Title 23A — CRIMINAL PROCEDURE

The Office of the Attorney General shall oversee the establishment of a statewide automated victim information and notification (SAVIN) system within the criminal justice system and shall serve as the coordinating agency for the development, implementation and maintenance of any …

Upon the scheduling of a clemency hearing pursuant to chapter 24-14 , the Department of Corrections shall provide notice to the victim. Notice of a clemency hearing shall be made at least two weeks prior to the hearing. The notice shall provide the offender's clemency hearing dat…

The Department of Corrections, through the SAVIN system, shall provide notice to the victim before the date of a discretionary parole hearing. The notice shall provide the inmate's parole eligibility date and the parole hearing date. The notice shall advise the victim that the vi…

The victim may request to be notified by the Department of Corrections through the SAVIN system if: (1) The offender is considered for early final discharge or partial early final discharge from parole; (2) The offender is placed on or removed from work release, a global position…

If the victim is a minor, the victim's parent or guardian may request notification pursuant to this chapter. Source: SL 2014, ch 116 , § 6.

Nothing in §§ 23A-28C-3 and 23A-28C-4 may prevent interagency multidisciplinary teams from sharing information for the purposes of investigating a crime or providing services to victims, as defined in § 23A-28C-4 , in the course of the team member's speciality or occupation. Any …

The Office of the Attorney General shall establish the Office of Liaison for Missing and Murdered Indigenous Persons (MMIP) to assist with and provide training for locating missing or murdered indigenous persons. The Office of the Attorney General shall staff the MMIP with a full…

At the commencement of a criminal proceeding subject to the terms of this chapter, the prosecutor, by first class mail or electronic mail notification, shall advise the victim of the rights set forth in this chapter. In order to take advantage of the rights, the victim shall advi…

A victim may seek a cause of action for injunctive relief to enforce the victim's rights under S.D. Const., Art. VI, § 29 or this chapter. No other cause of action exists against any person for a failure to comply with the terms of this chapter. If a victim asserts in writing to …

For the purposes of this chapter, the term, victim, means any person being the direct subject of an alleged act that would constitute a crime of violence as defined by subdivision 22-1-2(9), burglary in the second degree, simple assault as defined in §§ 22-18-1 and 22-18-1.5 , in…

Any institution under the control of the Department of Corrections or the Department of Human Services or the Department of Social Services, or any jail or other facility where a person is incarcerated due to the commission of a crime, shall provide notice, as soon as possible, i…

Notice as required in § 23A-28C-5 shall be provided directly to the victim by the Department of Corrections through the SAVIN system if the defendant is incarcerated in an institution under the control of the Department of Corrections. If the defendant is incarcerated in an insti…

The board of county commissioners may appoint, with the concurrence of the state's attorney or county sheriff, a victim or witness assistant to assist victims of crime if authorized by the board of county commissioners by resolution entered upon its minutes. The board of county c…

The victim or witness assistant shall: (1) Advise the victim about the legal proceedings in which the victim will be involved; (2) Advise the victim concerning any required appearance at any proceeding and if the proceeding is continued or postponed; (3) Assist the state's attorn…

No person, other than in the performance of official duties, may disclose the identity and biographical information concerning a victim of a crime of violence or of a violation of § 22-22-7 until reasonable efforts have been made to provide notice to one of the immediate family. …

A motion for new trial may be made under the same conditions specified and in the same manner as provided by § 15-6-59(b), except that said motion shall be served and filed not later than ten days after filing of the judgment. Source: SDC 1939 & Supp 1960, §§ 34.4003, 34.4004; SD…

The granting of a new trial places the parties in the same position as if no trial had been had. All evidence must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument. Source: SDC 1939 & Supp 1960, § 34.4001; SDCL, § 23-50-12;…

A court shall arrest judgment if an indictment or information does not charge an offense or if the court does not have jurisdiction of the offense charged. Any party may move to arrest judgment, but such motion must be made within ten days after the verdict or finding of guilty o…

The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment or information was filed. Source: Supreme Court Rule 409, 1939; SDC 1939 & Supp 1960, § 34.3677; SDCL, § 23-47-2; SL 1978, ch 178 , § 382.

If from the evidence introduced at a trial there is probable cause to believe a defendant is guilty, and a new indictment or information can be framed upon which he may be convicted, a court may order him to be recommitted to the officer of the proper county or admitted to bail a…

Clerical mistakes in judgments, orders, or other parts of a record and errors in a record arising from oversight or omission may be corrected by a court at any time and after such notice, if any, as the court orders. Source: SL 1978, ch 178 , § 385.

Upon the motion of the prosecuting attorney, the court may reduce a sentence if the defendant has provided substantial assistance in investigating or prosecuting another person. Whenever granting a sentence reduction pursuant to this section, the court is not prohibited from redu…

Source: SDC 1939 & Supp 1960, § 34.4101; SDCL § 23-51-2; SL 1978, ch 178 , § 402; SL 1979, ch 159 , § 23; SL 1989, ch 201 , § 3; SL 2013, ch 112 , § 1; SL 2021, ch 111 , § 1.

In any criminal action or proceeding in which the court deems it essential to the protection of the substantial rights of the defendant, it shall order such transcript and copies of the shorthand reporter's notes of the evidence and proceedings upon the trial as may be necessary …

Such of the matters specified in § 23A-29-1 as may have been timely presented to the trial court by motion for judgment of acquittal, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for a new trial. Source:…

When an order denying a new trial is assigned as error, the Supreme Court may on such assignment, review all matters properly and timely presented to the trial court by the application for new trial. Source: SDC 1939 & Supp 1960, § 34.4109; SDCL, § 23-51-17; SL 1978, ch 178 , § 3…

The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court. Source: SL 1971, ch 160 ; SDCL Supp, § 23-51-7.1; SL 1978, ch 178 , § 391.

Except as otherwise expressly provided in this chapter, all provisions of Title 15 with reference to settlement of the record, certification, and transmission thereof to the clerk of the Supreme Court, laying the foundation for appellate review of alleged errors, preparing, servi…

Except as provided in § 23A-32-4 , 23A-32-5 , or 23A-32-6 , any appeal other than from a judgment must be taken within thirty days after written notice of the filing of the order shall have been given to the party appealing. An appeal from the judgment must be taken within thirty…

Appeal to the Supreme Court shall be taken by a written notice of appeal, signed by the appellant or his attorney, specifying the order or judgment, or both, appealed from and whether the appeal is taken from the whole or a part thereof, and if from a part only, specifying the pa…

When an appeal is taken, the notice of appeal and all briefs, papers, and notices, either in the Supreme Court or trial court, shall be served on the attorney general as well as the prosecuting attorney, but after the appeal is perfected the attorney general shall otherwise contr…

The Supreme Court, after an appeal has been perfected, may, under the conditions specified and in the same manner as provided by § 15-30-1 , remand the record to the trial court for the purpose of entertaining a motion for new trial. Source: SDC 1939 & Supp 1960, § 34.4112; SDCL,…

The Supreme Court by its judgment may reverse, affirm, or modify the judgment or order appealed from, and may direct a new trial, or when the appeal is from a judgment and the defendant assigns as error a ruling of the court denying a motion for a judgment of acquittal and the co…

An appeal to the Supreme Court may be taken by the defendant from final judgment of conviction. Source: SDC 1939 & Supp 1960, § 34.4101; SDCL, § 23-51-1; SL 1978, ch 178 , § 398.

The personal representative of a deceased defendant's estate, if substituted as a party pursuant to chapter 23A-27 , may commence an appeal on behalf of the defendant subject to the time limits of §

The personal representative of a deceased defendant, if substituted as a party, may continue a pending appeal on behalf of the deceased defendant to the extent that the claim is not extinguished by the death. The personal representative of the defendant's estate may make a motion…

An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a m…

In any case provided for in § 23A-40-6 , brought before the Supreme Court upon appeal, the brief shall be reproduced as specified in subdivision 15-26A-68(2). In such case, the defendant must file with the clerk of the Supreme Court, the original and fourteen copies of the brief,…

An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that: (1) Sets aside a verdict and entering judgment of acquittal; (2) Sustains a motion to dismiss an indictment or informa…

An appeal by a prosecuting attorney may be taken to the Supreme Court from: (1) An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding; (2) An order of a circuit court or a magistrate susta…

An appeal under § 23A-32-4 or 23A-32-5 must be taken within ten days after written notice of entry of the judgment or order. Source: SL 1978, ch 178 , § 404; SL 1979, ch 159 , § 25.

Pending the prosecution and determination of an appeal authorized by § 23A-32-4 or 23A-32-5 , a defendant may be released in accordance with chapter 23A-43 . Source: SL 1978, ch 178 , § 405. 23A-32-8. Reserved

23A-32-10 New trial motion not required to preserve grounds for appeal. 23A-32-11 Scope of review when denial of new trial assigned as error. 23A-32-12 Discretionary appeal from intermediate order before trial--Procedure. 23A-32-13 Constitutional issue first raised on appeal. 23A…

On an appeal from a judgment the Supreme Court may review any order, ruling, or determination of the trial court, involving the merits and necessarily affecting the judgment and appearing upon the record including an order denying a new trial, and whether any such order, ruling, …

Source: SDC 1939 & Supp 1960, § 34.4106; SDCL, § 23-51-12; SL 1978, ch 178 , § 408.

After a judgment of conviction has been rendered but before execution of the sentence thereon, a trial court may in its discretion, if the defendant states that he desires to appeal, stay execution of the sentence for a period not to exceed thirty days. Source: SL 1907, ch 120 , …

A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If the defendant is not admitted to bail, the trial court upon request of the defendant, may order that the defendant be retained at, or transferred to, a place of confinement …

An appeal from an order made before final judgment shall stay further proceedings only by order of the trial court or by order of the Supreme Court. A trial court, however, shall have no power to stay further proceedings on an appeal provided for by § 23A-32-5 or

A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a trial court or by the Supreme Court upon such terms as the court deems proper. A court may require a defendant pending appeal to deposit the whole or any part of his fine and costs with the cl…

An order placing a defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If an order is stayed the court shall fix the terms of the stay. Source: SL 1978, ch 178 , § 410.