Title 23A, CRIMINAL PROCEDURE

In all other prosecutions for a public offense and all proceedings of a quasi - criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the pros…

When the defendant is charged with forgery or theft, an action described in § 23A-42-2 shall be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years has elapsed at the time of prosecution, shall in all cases…

All actions referred to in §§ 23A-42-1 to 23A-42-3 , inclusive, shall be deemed commenced by the filing of a complaint, information or indictment with any committing magistrate or clerk of any court having jurisdiction of the offense. Source: SL 1927, ch 91 ; SDC 1939 & Supp 1960…

If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§ 23A-42-1 to 23A-42-3 , inclusive, after his coming within the state, and no time during which the defendant is no…

No time during which the defendant is determined to be mentally incompetent to proceed pursuant to chapter 23A-10A is part of any limitation pursuant to this chapter. Source: SL 2021, ch 107 , § 3.

If the magistrate or court that imposed the conditions of release is not available for review pursuant to § 23A-43-8 or 23A-43-9 , any other committing magistrate or court in the circuit may review such conditions. Source: SL 1978, ch 178 , § 511.

If at any time during the course of a prosecution it appears that a defendant who has been conditionally released is not subject to the jurisdiction of the court imposing such conditions, and it appears that he is subject to prosecution in another court, the committing magistrate…

Information stated in, or offered in connection with, any order entered pursuant to §§ 23A-43-1 to 23A-43-13 , inclusive, need not conform to the rules pertaining to the admissibility of evidence in a court of law. Source: SL 1978, ch 178 , § 513.

Nothing contained in §§ 23A-43-1 to 23A-43-12 , inclusive, shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court. Source: SL 1978, ch 178 , § 514.

A defendant who is detained, or whose release on a condition requiring him to return to custody after specified hours is continued, after review of his application pursuant to § 23A-43-7 , 23A-43-8 , 23A-43-9 , or 23A-43-10 by a committing magistrate, other than a judge of the co…

In any case in which a defendant is detained after a court denies a motion under § 23A-43-14 to amend an order imposing conditions of release, or after conditions of release have been imposed or amended by a judge of the court having original jurisdiction over the offense charged…

On motion of a defendant who has been convicted of an offense, the court in which the conviction was had may release the defendant prior to the entry of judgment, pending the expiration of time for filing notice of appeal, and pending the outcome of the appeal. The court in deter…

On a motion pursuant to § 23A-43-16 , the burden of establishing that a defendant will not flee or pose a danger to any other person or to the community rests with the defendant. Source: SL 1978, ch 178 , § 518; SL 1985, ch 200 , § 3.

If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and if it is shown that it may become impracticable to secure his presence by subpoena, a committing magistrate or court shall impose conditions of release upon him pursuant to §§ 23…

When proof is made to any committing magistrate that a person previously released on the execution of an appearance bail bond with one or more sureties is about to abscond, and that his bail is insufficient, the committing magistrate shall require such person to give better secur…

Except for a defendant charged with an offense punishable by death or a defendant who is currently released on personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court be ordered released pending trial on his personal recognizance o…

A person who is charged with an offense punishable by death shall be treated in accordance with the provisions of § 23A-43-3 , unless the committing magistrate has reason to believe that no one or more conditions of release will reasonably assure that the person will not flee or …

Every surety, except a corporate surety authorized by chapter 58-21 , shall justify by affidavit and may be required to describe in the affidavit the property by which he proposes to justify and the encumbrances on it, the number and amount of other bonds and undertakings for bai…

Upon a showing that there has been a material breach of a condition of release without good cause, the court shall declare a forfeiture of the bond, if any, and shall enter an order revoking the conditions of release. If the defendant is not in custody, the court shall direct the…

A court may direct that a forfeiture be set aside, upon such conditions as it may impose, if it appears that justice does not require enforcement of the forfeiture. Source: CCrimP 1877, § 559; CL 1887, § 7611; RCCrimP 1903, § 592; RC 1919, § 4602; SDC 1939 & Supp 1960, § 34.1809;…

When a forfeiture has not been set aside, a court shall on motion enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit themselves to the jurisdiction of the circuit court and irrevocably appoint the clerk of the court of the co…

After entry of such judgment, a court may remit the bond in whole or in part under such conditions as it may impose, if it appears that justice does not require the enforcement of the forfeiture. Source: SL 1978, ch 178 , § 526.

After the forfeiture of recognizance, bond or undertaking of bail, including an appearance bond, the prosecuting attorney shall proceed, with all due diligence, by action against the bail upon the instrument so forfeited. If money deposited instead of bail, including an appearanc…

Upon order of the court for the reinstatement of bond or undertaking of bail, previously forfeited, the county treasurer shall pay to the clerk of court or other officer with whom it was originally deposited such bond or undertaking of bail. Source: SL 1978, ch 173 , § 2; SDCL Su…

When the condition of a bond has been satisfied or the forfeiture of a bond has been set aside or remitted, a court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defenda…

When a defendant is committed pursuant to § 23A-26-12 , the court shall exonerate his bail pursuant to § 23A-43-24 . Source: CCrimP 1877, § 410; CL 1887, § 7437; RCCrimP 1903, § 417; RC 1919, § 4934; SDC 1939 & Supp 1960, § 34.3676; SDCL, § 23-48-2; SL 1978, ch 178 , § 528.

If a defendant is committed as mentally ill, the court shall exonerate his bail pursuant to § 23A-43-24 . Source: SDC 1939 & Supp 1960, § 34.2004; SDCL, § 23-38-7; SL 1978, ch 175 , § 9; SL 1978, ch 178 , § 529.

Any defendant who is released on the execution of an appearance bail bond with one or more sureties may, if he violates the conditions of his release, in vacation, be arrested by his surety, delivered to a law enforcement officer, and brought before any committing magistrate. At …

If a determination is made that a release pursuant to § 23A-43-2 will not reasonably assure the appearance of the defendant as required, the committing magistrate or court shall, either in lieu of or in addition to the methods of release described in § 23A-43-2 , impose the first…

If a court has imposed conditions of release that require a defendant to follow any treatment recommendations pursuant to subdivision 23A-43-3(3), the provider of those treatment services shall report any noncompliance to the court that has imposed the condition of release. Sourc…

The Supreme Court may establish rules, pursuant to § 16-3-1 , regarding the definition of noncompliance in § 23A-43-3.1 and how noncompliance may be reported to the court. Source: SL 2017, ch 109 , § 11.

A court shall exercise supervision over the detention of defendants and witnesses pending trial for the purpose of eliminating all unnecessary detention. Source: SL 1978, ch 178 , § 531.

Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for…

Nothing in this chapter shall interfere with or prevent the exercise by any court of its power to punish for contempt. Source: SL 1978, ch 178 , § 532.

In determining which conditions of release will reasonably assure appearance, a committing magistrate or court shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the defendant, th…

A defendant released before trial shall continue on release until a plea or verdict of guilty has been entered, under the same terms and conditions as were previously imposed unless the committing magistrate or court determines that other terms and conditions or termination of hi…

A committing magistrate or court authorizing the release of a defendant under § 23A-43-2 , 23A-43-3 , or 23A-43-5 shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform the defendant of the penalties for a violation of the conditio…

A committing magistrate or court ordering the release of a defendant on any condition specified in § 23A-43-2 or 23A-43-3 may at any time amend his or its order to impose additional or different conditions of release. If, however, the imposition of such additional or different co…

A defendant for whom conditions of release are imposed and who after twenty - four hours from the time of the release hearing, continues to be detained as a result of his inability to meet the conditions of release, may, upon application, have the conditions reviewed by the commi…

A defendant who is ordered released on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the committing magistrate or court that imposed the condition. Unless the requirement is removed and the person is…

An application to a court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It…

Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in § 15-6-5(d). Source: SL 1978, ch 178 , § 543.

Each court may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable. Source: SL 1978, ch 178 , § 544. 23A-44-12 23A-44-12. (Rule 50(b)) Reserved

23A-44-14 (Rule 52(a)) Defects not affecting substantial rights disregarded. 23A-44-15 (Rule 52(b)) Plain error noticed though not brought to court's attention.

Exceptions to rulings or orders of a court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires…

Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. Source: SDC 1939 & Supp 1960, §§ 34.2902, 34.3002; SDCL, §§ 23-1-2, 23-32-20; SL 1978, ch 178 , § 547.