-10 - Endorsement of witnesses on information--Calling other witnesses. - 23A-6-10. Endorsement of witnesses on information--Calling other witnesses. The prosecuting...

Section 23A-6-11 - Allegation as to money or securities stolen. - 23A-6-11. Allegation as to money or securities stolen. In an...

Section 23A-6-12 - Description of money taken by robbery or theft. - 23A-6-12. Description of money taken by robbery or theft. In...

Section 23A-6-13 - Allegations in indictment or information for perjury. - 23A-6-13. Allegations in indictment or information for perjury. In an...

Section 23A-6-14 - (Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect. - 23A-6-14.(Rule 7(c)(3)) Sufficiency of indictment or information despite nonprejudicial defect....

Section 23A-6-15 - Erroneous allegation as to victim of offense. - 23A-6-15. Erroneous allegation as to victim of offense. When an...

Section 23A-6-16 - Unavailability of instrument on indictment or information for forgery. - 23A-6-16. Unavailability of instrument on indictment or information for forgery....

Section 23A-6-17 - Statutory words not required in indictment or information--Interpretation of words and phrases. - 23A-6-17. Statutory words not required in indictment or information--Interpretation of...

Section 23A-6-18 - (Rule 7(d)) Surplusage stricken on motion. - 23A-6-18.(Rule 7(d)) Surplusage stricken on motion. A circuit court upon...

Section 23A-6-19 - (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial. - 23A-6-19.(Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment...

Section 23A-6-20 - Amendment to correct name of defendant. - 23A-6-20. Amendment to correct name of defendant. When a defendant...

Section 23A-6-22 - Suppression of names and details in rape, incest, or sexual contact prosecution. - 23A-6-22. Suppression of names and details in rape, incest, or...

Section 23A-6-22.1 - Suppression of name of minor victim of rape, incest, or sexual contact and details of alleged acts. - 23A-6-22.1. Suppression of name of minor victim of rape, incest,...

Section 23A-6-23 - (Rule 8(a)) Joinder of related offenses in same indictment or information. - 23A-6-23.(Rule 8(a)) Joinder of related offenses in same indictment or...

Section 23A-6-24 - (Rule 8(b)) Joinder of two or more defendants in same indictment or information. - 23A-6-24.(Rule 8(b)) Joinder of two or more defendants in same...

Section 23A-6-25 - Election between offenses or counts not required--Separate statements in verdict. - 23A-6-25. Election between offenses or counts not required--Separate statements in...

Section 23A-6-26 - (Rule 9(a)) Warrant or summons on indictment--Delivery for execution--Warrant on defendant's failure to respond to summons. - 23A-6-26.(Rule 9(a)) Warrant or summons on indictment--Delivery for execution--Warrant on...

Section 23A-6-27 - (Rule 9(b)(1)) Form of warrant--Contents--Endorsement as to bail. - 23A-6-27.(Rule 9(b)(1)) Form of warrant--Contents--Endorsement as to bail. A warrant...

Section 23A-6-28 - (Rule 9(b)(2)) Form and contents of summons--Time of required appearance--Signature. - 23A-6-28.(Rule 9(b)(2)) Form and contents of summons--Time of required appearance--Signature....

Section 23A-6-29 - (Rule 9(c)(1)) Execution or service of warrant or summons--Arrested person brought before court. - 23A-6-29.(Rule 9(c)(1)) Execution or service of warrant or summons--Arrested person...

Section 23A-6-29.1 - Powers granted magistrate judge. - 23A-6-29.1. Powers granted magistrate judge. If directed to do so...

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

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

Section 23A-7-3 - (Rule 11(b)) Consent required for nolo contendere plea--Considerations by court. - 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. - 23A-7-4.(Rule 11(c)) Advice as to rights to defendant pleading guilty...

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. - 23A-7-5.(Rule 11(d)) Ascertainment of voluntary nature of guilty or nolo...

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

Section 23A-7-8 - (Rule 11(e)(1)) Plea bargaining permitted--Concessions by prosecutor permitted--Notice to victims. - 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. - 23A-7-8.1. Victim's failure to comment--Effect. If a victim or his...

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

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

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

Section 23A-7-12 - (Rule 11(e)(5)) Time of notification to court of plea agreement. - 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. - 23A-7-13.(Rule 11(e)(6)) Evidence of guilty or nolo contendere plea inadmissible...

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

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...

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

Chapter 08 - (Rule 12) Pleadings And Pretrial Motions

Section 23A-8-1 - (Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings. - 23A-8-1.(Rule 12(a)) Pleadings enumerated--Motions replacing previous forms of pleadings. Except...

Section 23A-8-2 - Grounds for dismissal of indictment or information on motion. - 23A-8-2. Grounds for dismissal of indictment or information on motion....

Section 23A-8-3 - (Rule 12(b)) Defenses and objections raised by motion--Issues that must be raised before trial. - 23A-8-3.(Rule 12(b)) Defenses and objections raised by motion--Issues that must...

Section 23A-8-4 - (Rule 12(c)) Setting time for making and hearing motions. - 23A-8-4.(Rule 12(c)) Setting time for making and hearing motions. A...

Section 23A-8-5 - Subsequent hearing on motion to suppress newly discovered evidence. - 23A-8-5. Subsequent hearing on motion to suppress newly discovered evidence....

Section 23A-8-6 - (Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use specified evidence. - 23A-8-6.(Rule 12(d)(1)) Notice to defendant of prosecutor's intention to use...

Section 23A-8-8 - (Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as to fact. - 23A-8-8.(Rule 12(e)) Determination of motions before trial--Deferment to trial--Findings as...

Section 23A-8-9 - (Rule 12(f)) Waiver of defenses or objections by failure to raise before trial--Relief from waiver. - 23A-8-9.(Rule 12(f)) Waiver of defenses or objections by failure to...

Section 23A-8-10 - (Rule 12(g)) Record of hearing on motions. - 23A-8-10.(Rule 12(g)) Record of hearing on motions. A verbatim record...

Section 23A-8-11 - (Rule 12(h)) Continuation in custody or on bail after grant of defendant's motion--Subsequent prosecution for same offense--Limitation statutes. - 23A-8-11.(Rule 12(h)) Continuation in custody or on bail after grant...

Chapter 09 - (Rule 12.1) Notice Of Alibi

Section 23A-9-1 - (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents. - 23A-9-1.(Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents....

Section 23A-9-2 - (Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense. - 23A-9-2.(Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi...

Section 23A-9-3 - (Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi. - 23A-9-3.(Rule 12.1(c)) Notice to adverse party of newly discovered witness...

Section 23A-9-4 - (Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify. - 23A-9-4.(Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right...

Section 23A-9-5 - (Rule 12.1(e)) Exception granted to notice requirements. - 23A-9-5.(Rule 12.1(e)) Exception granted to notice requirements. For good cause...

Section 23A-9-6 - (Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal. - 23A-9-6.(Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal. Evidence...

Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense

Section 23A-10-2 - Form of plea raising defense. - 23A-10-2. Form of plea raising defense. A defendant in a...

Section 23A-10-3 - (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed. - 23A-10-3.(Rule 12.2(b)) Notice to prosecutor of intention to use expert...

Section 23A-10-4 - (Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged. - 23A-10-4.(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court...

Section 23A-10-5 - (Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination. - 23A-10-5.(Rule 12.2(d)) Exclusion of testimony on failure to give notice...

Section 23A-10-6 - Mistrial when defense raised without pleading--Subsequent trial. - 23A-10-6. Mistrial when defense raised without pleading--Subsequent trial. If, during...

Section 23A-10-7 - Independent psychiatric examination--Court approval--Notice--Cost. - 23A-10-7. Independent psychiatric examination--Court approval--Notice--Cost. Subject to court approval, the...

Chapter 10A - Inquiry Into Defendant's Mental Competency To Proceed

Section 23A-10A-1 - Definition of mental incompetency. - 23A-10A-1. Definition of mental incompetency. The term, "mentally incompetent to...

Section 23A-10A-2 - Incompetent person cannot be tried, sentenced or punished. - 23A-10A-2. Incompetent person cannot be tried, sentenced or punished. A...

Section 23A-10A-3 - Hearing on mental condition--Mental examination and report. - 23A-10A-3. Hearing on mental condition--Mental examination and report. At any...

Section 23A-10A-4 - Commitment--Finding required--Duration. - 23A-10A-4. Commitment--Finding required--Duration. If, after the hearing, the court finds...

Section 23A-10A-4.1 - Recovery of defendant--Notice--Hearing--Discharge--Bail. - 23A-10A-4.1. Recovery of defendant--Notice--Hearing--Discharge--Bail. If the director of the facility...

Section 23A-10A-4.2 - Findings as to mental competence not prejudicing insanity defense--Inadmissible. - 23A-10A-4.2. Findings as to mental competence not prejudicing insanity defense--Inadmissible....

Section 23A-10A-5 - Suspension of proceedings pending determination of defendant's competency. - 23A-10A-5. Suspension of proceedings pending determination of defendant's competency. The...

Section 23A-10A-6 - Rules governing competency proceedings. - 23A-10A-6. Rules governing competency proceedings. The proceedings on the question...

Section 23A-10A-6.1 - Burden and standard of proof. - 23A-10A-6.1. Burden and standard of proof. If the defendant, state,...

Section 23A-10A-10 - Expense of maintenance of defendant committed. - 23A-10A-10. Expense of maintenance of defendant committed. The expenses of...

Section 23A-10A-13 - Approved facility defined. - 23A-10A-13. Approved facility defined. The term, approved facility, as used...

Section 23A-10A-13.1 - Restoration to competency program defined. - 23A-10A-13.1 . Restoration to competency program defined. The term, restoration...

Section 23A-10A-14 - Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding. - 23A-10A-14. Facility's report--Length of commitment determined--Review after one year--Dismissal on...

Section 23A-10A-15 - Length of detention for Class A, B, or C felony. - 23A-10A-15. Length of detention for Class A, B, or C...

Section 23A-10A-16 - Time in approved facility credited to term of imprisonment. - 23A-10A-16. Time in approved facility credited to term of imprisonment....

Section 23A-10A-17 - Statistical report on competency examinations. - 23A-10A-17. Statistical report on competency examinations. The Unified Judicial System...

Chapter 11 - Joinder For Trial

Section 23A-11-1 - (Rule 13) Joinder for trial of indictments, informations, or defendants. - 23A-11-1.(Rule 13) Joinder for trial of indictments, informations, or defendants....

Section 23A-11-2 - (Rule 14) Relief from prejudicial joinder of offenses or defendants. - 23A-11-2.(Rule 14) Relief from prejudicial joinder of offenses or defendants....

Chapter 12 - (Rule 15) Depositions

Section 23A-12-1 - (Rule 15 (a)) Depositions ordered only as specifically authorized--Order to preserve testimony for trial--Production of other evidence--Witness committed on failure to give bail. - 23A-12-1.(Rule 15 (a)) Depositions ordered only as specifically authorized--Order to...

Section 23A-12-2 - (Rule 15(b)) Notice to parties of time and place of deposition--Production of defendant in custody--Defendant's right to attend. - 23A-12-2.(Rule 15(b)) Notice to parties of time and place of...

Section 23A-12-3 - (Rule 15(c)) Governmental payment of defendant's expenses for deposition. - 23A-12-3.(Rule 15(c)) Governmental payment of defendant's expenses for deposition. Whenever...

Section 23A-12-4 - (Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense of prior statements of witness. - 23A-12-4.(Rule 15(d)) Manner of taking and filing deposition--Disclosure to defense...

Section 23A-12-5 - Sealing and endorsement of deposition--Transmittal to court. - 23A-12-5. Sealing and endorsement of deposition--Transmittal to court. A deposition...

Section 23A-12-6 - (Rule 15(e)) Circumstances permitting use of deposition at trial--Use for impeachment--Parts of deposition used. - 23A-12-6.(Rule 15(e)) Circumstances permitting use of deposition at trial--Use for...

Section 23A-12-7 - (Rule 15(f)) Time of objecting to testimony in deposition--Objections to receiving in evidence. - 23A-12-7.(Rule 15(f)) Time of objecting to testimony in deposition--Objections to...

Section 23A-12-8 - (Rule 15(g)) Agreement of parties as to taking or use of deposition. - 23A-12-8.(Rule 15(g)) Agreement of parties as to taking or use...

Section 23A-12-9 - Video recording of young sex crime or human trafficking victim's testimony at preliminary hearing or deposition--Use at trial. - 23A-12-9. Video recording of young sex crime or human trafficking...

Section 23A-12-10 - Hearing to record testimony as to additional evidence. - 23A-12-10. Hearing to record testimony as to additional evidence. Upon...

Chapter 13 - (Rule 16) Discovery

Section 23A-13-1 - (Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of corporate defendants. - 23A-13-1.(Rule 16(a)(1)(A)) Prosecution evidence discoverable by defendant--Statements of employees of...

Section 23A-13-2 - (Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant on request. - 23A-13-2.(Rule 16(a)(1)(B)) Copy of prior criminal record furnished to defendant...

Section 23A-13-3 - (Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and tangible evidence. - 23A-13-3.(Rule 16(a)(1)(C)) Defendant's right to inspect and copy documentary and...

Section 23A-13-4 - (Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of examinations or scientific tests. - 23A-13-4.(Rule 16(a)(1)(D)) Defendant's right to inspect and copy results of...

Section 23A-13-5 - Work product protected from discovery by defendant. - 23A-13-5. Work product protected from discovery by defendant. Except as...

Section 23A-13-6 - Statement by witness not discoverable until testimony in preliminary hearing or trial. - 23A-13-6. Statement by witness not discoverable until testimony in preliminary...

Section 23A-13-7 - Prior statements of prosecution witnesses subject to discovery after direct examination. - 23A-13-7. Prior statements of prosecution witnesses subject to discovery after...

Section 23A-13-8 - Excision from statement of prosecution witness of matter not testified to--Delivery to defendant--Preservation of entire statement for appeal--Recess to permit examination by defendant. - 23A-13-8. Excision from statement of prosecution witness of matter not...

Section 23A-13-9 - Testimony stricken when prosecution elects not to produce prior statement--Mistrial. - 23A-13-9. Testimony stricken when prosecution elects not to produce prior...

Section 23A-13-10 - Kinds of prior statements subject to discovery by defendant. - 23A-13-10. Kinds of prior statements subject to discovery by defendant....

Section 23A-13-11 - (Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions. - 23A-13-11.(Rule 16(a)(3)) Grand jury proceedings not discoverable--Exceptions. Except as provided...

Section 23A-13-12 - (Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution. - 23A-13-12.(Rule 16(b)(1)(A)) Defendant's documentary and tangible evidence discoverable by prosecution....

Section 23A-13-13 - Results of examinations and scientific tests discoverable by prosecution. - 23A-13-13. Results of examinations and scientific tests discoverable by prosecution....

Section 23A-13-14 - (Rule 16(b)(2)) Defense work product protected from discovery. - 23A-13-14.(Rule 16(b)(2)) Defense work product protected from discovery. Except as...

Section 23A-13-15 - (Rule 16(c)) Notice to adverse party of newly discovered evidence subject to discovery. - 23A-13-15.(Rule 16(c)) Notice to adverse party of newly discovered evidence...

Section 23A-13-16 - (Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of entire statement for appellate record. - 23A-13-16.(Rule 16(d)(1)) Restriction of rights of discovery or inspection--Preservation of...

Section 23A-13-17 - (Rule 16(d)(2)) Remedies on failure of party to comply with discovery requirements--Manner of discovery and inspection. - 23A-13-17.(Rule 16(d)(2)) Remedies on failure of party to comply with...

Section 23A-13-18 - (Rule 16(e)) Discovery of alibi witnesses. - 23A-13-18.(Rule 16(e)) Discovery of alibi witnesses. Discovery of alibi witnesses...

Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses

Section 23A-14-2 - Attorneys' subpoena for witnesses within state. - 23A-14-2. Attorneys' subpoena for witnesses within state. A prosecuting attorney...

Section 23A-14-3 - (Rule 17(b)) Subpoenas for indigent defendant--Payment of costs. - 23A-14-3.(Rule 17(b)) Subpoenas for indigent defendant--Payment of costs. If a...

Section 23A-14-4 - Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued by clerk of court. - 23A-14-4. Committing magistrate's subpoenas for witnesses within state--Blank subpoenas issued...

Section 23A-14-5 - (Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights. - 23A-14-5.(Rule 17(c)) Documentary or tangible evidence required by subpoena--Modification--Inspection rights....

Section 23A-14-6 - (Rule 17(d)) Service of subpoena--Tender of fees and mileage. - 23A-14-6.(Rule 17(d)) Service of subpoena--Tender of fees and mileage. A...

Section 23A-14-7 - (Rule 17(e)(1)) Place of service of subpoena. - 23A-14-7.(Rule 17(e)(1)) Place of service of subpoena. A subpoena requiring...

Section 23A-14-7.1 - Expenses paid for out-of-county or indigent witness produced by state pursuant to subpoena or undertaking. - 23A-14-7.1. Expenses paid for out-of-county or indigent witness produced by...

Section 23A-14-9 - (Rule 17(f)(1)) Authority for subpoena for deposition. - 23A-14-9.(Rule 17(f)(1)) Authority for subpoena for deposition. An order to...

Section 23A-14-10 - (Rule 17(f)(2)) Place attendance required for deposition. - 23A-14-10.(Rule 17(f)(2)) Place attendance required for deposition. The witness whose...

Section 23A-14-11 - John Doe subpoena for examination before magistrate--Compelling obedience. - 23A-14-11. John Doe subpoena for examination before magistrate--Compelling obedience. Whenever...

Section 23A-14-12 - Advice as to rights given to John Doe witness--Immunity provisions applicable. - 23A-14-12. Advice as to rights given to John Doe witness--Immunity...

Section 23A-14-13 - Record of John Doe testimony--Warrant for arrest of offender. - 23A-14-13. Record of John Doe testimony--Warrant for arrest of offender....

Section 23A-14-14 - Interstate summons of witnesses--Definition of terms. - 23A-14-14. Interstate summons of witnesses--Definition of terms. Terms used in...

Section 23A-14-15 - Hearing on certification from another state as to witness required from this state. - 23A-14-15. Hearing on certification from another state as to witness...

Section 23A-14-16 - Summons to appear in another state issued after hearing--Protection accorded witness. - 23A-14-16. Summons to appear in another state issued after hearing--Protection...

Section 23A-14-17 - Placement of witness in custody of officer from other state. - 23A-14-17. Placement of witness in custody of officer from other...

Section 23A-14-18 - Punishment for contempt by witnesses summoned for appearance in another state--Fees to which entitled. - 23A-14-18. Punishment for contempt by witnesses summoned for appearance in...

Section 23A-14-19 - Certificate by judge or magistrate for summons of witness from another state--Recommendation for immediate custody. - 23A-14-19. Certificate by judge or magistrate for summons of witness...

Section 23A-14-20 - Fees tendered to witness summoned from another state. - 23A-14-20. Fees tendered to witness summoned from another state. If...

Section 23A-14-21 - Duration of stay required of witness summoned from another state. - 23A-14-21. Duration of stay required of witness summoned from another...

Section 23A-14-22 - Immunity from process of witness summoned from another state. - 23A-14-22. Immunity from process of witness summoned from another state....

Section 23A-14-23 - Immunity from process of witness passing through under interstate summons. - 23A-14-23. Immunity from process of witness passing through under interstate...

Section 23A-14-24 - Punishment for contempt by witness summoned from another state. - 23A-14-24. Punishment for contempt by witness summoned from another state....

Section 23A-14-25 - (Rule 17(g)) Disobedience of subpoena as contempt of court. - 23A-14-25.(Rule 17(g)) Disobedience of subpoena as contempt of court. Failure...

Section 23A-14-26 - Motions relating to subpoena--Hearing. - 23A-14-26. Motions relating to subpoena--Hearing. A motion relating to a...

Section 23A-14-27 - Stay of subpoena until ruling on motion. - 23A-14-27. Stay of subpoena until ruling on motion. If a...

Section 23A-14-28 - Sanctions for oppressive subpoenas. - 23A-14-28. Sanctions for oppressive subpoenas. The court may impose appropriate...

Section 23A-14-29 - Self-incriminating testimony required under promise of immunity--Restrictions on use of information. - 23A-14-29. Self-incriminating testimony required under promise of immunity--Restrictions on use...

Chapter 14A - Uniform Rendition Of Prisoners As Witnesses In Criminal Proceedings Act

Section 23A-14A-1 - Definitions. - 23A-14A-1. Definitions. Terms used in §§23A-14A-1 to 23A-14A-10, inclusive, mean:...

Section 23A-14A-2 - Summoning prisoner in this state to testify in another state--Certificate of out-of-state judge--Hearing. - 23A-14A-2. Summoning prisoner in this state to testify in another...

Section 23A-14A-3 - Issuance of order to attend. - 23A-14A-3. Issuance of order to attend. If at the hearing...

Section 23A-14A-4 - Terms and conditions for return, custody--Costs. - 23A-14A-4. Terms and conditions for return, custody--Costs. The order to...

Section 23A-14A-5 - Exceptions. - 23A-14A-5. Exceptions. Sections 23A-14A-1 to 23A-14A-10, inclusive, do not apply...

Section 23A-14A-6 - Prisoner from another state summoned to testify in this state--Certificate. - 23A-14A-6. Prisoner from another state summoned to testify in this...

Section 23A-14A-7 - Order of compliance with terms and conditions prescribed by out-of-state judge. - 23A-14A-7. Order of compliance with terms and conditions prescribed by...

Section 23A-14A-8 - Exemption of prisoner from another state from arrest or service of process. - 23A-14A-8. Exemption of prisoner from another state from arrest or...

Section 23A-14A-9 - Uniformity of interpretation. - 23A-14A-9. Uniformity of interpretation. The provisions of §§23A-14A-1 to 23A-14A-10,...

Section 23A-14A-10 - Citation. - 23A-14A-10. Citation. Sections 23A-14A-1 to 23A-14A-10, inclusive, may be cited...

Chapter 15 - (Rule 17.1) Pretrial Conference

Section 23A-15-1 - Order for conference to consider preliminary matters--Defendant not represented by counsel. - 23A-15-1. Order for conference to consider preliminary matters--Defendant not represented...

Section 23A-15-2 - Memorandum of matters agreed upon at conference. - 23A-15-2. Memorandum of matters agreed upon at conference. At the...

Section 23A-15-3 - Verbal admissions at conference not used against defendant. - 23A-15-3. Verbal admissions at conference not used against defendant. No...

Chapter 16 - Jurisdiction And Venue Of Offenses And Proceedings

Section 23A-16-1 - Concurrent state jurisdiction of offenses on Indian reservations within state. - 23A-16-1. Concurrent state jurisdiction of offenses on Indian reservations within...

Section 23A-16-2 - State jurisdiction of offense commenced outside state and consummated within state. - 23A-16-2. State jurisdiction of offense commenced outside state and consummated...

Section 23A-16-3 - (Rule 18) Right to speedy trial by impartial jury--Venue in county where offense committed. - 23A-16-3.(Rule 18) Right to speedy trial by impartial jury--Venue in...

Section 23A-16-5 - Proceedings taken within judicial circuit--Issues of fact determined within county--Circuit judge orders in chambers. - 23A-16-5. Proceedings taken within judicial circuit--Issues of fact determined within...

Section 23A-16-7 - Venue of offense commenced outside state. - 23A-16-7. Venue of offense commenced outside state. When a person...

Section 23A-16-8 - Venue of offense committed partly in one county and partly in another. - 23A-16-8. Venue of offense committed partly in one county and...

Section 23A-16-9 - Venue of offense on or near county boundary. - 23A-16-9. Venue of offense on or near county boundary. When...

Section 23A-16-10 - Venue of offense on state boundary water--Change of venue. - 23A-16-10. Venue of offense on state boundary water--Change of venue....

Section 23A-16-11 - Venue of homicide prosecution in county where fatal injury inflicted. - 23A-16-11. Venue of homicide prosecution in county where fatal injury...

Section 23A-16-12 - Venue when stolen property taken from one county to another. - 23A-16-12. Venue when stolen property taken from one county to...

Section 23A-16-13 - Venue of offense by sending letter from one county to another. - 23A-16-13. Venue of offense by sending letter from one county...

Section 23A-16-14 - Venue of offense by use of mails. - 23A-16-14. Venue of offense by use of mails. Where the...

Section 23A-16-15 - Venue of prosecution of principal not present at commission of offense. - 23A-16-15. Venue of prosecution of principal not present at commission...

Section 23A-16-16 - Venue of prosecution of accessory where principal offense committed in another county. - 23A-16-16. Venue of prosecution of accessory where principal offense committed...

Section 23A-16-17 - County seat municipality which lies in more than one county. - 23A-16-17.County seat municipality which lies in more than one county....

Section 23A-16-18 - Venue of prosecution of perjury. - 23A-16-18. Venue of prosecution of perjury. Perjury may be prosecuted...

Chapter 17 - Transfer Of Proceedings From County

Section 23A-17-1 - (Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where arrested or held--Approval by prosecuting attorneys--Transmittal of papers. - 23A-17-1.(Rule 20(a)) Consent by defendant to waive trial and accept...

Section 23A-17-3 - (Rule 20(c)) Return of papers to original county when defendant pleads not guilty. - 23A-17-3.(Rule 20(c)) Return of papers to original county when defendant...

Section 23A-17-5 - (Rule 21(a)) Change of county when fair trial impossible in original county. - 23A-17-5.(Rule 21(a)) Change of county when fair trial impossible in...

Section 23A-17-6 - (Rule 21(b)) Change of county for convenience on consent of parties. - 23A-17-6.(Rule 21(b)) Change of county for convenience on consent of...

Section 23A-17-7 - (Rule 21(c)) Transmittal of papers on change of counties. - 23A-17-7.(Rule 21(c)) Transmittal of papers on change of counties. When...

Section 23A-17-8 - (Rule 22) Time for motion to transfer. - 23A-17-8.(Rule 22) Time for motion to transfer. A motion to...

Chapter 18 - (Rule 23) Trial By Jury Or Court

Section 23A-18-1 - (Rule 23(a)) Trial by jury unless waived by parties. - 23A-18-1.(Rule 23(a)) Trial by jury unless waived by parties. Cases...

Section 23A-18-2 - (Rule 23(b)) Number of jurors--Stipulation for smaller jury. - 23A-18-2.(Rule 23(b)) Number of jurors--Stipulation for smaller jury. Juries shall...

Section 23A-18-3 - (Rule 23(c)) Findings of fact in trial without jury. - 23A-18-3.(Rule 23(c)) Findings of fact in trial without jury. In...

Chapter 19 - The Jury Panel

Section 23A-19-1 - Panel defined. - 23A-19-1. Panel defined. A panel is a list of jurors...

Section 23A-19-2 - Challenge to panel defined. - 23A-19-2. Challenge to panel defined. A challenge to a panel...

Section 23A-19-3 - Grounds for challenge to panel--Bias of officer summoning additional jurors. - 23A-19-3. Grounds for challenge to panel--Bias of officer summoning additional...

Section 23A-19-4 - Time for challenge to panel--Ground stated. - 23A-19-4. Time for challenge to panel--Ground stated. A challenge to...

Section 23A-19-5 - Challenge to panel when several defendants tried together. - 23A-19-5. Challenge to panel when several defendants tried together. When...

Section 23A-19-6 - Objection to challenge--Entry and trial. - 23A-19-6. Objection to challenge--Entry and trial. An objection to a...

Section 23A-19-7 - Trial of sufficiency of challenge--Trial of fact issues. - 23A-19-7. Trial of sufficiency of challenge--Trial of fact issues. A...

Section 23A-19-8 - Examination of officers on trial of challenge to panel. - 23A-19-8. Examination of officers on trial of challenge to panel....

Section 23A-19-9 - New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed. - 23A-19-9. New jury on allowance of challenge to panel--Jury impaneled...

Section 23A-19-10 - Calling of jurors' names when case ready for trial--Attachment for absent jurors. - 23A-19-10. Calling of jurors' names when case ready for trial--Attachment...

Section 23A-19-11 - Drawing of names of jurors. - 23A-19-11. Drawing of names of jurors. At the opening of...

Chapter 20 - (Rule 24) The Trial Jury

Section 23A-20-1 - Jurors summoned for civil actions used for criminal trials. - 23A-20-1. Jurors summoned for civil actions used for criminal trials....

Section 23A-20-2 - Alternative methods of selecting jurors. - 23A-20-2. Alternative methods of selecting jurors. When prospective jurors are...

Section 23A-20-3 - Call of jurors equal to number required including challenges. - 23A-20-3. Call of jurors equal to number required including challenges....

Section 23A-20-4 - Formation of trial jury as in civil actions. - 23A-20-4. Formation of trial jury as in civil actions. Trial...

Section 23A-20-6 - Prospective jurors--Examination. - 23A-20-6. Prospective jurors--Examination. The defense attorney or the defendant, if...

Section 23A-20-7 - Oath of panel members. - 23A-20-7. Oath of panel members. All members of the panel...

Section 23A-20-7.1 - Affirmation permitted in lieu of oath. - 23A-20-7.1. Affirmation permitted in lieu of oath. Any person required...

Section 23A-20-8 - Excuse and replacement of juror disqualified for cause--Challenges for cause on record. - 23A-20-8. Excuse and replacement of juror disqualified for cause--Challenges for...

Section 23A-20-9 - Kinds of challenge for cause--Taken by either party. - 23A-20-9. Kinds of challenge for cause--Taken by either party. A...

Section 23A-20-10 - Order of taking challenges for cause. - 23A-20-10. Order of taking challenges for cause. All challenges for...

Section 23A-20-13.1 - Challenges for cause in criminal cases. - 23A-20-13.1. Challenges for cause in criminal cases. Challenges for cause...

Section 23A-20-14 - Entry in minutes of challenge to individual juror. - 23A-20-14. Entry in minutes of challenge to individual juror. A...

Section 23A-20-15 - Objections to challenge of jurors--Denial of facts. - 23A-20-15. Objections to challenge of jurors--Denial of facts. An adverse...

Section 23A-20-16 - Trial by court of challenges. - 23A-20-16. Trial by court of challenges. All challenges, whether to...

Section 23A-20-17 - Examination as witness of challenged juror--Evidence received. - 23A-20-17. Examination as witness of challenged juror--Evidence received. When a...

Section 23A-20-18 - Allowance or disallowance of challenge to individual juror. - 23A-20-18. Allowance or disallowance of challenge to individual juror. When...

Section 23A-20-19 - Peremptory challenge defined--Either party. - 23A-20-19. Peremptory challenge defined--Either party. A peremptory challenge is an...

Section 23A-20-20 - (Rule 24(b)) Number of peremptory challenges allowed. - 23A-20-20.(Rule 24(b)) Number of peremptory challenges allowed. If an offense...

Section 23A-20-21 - Additional challenges granted by court. - 23A-20-21. Additional challenges granted by court. For good cause shown,...

Section 23A-20-22 - Challenges allowed when more than one defendant. - 23A-20-22. Challenges allowed when more than one defendant. If there...

Section 23A-20-23 - Time of motion for additional challenges. - 23A-20-23. Time of motion for additional challenges. A motion made...

Section 23A-20-24 - Alternative methods of exercising peremptory challenges. - 23A-20-24. Alternative methods of exercising peremptory challenges. If prospective jurors...

Section 23A-20-25 - Alternating peremptory challenges. - 23A-20-25. Alternating peremptory challenges. Following examination of the jurors called...

Section 23A-20-26 - Peremptory challenges exercised as in civil trials. - 23A-20-26. Peremptory challenges exercised as in civil trials. When prospective...

Section 23A-20-27 - Trial jury constituted after peremptory challenges--Last jurors chosen as alternates. - 23A-20-27. Trial jury constituted after peremptory challenges--Last jurors chosen as...

Section 23A-20-28 - (Rule 24(c)) Impaneling of alternate jurors--Replacement of regular jurors--Qualifications and oaths. - 23A-20-28.(Rule 24(c)) Impaneling of alternate jurors--Replacement of regular jurors--Qualifications and...

Section 23A-20-28.1 - Additional methods of choosing alternate jurors. - 23A-20-28.1. Additional methods of choosing alternate jurors. In addition to...

Section 23A-20-29 - Grounds for excuse of juror during trial. - 23A-20-29. Grounds for excuse of juror during trial. If, before...

Section 23A-20-30 - Degree of kindred--Direct and collateral line--Descending and ascending direct line--Degrees in collateral line. - 23A-20-30. Degree of kindred--Direct and collateral line--Descending and ascending direct...

Chapter 21 - (Rule 25) Disability Or Disqualification Of Judge

Section 23A-21-1 - Disqualification as in civil actions. - 23A-21-1. Disqualification as in civil actions. A judge or magistrate...

Section 23A-21-2 - Magistrate pro tempore to replace magistrate disqualified for bias or prejudice. - 23A-21-2. Magistrate pro tempore to replace magistrate disqualified for bias...

Section 23A-21-3 - (Rule 25(a)) Replacement of judge disabled during jury trial. - 23A-21-3.(Rule 25(a)) Replacement of judge disabled during jury trial. If...

Section 23A-21-4 - (Rule 25(b)) Assignment to replace judge disabled after verdict or conviction--New trial. - 23A-21-4.(Rule 25(b)) Assignment to replace judge disabled after verdict or...

Chapter 22 - Evidence

Section 23A-22-2 - Civil rules applicable except as provided. - 23A-22-2. Civil rules applicable except as provided. The rules of...

Section 23A-22-3 - Innocence presumed--Reasonable doubt requires acquittal. - 23A-22-3. Innocence presumed--Reasonable doubt requires acquittal. A defendant in a...

Section 23A-22-4 - Facts put in issue by not guilty plea. - 23A-22-4. Facts put in issue by not guilty plea. A...

Section 23A-22-5 - Burden of proof as to mitigation or excuse in homicide prosecution. - 23A-22-5. Burden of proof as to mitigation or excuse in...

Section 23A-22-6 - Defendant's right to testify--No presumption from failure to testify. - 23A-22-6. Defendant's right to testify--No presumption from failure to testify....

Section 23A-22-7 - Discharge of defendant to testify against codefendant. - 23A-22-7. Discharge of defendant to testify against codefendant. When two...

Section 23A-22-8 - Corroboration of accomplice's testimony required for conviction. - 23A-22-8. Corroboration of accomplice's testimony required for conviction. A conviction...

Section 23A-22-9 - (Rule 26.1) Notice of issue concerning law of foreign country--Sources considered--Determination as question of law. - 23A-22-9.(Rule 26.1) Notice of issue concerning law of foreign country--Sources...

Section 23A-22-10 - (Rule 27) Proof of official record or lack of record. - 23A-22-10.(Rule 27) Proof of official record or lack of record....

Section 23A-22-11 - (Rule 28) Appointment and compensation of interpreter. - 23A-22-11.(Rule 28) Appointment and compensation of interpreter. A court may...

Section 23A-22-12 - Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense. - 23A-22-12. Dying declarations defined--Admissibility in homicide prosecutions--Admissibility for defense. Dying...

Section 23A-22-13 - Overt acts required for conspiracy conviction. - 23A-22-13. Overt acts required for conspiracy conviction. In prosecutions for...

Section 23A-22-14 - Proof of incorporation of bank not required in forgery or counterfeiting prosecution--Expert testimony as to forgery or counterfeiting. - 23A-22-14. Proof of incorporation of bank not required in forgery...

Section 23A-22-16 - Proof of marriages in bigamy prosecutions. - 23A-22-16. Proof of marriages in bigamy prosecutions. In prosecutions for...

Section 23A-22-17 - View of place of offense by jury--Protection of jury from unlawful communication. - 23A-22-17. View of place of offense by jury--Protection of jury...

Chapter 23 - (Rule 29) Motion For Judgment Of Acquittal

Section 23A-23-1 - (Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered with or without motion on close of evidence for either side--Defendant's right to offer evidence after denial of motion. - 23A-23-1.(Rule 29(a)) Motion for directed verdict abolished--Judgment of acquittal entered...

Section 23A-23-2 - (Rule 29(b)) Reservation of decision on motion made at close of trial--Time of ruling. - 23A-23-2.(Rule 29(b)) Reservation of decision on motion made at close...

Section 23A-23-3 - (Rule 29(c)) Motion made after discharge of jury--Setting aside guilty verdict--Prior motion not required. - 23A-23-3.(Rule 29(c)) Motion made after discharge of jury--Setting aside guilty...

Section 23A-23-4 - Renewal of motion not required for review on appeal. - 23A-23-4. Renewal of motion not required for review on appeal....

Chapter 24 - Conduct Of Trial

Section 23A-24-2 - Order of proceedings at trial. - 23A-24-2. Order of proceedings at trial. After a jury has...

Section 23A-24-3 - Departure from order of proceedings for good cause. - 23A-24-3. Departure from order of proceedings for good cause. When...

Section 23A-24-4 - Separation or segregation of jurors before submission of case--Oath of officers in charge of jury. - 23A-24-4. Separation or segregation of jurors before submission of case--Oath...

Section 23A-24-5 - Admonition to jurors on each adjournment of court. - 23A-24-5. Admonition to jurors on each adjournment of court. Jurors...

Section 23A-24-6 - Minor's testimony as to sexual offense involving child--Open only to certain persons--Exception for grand jury proceedings. - 23A-24-6. Minor's testimony as to sexual offense involving child--Open only...

Section 23A-24-7 - Removal of victim and parent or guardian from courtroom. - 23A-24-7. Removal of victim and parent or guardian from courtroom....

Section 23A-24-8 - Victim unable to attend trial or hearing--Selection of representative. - 23A-24-8. Victim unable to attend trial or hearing--Selection of representative....

Section 23A-24-9 - Failure of victim to exercise rights not grounds for appeal, reversal or remand. - 23A-24-9. Failure of victim to exercise rights not grounds for...

Section 23A-24-10 - Certified therapeutic dogs--Definitions. - 23A-24-10 . Certified therapeutic dogs--Definitions. In any criminal proceeding, upon...

Section 23A-24-11 - Introduction of certified therapeutic dog--Motion--Contents. - 23A-24-11 . Introduction of certified therapeutic dog--Motion--Contents. Before the introduction...

Section 23A-24-12 - Certified handlers--Limitations. - 23A-24-12 . Certified handlers--Limitations. If the court grants a motion...

Chapter 25 - Jury Instructions And Deliberations

Section 23A-25-2 - Duty to receive law laid down by court. - 23A-25-2. Duty to receive law laid down by court. Although...

Section 23A-25-3 - Statements of law included in charge--Exclusive judges of fact. - 23A-25-3. Statements of law included in charge--Exclusive judges of fact....

Section 23A-25-3.1 - Instruction on presumption of innocence required. - 23A-25-3.1. Instruction on presumption of innocence required. In each criminal...

Section 23A-25-3.2 - Jury instructions--Certified therapeutic dogs. - 23A-25-3.2 . Jury instructions--Certified therapeutic dogs. If a certified therapeutic...

Section 23A-25-4 - Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions. - 23A-25-4. Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing...

Section 23A-25-5 - Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict. - 23A-25-5. Officers sworn to protect privacy of jury--Overnight sequestration or...

Section 23A-25-5.1 - Oath of officers to protect privacy of jury. - 23A-25-5.1. Oath of officers to protect privacy of jury. Before...

Section 23A-25-6 - Retirement for deliberation--Room provided--Food and lodging during deliberation. - 23A-25-6. Retirement for deliberation--Room provided--Food and lodging during deliberation. After...

Section 23A-25-7 - Evidence and instructions kept by jury during deliberation. - 23A-25-7. Evidence and instructions kept by jury during deliberation. Upon...

Section 23A-25-8 - Request by jury for further instructions--Notice to and presence of parties. - 23A-25-8. Request by jury for further instructions--Notice to and presence...

Section 23A-25-9 - Discharge of jury on disability of member--Exception. - 23A-25-9. Discharge of jury on disability of member--Exception. If, after...

Section 23A-25-10 - Jury not discharged until verdict rendered--Exceptions. - 23A-25-10. Jury not discharged until verdict rendered--Exceptions. Except as provided...

Section 23A-25-11 - New trial when jury discharged before verdict. - 23A-25-11. New trial when jury discharged before verdict. In all...

Section 23A-25-12 - Court open for other business during jury deliberations--Discharge of jury by final adjournment. - 23A-25-12. Court open for other business during jury deliberations--Discharge of...

Section 23A-25-13 - Guilty but mentally ill verdict--Forms furnished--Instructions. - 23A-25-13. Guilty but mentally ill verdict--Forms furnished--Instructions. If a defense...

Chapter 26 - (Rule 31) Verdict

Section 23A-26-1 - (Rule 31(a)) Unanimous verdict required--Return in open court. - 23A-26-1.(Rule 31(a)) Unanimous verdict required--Return in open court. A jury...

Section 23A-26-2 - (Rule 31(b)) Return of verdict as to one of two or more defendants--Retrial of defendants as to whom verdict not reached. - 23A-26-2.(Rule 31(b)) Return of verdict as to one of two...

Section 23A-26-3 - General verdict required--Special verdict permitted. - 23A-26-3. General verdict required--Special verdict permitted. Except as provided in...

Section 23A-26-4 - Form of general verdict on not guilty plea. - 23A-26-4. Form of general verdict on not guilty plea. A...

Section 23A-26-5 - Form of verdict acquitting for insanity. - 23A-26-5. Form of verdict acquitting for insanity. If a defendant...

Section 23A-26-6 - Direction to reconsider improper verdict. - 23A-26-6. Direction to reconsider improper verdict. If a jury renders...

Section 23A-26-7 - Verdict as to degree of crime--Lowest degree found on reasonable doubt. - 23A-26-7. Verdict as to degree of crime--Lowest degree found on...

Section 23A-26-8 - (Rule 31(c)) Conviction of included offense or attempt. - 23A-26-8.(Rule 31(c)) Conviction of included offense or attempt. A defendant...

Section 23A-26-9 - Appearance of defendant--When required for verdict. - 23A-26-9. Appearance of defendant--When required for verdict. If an indictment...

Section 23A-26-10 - (Rule 31(d)) Polling of jury after verdict returned--Further deliberation or discharge if not unanimous. - 23A-26-10.(Rule 31(d)) Polling of jury after verdict returned--Further deliberation or...

Section 23A-26-11 - Recording of verdict--Inquiry of jury. - 23A-26-11. Recording of verdict--Inquiry of jury. When a verdict is...

Section 23A-26-12 - Remand to custody on verdict of guilty or guilty but mentally ill--Commitment hearing on acquittal for insanity. - 23A-26-12. Remand to custody on verdict of guilty or guilty...

Section 23A-26-12.1 - Mental examination and report before hearing. - 23A-26-12.1. Mental examination and report before hearing. Prior to the...

Section 23A-26-12.2 - Hearing. - 23A-26-12.2. Hearing. A hearing shall be conducted pursuant to the...

Section 23A-26-12.3 - Burden of proof. - 23A-26-12.3. Burden of proof. In a hearing pursuant to §23A-26-12.2,...

Section 23A-26-12.4 - Commitment--Duration. - 23A-26-12.4. Commitment--Duration. If, after the hearing, the court fails to...

Section 23A-26-12.5 - Release--Procedure--Compliance with prescribed regimen as condition. - 23A-26-12.5. Release--Procedure--Compliance with prescribed regimen as condition. When the administrator...

Section 23A-26-12.6 - Failure to comply with regimen--Notice--Arrest--Court determination. - 23A-26-12.6. Failure to comply with regimen--Notice--Arrest--Court determination. The director of...

Section 23A-26-14 - Guilty but mentally ill verdict--Required findings. - 23A-26-14. Guilty but mentally ill verdict--Required findings. If the defendant...

Chapter 27 - Sentence And Judgment

Section 23A-27-1 - (Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or aggravation of punishment--Presentence hearing for juvenile--Restitution. - 23A-27-1.(Rule 32(a)(1)) Time of imposition of sentence--Hearing in mitigation or...

Section 23A-27-1.1 - Victim's oral impact statement to court before sentence imposed--Response of defendant--Victim defined. - 23A-27-1.1. Victim's oral impact statement to court before sentence imposed--Response...

Section 23A-27-1.2 - Notice to victim of hearing to reduce sentence--Address to court by victim--Response by defendant--Continuance. - 23A-27-1.2. Notice to victim of hearing to reduce sentence--Address to...

Section 23A-27-1.3 - Victim's written impact statement to court before sentence imposed--Response of defendant--Victim defined. - 23A-27-1.3. Victim's written impact statement to court before sentence imposed--Response...

Section 23A-27-2 - No forfeiture of property unless expressly imposed. - 23A-27-2. No forfeiture of property unless expressly imposed. No conviction...

Section 23A-27-3 - (Rule 32(a)(2)) Advice as to appeal rights after sentence on not guilty plea. - 23A-27-3.(Rule 32(a)(2)) Advice as to appeal rights after sentence on...

Section 23A-27-4 - (Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier defined. - 23A-27-4.(Rule 32(b)(1)) Contents of judgment--Imprisonment in state penitentiary--Multiple convictions--Discharge--Signature--Filing--Crime qualifier...

Section 23A-27-4.1 - Relief from judgment--Grounds--Time of motion. - 23A-27-4.1. Relief from judgment--Grounds--Time of motion. Within a reasonable time...

Section 23A-27-5 - (Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant convicted. - 23A-27-5.(Rule 32(c)(1)) Presentence investigation and report--Contents not disclosed unless defendant...

Section 23A-27-6 - (Rule 32(c)(2)) Contents of report of presentence investigation. - 23A-27-6.(Rule 32(c)(2)) Contents of report of presentence investigation. The report...

Section 23A-27-7 - (Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material kept from defendant--Comments and other evidence received. - 23A-27-7.(Rule 32(c)(3)(A)) Parties' access to presentence report before sentence imposed--Material...

Section 23A-27-8 - (Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence report--Comments received. - 23A-27-8.(Rule 32(c)(3)(B)) Summary given to defendant in lieu of presentence...

Section 23A-27-9 - (Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties. - 23A-27-9.(Rule 32(c)(3)(C)) Disclosures from presentence report same for both parties....

Section 23A-27-10 - (Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing with board of pardons and paroles, penitentiary sheriffs and jail administrators--Use of information upon written order of judge. - 23A-27-10.(Rule 32(c)(3)(D)) Return of presentence report to court services officer--Filing...

Section 23A-27-11 - (Rule 32(d)) Time for withdrawal of plea of guilty or nolo contendere. - 23A-27-11.(Rule 32(d)) Time for withdrawal of plea of guilty or...

Section 23A-27-12 - (Rule 32(e)) Placement on probation--Exception. - 23A-27-12.(Rule 32(e)) Placement on probation--Exception. After conviction of an offense...

Section 23A-27-12.1 - Supervision of probationers--Performance of special conditions--Payment of costs. - 23A-27-12.1. Supervision of probationers--Performance of special conditions--Payment of costs. Upon...

Section 23A-27-12.2 - Order suspending imposition of misdemeanor sentence and placing defendant on probation--Eligibility--Revocation of suspension. - 23A-27-12.2. Order suspending imposition of misdemeanor sentence and placing defendant...

Section 23A-27-13 - Order suspending imposition of felony sentence and placing defendant on probation--Eligibility--Revocation of suspension. - 23A-27-13. Order suspending imposition of felony sentence and placing defendant...

Section 23A-27-13.1 - Copy of suspension order forwarded to criminal investigation division. - 23A-27-13.1. Copy of suspension order forwarded to criminal investigation division....

Section 23A-27-13.2 - Probationary supervision by court terminated upon imposition of sentence requiring supervision by executive branch. - 23A-27-13.2. Probationary supervision by court terminated upon imposition of sentence...

Section 23A-27-14 - Discharge and dismissal of probationer on completion of conditions--No judgment entered--Limitation. - 23A-27-14. Discharge and dismissal of probationer on completion of conditions--No...

Section 23A-27-14.1 - Revocation or refusal of certificate of teacher, administrator, or other educational professional. - 23A-27-14.1. Revocation or refusal of certificate of teacher, administrator, or...

Section 23A-27-14.2 - Revocation or refusal of gaming or racing license--Conditional license. - 23A-27-14.2. Revocation or refusal of gaming or racing license--Conditional license....

Section 23A-27-15 - Suspension of sentence as conviction for purposes of habitual offender law. - 23A-27-15. Suspension of sentence as conviction for purposes of habitual...

Section 23A-27-16 - Report to criminal investigation division of discharge and dismissal of probationer--Limited purpose of record. - 23A-27-16. Report to criminal investigation division of discharge and dismissal...

Section 23A-27-17 - Sealing of records on discharge of probationer--Effect of order--Future statements by defendant as to conviction. - 23A-27-17. Sealing of records on discharge of probationer--Effect of order--Future...

Section 23A-27-18 - Suspension of execution of sentence--Conditions. - 23A-27-18. Suspension of execution of sentence--Conditions. Upon conviction, the sentencing...

Section 23A-27-18.1 - Imprisonment as condition of probation or suspension of sentence--Credit for time. - 23A-27-18.1. Imprisonment as condition of probation or suspension of sentence--Credit...

Section 23A-27-18.2 - Supervision of person sentenced to county jail or state penitentiary as condition of suspension. - 23A-27-18.2. Supervision of person sentenced to county jail or state...

Section 23A-27-18.3 - Conditions required on probation or suspension of sentence. - 23A-27-18.3. Conditions required on probation or suspension of sentence. The...

Section 23A-27-18.4 - Suspension of penitentiary sentence--Conditions--Supervision. - 23A-27-18.4. Suspension of penitentiary sentence--Conditions--Supervision. Upon conviction, the sentencing court...

Section 23A-27-18.5 - Continuing jurisdiction to revoke probation or suspended execution of sentence. - 23A-27-18.5. Continuing jurisdiction to revoke probation or suspended execution of...

Section 23A-27-18.6 - Maintenance of good disciplinary record and compliance with program requirements. - 23A-27-18.6. Maintenance of good disciplinary record and compliance with program...

Section 23A-27-18.7 - Inmate under suspended sentence considered parolee. - 23A-27-18.7. Inmate under suspended sentence considered parolee. If an inmate...

Section 23A-27-19 - Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and victim--Supervision--Revocation. - 23A-27-19. Continuing jurisdiction to suspend sentence--Notice to prosecuting attorney and...

Section 23A-27-19.1 - Suspension of probationary period--Conditions. - 23A-27-19.1. Suspension of probationary period--Conditions. The running of a probationer's...

Section 23A-27-20 - (Rule 32(f)) Hearing required to revoke probation or suspension of sentence--Bail pending hearing. - 23A-27-20.(Rule 32(f)) Hearing required to revoke probation or suspension of...

Section 23A-27-20.1 - Modification of terms and conditions of probation. - 23A-27-20.1. Modification of terms and conditions of probation. The court,...

Section 23A-27-21 - Warrantless arrest and taking into custody of person on probation or with suspended sentence--Conditions. - 23A-27-21. Warrantless arrest and taking into custody of person on...

Section 23A-27-21.1 - Court services officer--Order authorizing law enforcement officer to aid in arrest or taking into custody. - 23A-27-21.1. Court services officer--Order authorizing law enforcement officer to aid...

Section 23A-27-21.2 - Detainer authorizing detention of probationer to obtain warrant, revocation, bond hearing, or court order. - 23A-27-21.2. Detainer authorizing detention of probationer to obtain warrant, revocation,...

Section 23A-27-24 - Execution against property of organization for collection of fine--Duty of officers to pay. - 23A-27-24. Execution against property of organization for collection of fine--Duty...

Section 23A-27-25 - Fines and penalties paid into county treasury--Exceptions--Use for schools. - 23A-27-25. Fines and penalties paid into county treasury--Exceptions--Use for schools....

Section 23A-27-25.1 - Provisions for payment of fines, costs and restitution, etc.--Community service. - 23A-27-25.1. Provisions for payment of fines, costs and restitution, etc.--Community...

Section 23A-27-25.2 - Costs and restitution designated as punishment. - 23A-27-25.2. Costs and restitution designated as punishment. In any case...

Section 23A-27-25.3 - Failure to comply with conditions of suspended sentence--Defendant to show cause. - 23A-27-25.3. Failure to comply with conditions of suspended sentence--Defendant to...

Section 23A-27-25.4 - Default in payment of fine or costs and restitution. - 23A-27-25.4. Default in payment of fine or costs and restitution....

Section 23A-27-25.5 - Hearing required prior to imprisonment or jailing for failure to pay fine, costs, and restitution--Burden of proof--Computation of time to be served. - 23A-27-25.5. Hearing required prior to imprisonment or jailing for failure...

Section 23A-27-25.6 - Fine, costs, or restitution as a lien in civil action--No discharge from imprisonment until full amount paid. - 23A-27-25.6. Fine, costs, or restitution as a lien in civil...

Section 23A-27-25.7 - Objection to fines or costs--Defendant sentenced to penitentiary--Hearing. - 23A-27-25.7. Objection to fines or costs--Defendant sentenced to penitentiary--Hearing. If...

Section 23A-27-25.8 - Reduction of fines or costs for work performed--Department of Corrections to track--Defendant responsible for remainder. - 23A-27-25.8. Reduction of fines or costs for work performed--Department of...

Section 23A-27-26 - Judgment against defendant for costs--Items excluded--Enforcement as civil judgment. - 23A-27-26. Judgment against defendant for costs--Items excluded--Enforcement as civil judgment....

Section 23A-27-27 - Fees and costs included in judgment for costs against defendant. - 23A-27-27. Fees and costs included in judgment for costs against...

Section 23A-27-28 - Entry and docketing of judgment for costs against defendant. - 23A-27-28. Entry and docketing of judgment for costs against defendant....

Section 23A-27-29 - Copy of judgment for costs furnished to officer for execution. - 23A-27-29. Copy of judgment for costs furnished to officer for...

Section 23A-27-30 - Delivery of defendant and judgment to penitentiary. - 23A-27-30. Delivery of defendant and judgment to penitentiary. If the...

Section 23A-27-31 - Sheriff requiring assistance while conveying defendant to prison. - 23A-27-31. Sheriff requiring assistance while conveying defendant to prison. The...

Section 23A-27-32 - Restitution plan and statement of crime provided--Presentence investigation report in lieu of statement. - 23A-27-32. Restitution plan and statement of crime provided--Presentence investigation report...

Section 23A-27-33 - Duties of court reporter and clerk on execution of sentence to penitentiary. - 23A-27-33. Duties of court reporter and clerk on execution of...

Section 23A-27-34 - Filing by warden of official statements--Inspection by secretary and Governor. - 23A-27-34. Filing by warden of official statements--Inspection by secretary and...

Section 23A-27-35 - Suspension of civil rights on sentence to penitentiary--Prisoner as witness--Restoration of rights--Voting rights. - 23A-27-35. Suspension of civil rights on sentence to penitentiary--Prisoner as...

Section 23A-27-36.1 - Sentence to commence after expiration of last sentence of imprisonment. - 23A-27-36.1. Sentence to commence after expiration of last sentence of...

Section 23A-27-38 - Guilty but mentally ill finding or plea--Sentence--Treatment. - 23A-27-38. Guilty but mentally ill finding or plea--Sentence--Treatment. If a...

Section 23A-27-39 - Discharge of guilty but mentally ill defendant by treating facility--Report. - 23A-27-39. Discharge of guilty but mentally ill defendant by treating...

Section 23A-27-40 - Probation for defendant guilty but mentally ill--Treatment as condition. - 23A-27-40. Probation for defendant guilty but mentally ill--Treatment as condition....

Section 23A-27-41 - Facilities providing treatment for mentally ill probationer--Payment of expense. - 23A-27-41. Facilities providing treatment for mentally ill probationer--Payment of expense....

Section 23A-27-42 - Presentence hearing on mental condition. - 23A-27-42. Presentence hearing on mental condition. A defendant found guilty...

Section 23A-27-43 - Mental examination and report before hearing. - 23A-27-43. Mental examination and report before hearing. Prior to the...

Section 23A-27-44 - Conduct of hearing. - 23A-27-44. Conduct of hearing. The hearing shall be conducted pursuant...

Section 23A-27-45 - Commitment--Finding--Provisional sentence. - 23A-27-45. Commitment--Finding--Provisional sentence. If, after hearing, the court finds by...

Section 23A-27-46 - Recovery of defendant--Notice--Final sentencing. - 23A-27-46. Recovery of defendant--Notice--Final sentencing. When the administrator of the...

Section 23A-27-47 - Confidentiality of records--Court order. - 23A-27-47. Confidentiality of records--Court order. Records prepared or maintained by...

Section 23A-27-47.1 - Motion to access court services records or testimony on court services records--Notice. - 23A-27-47.1. Motion to access court services records or testimony on...

Section 23A-27-49 - Posthumous sentencing of certain defendants. - 23A-27-49. Posthumous sentencing of certain defendants. Upon the death of...

Section 23A-27-50 - Substitution of personal representative for appeal purposes. - 23A-27-50. Substitution of personal representative for appeal purposes. If a...

Section 23A-27-52 - Defendant serving in military or veteran. - 23A-27-52. Defendant serving in military or veteran. If a defendant...

Section 23A-27-53 - Probation for violation of § 22-42-5 or .1--Treatment--Revocation. - 23A-27-53. Probation for violation of §22-42-5 or 22-42-5.1--Treatment--Revocation. After receiving...

Chapter 27A - Capital Punishment

Section 23A-27A-1 - Mitigating and aggravating circumstances considered by judge or jury. - 23A-27A-1. Mitigating and aggravating circumstances considered by judge or jury....

Section 23A-27A-2 - Presentence hearing required--Relevant evidence. - 23A-27A-2. Presentence hearing required--Relevant evidence. In all cases in which...

Section 23A-27A-3 - Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury. - 23A-27A-3. Jury to determine existence of mitigating or aggravating circumstances--Instructions...

Section 23A-27A-4 - Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea. - 23A-27A-4. Aggravating circumstance and recommendation of death penalty required for...

Section 23A-27A-5 - Written designation of aggravating circumstances required. - 23A-27A-5. Written designation of aggravating circumstances required. The jury, if...

Section 23A-27A-6 - Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition. - 23A-27A-6. Designation by judge in nonjury cases--At least one aggravating...

Section 23A-27A-7 - Sentence of death--Copies of judgment provided to officials. - 23A-27A-7. Sentence of death--Copies of judgment provided to officials. Upon...

Section 23A-27A-8 - Accumulation of prior capital felony records by Supreme Court--Staff and methods. - 23A-27A-8. Accumulation of prior capital felony records by Supreme Court--Staff...

Section 23A-27A-9 - Review by Supreme Court required when death penalty imposed--Procedure. - 23A-27A-9. Review by Supreme Court required when death penalty imposed--Procedure....

Section 23A-27A-10 - Sentence review consolidated with direct appeal--Decision. - 23A-27A-10. Sentence review consolidated with direct appeal--Decision. The sentence review...

Section 23A-27A-11 - Procedure on appeal from capital punishment case--Briefs--Oral argument. - 23A-27A-11. Procedure on appeal from capital punishment case--Briefs--Oral argument. Except...

Section 23A-27A-12 - Factors reviewed by Supreme Court regarding sentence. - 23A-27A-12. Factors reviewed by Supreme Court regarding sentence. With regard...

Section 23A-27A-13 - Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar-case records provided to resentencing judge. - 23A-27A-13. Reference to similar cases to be included in decision--Death...

Section 23A-27A-15 - Warrant of death sentence and execution--Time of execution. - 23A-27A-15. Warrant of death sentence and execution--Time of execution. Whenever...

Section 23A-27A-16 - Delivery of defendant with warrant to penitentiary. - 23A-27A-16. Delivery of defendant with warrant to penitentiary. Within ten...

Section 23A-27A-17 - Date and time of execution--Warden to make public announcement. - 23A-27A-17. Date and time of execution--Warden to make public announcement....

Section 23A-27A-19 - Investigation by Governor. - 23A-27A-19. Investigation by Governor. The Governor may make such investigation...

Section 23A-27A-20 - Reprieve or suspension of sentence by Governor during investigation. - 23A-27A-20. Reprieve or suspension of sentence by Governor during investigation....

Section 23A-27A-21 - Power to reprieve or suspend sentence limited to Governor--Exception. - 23A-27A-21. Power to reprieve or suspend sentence limited to Governor--Exception....

Section 23A-27A-22 - Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court. - 23A-27A-22. Mental incompetence of defendant--Notice to Governor, secretary of corrections,...

Section 23A-27A-22.1 - Hearings and examinations regarding mental competence of defendant--Change in circumstances. - 23A-27A-22.1. Hearings and examinations regarding mental competence of defendant--Change in...

Section 23A-27A-22.2 - Psychiatric examination. - 23A-27A-22.2. Psychiatric examination. Any psychiatric examination ordered pursuant to §23A-27A-22.1...

Section 23A-27A-22.3 - Psychiatric report. - 23A-27A-22.3. Psychiatric report. Any psychiatric report ordered pursuant to §23A-27A-22.1...

Section 23A-27A-22.4 - Video tape record of psychiatric examination. - 23A-27A-22.4. Video tape record of psychiatric examination. Upon written request...

Section 23A-27A-22.5 - Counsel for defendant--Rights afforded at hearing. - 23A-27A-22.5. Counsel for defendant--Rights afforded at hearing. At any hearing...

Section 23A-27A-26.1 - Death penalty not to be imposed on intellectually disabled person. - 23A-27A-26.1. Death penalty not to be imposed on intellectually disabled...

Section 23A-27A-26.2 - Intellectual disability defined. - 23A-27A-26.2. Intellectual disability defined. As used in §§23A-27A-26.1 to 23A-27A-26.7,...

Section 23A-27A-26.3 - Procedures for determining intellectual disability of defendant. - 23A-27A-26.3. Procedures for determining intellectual disability of defendant. Not later...

Section 23A-27A-26.4 - Appeal by state. - 23A-27A-26.4. Appeal by state. If the court enters an order...

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South Dakota Codified Laws Title 23A - Criminal Procedure

South Dakota Codified Laws
Title 23A - Criminal Procedure