Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-14A-1 Definitions
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Terms used in §§ 23A-14A-1 to 23A-14A-10 , inclusive, mean: (1) "Witness," a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by grand jury or in any criminal action before a cou…
SDCL § 23A-14A-10 Citation
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Sections 23A-14A-1 to 23A-14A-10 , inclusive, may be cited as the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act. Source: SL 2002, ch 119 , § 10.
SDCL § 23A-14A-2 Summoning prisoner in this state to testify in another state--Certificate of out - of - state judge--Hearing
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Any judge of a state court of record in another state, which by its laws has made provisions for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify: (1) That there is a criminal proceeding or investigation by a gra…
SDCL § 23A-14A-3 Issuance of order to attend
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If at the hearing the judge determines: (1) That the witness may be material and necessary; (2) That the witness's attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness; (3) That the laws of the state in which the …
SDCL § 23A-14A-4 Terms and conditions for return, custody--Costs
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The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of the witness's testimony, proper safeguards on the witness's custody, and proper financial reimbursement or prepayment by the requesting jurisd…
SDCL § 23A-14A-5 Exceptions
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Sections 23A-14A-1 to 23A-14A-10 , inclusive, do not apply to any person in this state confined as mentally ill or under sentence of death. Source: SL 2002, ch 119 , § 5.
SDCL § 23A-14A-6 Prisoner from another state summoned to testify in this state--Certificate
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If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a circuit court judge or magistrate may certify: (1) That there is a criminal proceeding or i…
SDCL § 23A-14A-7 Order of compliance with terms and conditions prescribed by out - of - state judge
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The court may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined. Source: SL 2002, ch 119 , § 7.
SDCL § 23A-14A-8 Exemption of prisoner from another state from arrest or service of process
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If a witness from another state comes into or passes through this state under an order directing the witness to attend and testify in this or another state, the witness is not subject, while in this state pursuant to the order, to arrest or the service of process, civil or crimin…
SDCL § 23A-14A-9 Uniformity of interpretation
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The provisions of §§ 23A-14A-1 to 23A-14A-10 , inclusive, shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them. Source: SL 2002, ch 119 , § 9.