Title 23A, CRIMINAL PROCEDURE

The jury, or the court, if a jury trial is waived, shall render a general verdict. In the verdict that is rendered, a determination as to whether the material is obscene shall also be made. Source: SL 1968, ch 29 , § 8; SDCL Supp, § 22-24-18; SL 1974, ch 165 , § 4; SDCL Supp, § 2…

For the purposes of this chapter, "seized property" means all property seized with or without a warrant by any law enforcement officer. Source: SL 1978, ch 178 , § 462.

If there is no claimant or if the right to possession of seized property cannot be determined after a reasonable period of time, the law enforcement agency collecting such property, through an order of the court, may: (1) Transfer ownership of the property to any governmental age…

Chapter 34-20B is specifically exempted from this chapter. Source: SL 1978, ch 178 , § 471.

The provisions of this chapter shall not be exclusive, but shall be supplemental to other laws on the subject. Unless otherwise provided by law, all other property shall be disposed of in such manner as the court shall direct. Source: SL 1978, ch 178 , § 471.

Any controlled weapon or firearm used in violation of chapter 22-14 shall be disposed of as follows: (1) If it is stolen, it shall be returned to the lawful owner upon proof of ownership; (2) If it is illegal, it shall be destroyed pursuant to law; or (3) If it is neither stolen …

Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or firearms pursuant to § 23A-37-13 shall be deposited in the law enforcement officers training fund. Source: SL 2006, ch 137 , § 2.

Any property, which is not contraband, seized or confiscated by law enforcement personnel, ostensibly for use as evidence in a criminal prosecution, shall be preserved, maintained, or stored at the expense of the county where the criminal offense occurred. If the property is not …

Before any property is returned to the owner pursuant to § 23A-37-14 , the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that the pr…

Seized property shall be safely kept and may not be taken from its custodian as long as it is required as evidence in any trial without an order of such court. Source: SL 1978, ch 178 , § 463.

Where seized property is no longer required as evidence the court may transfer such property to the jurisdiction of any other court, including courts of another state or federal courts, where it is shown to the satisfaction of the court that such property is required as evidence …

Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held. An application for the return of real property may be made within thirty days of the seizure of such rea…

All claims for the return of seized property shall be set for a hearing which shall be held not less than five nor more than thirty days after the filing of the first claim. Source: SL 1978, ch 178 , § 467.

The clerk of courts shall issue a notice of a hearing containing a reasonable description of the property and the time, place, and cause of its seizure. Such notice shall be reasonably calculated to apprise the affected person of the pendency of the hearing. Source: SL 1978, ch 1…

Money shall be restored to the owner unless it was used in unlawful gambling or lotteries in which case it shall be paid into the county treasury pursuant to § 16-2-28 . Source: SL 1978, ch 178 , § 469; SL 1982, ch 170 , §§ 1 and 3.

The court shall release all property to its rightful owner, if: (1) The owner is not prohibited by law from possessing such property; (2) The property is not needed as evidence in any judicial proceeding; (3) Satisfactory arrangements have been made to return such property to the…

Articles of contraband or property of an illegal nature shall be destroyed, except that any articles which are capable of lawful use may in the discretion of the court be sold and the proceeds disposed of as provided in § 23A-37-10 . However, the provisions of § 23A-37-13 apply t…

Criminal contempt may be punished summarily if a judge or magistrate judge certifies that he saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the court. An order of contempt shall recite the facts and shall be signed by the ju…

If a prisoner is confined for contempt pursuant to § 23A-38-1 , 23A-38-2 , or 23A-38-5 for refusal, without just cause, to comply with an order to testify or provide other information in a proceeding before a court or grand jury, the period during which the prisoner remains in co…

Criminal contempt, except as provided in § 23A-38-1 , shall be prosecuted after notice is given to the defendant. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting …

Whenever a witness in any proceeding before a grand jury of this state refuses without just cause to comply with an order to testify or provide other information, the prosecuting attorney may apply to the court for an order directing the witness to show cause why the witness shou…

No hearing under § 23A-38-3 shall be held unless seventy - two hours' notice is given to the witness who has refused to comply with the court order, except that a witness may be given a shorter notice if the court, upon a showing of special need, so orders. Source: SL 1978, ch 17…

After submission of an application pursuant to § 23A-38-3 , and a hearing, at which the witness is entitled to be represented by counsel, the court may, upon a finding that such refusal was without just cause, hold the witness in contempt as provided in § 23A-38-2 . Source: SL 19…

In any proceeding conducted under § 23A-38-1 , 23A-38-2 , or 23A-38-5 , including all necessary appeals, counsel shall be appointed as provided in chapter 23A-40 . Source: SL 1978, ch 178 , § 480.

Any person confined pursuant to § 23A-38-1 or 23A-38-2 shall be admitted to bail or released in accordance with chapter 23A-43 , pending the determination of an appeal taken by him from the order of his confinement unless it affirmatively appears that the appeal is frivolous or t…

Any confinement shall be at a suitable correctional facility within the circuit in which the sentencing court is located. Upon a showing of need or hardship the court ordering confinement may grant a request by the witness to be imprisoned at a suitable correctional facility near…

A person fined or imprisoned under § 23A-38-2 or 23A-38-5 for refusal to testify or provide other information concerning any transaction, set of transactions, event, or events in a proceeding before a court or grand jury of this state, may be again fined, imprisoned, or both, und…

A defendant shall be present at his arraignment, at the time of his plea, at every stage of his trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as provided by §§ 23A-39-2 and 23A-39-3 . Source: SDC 1939 & Supp 19…

The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present: (1) In noncapital cases, voluntarily absents himself after the trial has commenced; or (2) Engages in conduct which justifies his being …

A defendant need not be present in the following situations: (1) A corporation may appear by counsel for all purposes; (2) In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence…

If the defendant has been released on bail in accordance with any provision of chapter 23A-43 and does not appear when so ordered by the court, the court, in addition to the forfeiture of bail, may direct the clerk of the court to issue a bench warrant for his arrest. The clerk, …

The bench warrant issued pursuant to § 23A-39-4 may be served in any county, in the same manner as a warrant of arrest. Source: SDC 1939 & Supp 1960, § 34.3702; SDCL, § 23-48-10; SL 1978, ch 178 , § 489.

If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the…

A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of § 23A-40-6 , subdivisions 23A-40-7(2) and …

If the legal services have been provided by a public defender or an attorney with whom a contract has been entered into to provide services in lieu of a public defender, a public defender's lien shall be set by a judge of the circuit court or magistrate judge at a reasonable amou…

Immediately upon payment by the chargeable county or municipality, or upon the setting of the public defender's lien by a circuit court judge or magistrate judge, a statement of claim showing the name and residence of the recipient shall be filed by the county auditor or municipa…

The board of county commissioners of the county or the governing board of the municipality filing the lien may enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lien. Source: SL 1979, ch 159 , § 38; SL 1983, ch 192 , § 4.

No lien provided for in this chapter shall be foreclosed upon the homestead, as defined by chapter 43-31 , of the recipient or his family, nor upon any personal property which is exempt from process under chapter 43-45 . Source: SL 1979, ch 159 , § 39.

If, in the record of a lien made under the provisions of this chapter, the name of the person or persons for whose benefit any payment was made, or the name of a person or persons against whose property a lien may appear to have been created, is shown or stated to have been made …

There is hereby created in the Office of the State Treasurer a court appointed attorney and public defender payment fund. Source: SL 1982, ch 186 , § 6.

All moneys in the court appointed attorney and public defender payment fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and…

Each court-appointed defense attorney shall receive training on mental illness, available mental health services, eligibility criteria and referral processes, and forensic evaluations. Source: SL 2017, ch 109 , § 25, eff. July 1, 2018.

In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have su…

At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant's presence, that the defendant will n…

The board of county commissioners of each county and the governing body of any municipality shall provide for the representation of indigent persons described in § 23A-40-6 . The board or body shall provide this representation by any or all of the following: (1) Establishing and …

Except as provided below, counsel assigned pursuant to § 23A-40-6 and subdivision 23A-40-7 (2) shall, after the disposition of the cause, be paid by the county in which the action is brought, or, in case of a parole revocation, by the county from which the inmate was sentenced, a…