S.D. Codified Laws § 16-12B-8

Current through the 2024 Legislative Session

Section 16-12B-8 - Jurisdiction-Acceptance of defaults and trial of certain petty offenses-Acceptance of pleas-Sentencing

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts:

(1) To accept defaults for petty offenses;

(2) To try contested cases involving a petty offense;

(3) To take pleas of guilty, not guilty, nolo contendere for any criminal offense; or

(4) To take pleas of guilty, not guilty, nolo contendere for violation of any ordinance, bylaw, or other police regulation of a political subdivision;

if the punishment is a fine not exceeding two thousand dollars or imprisonment for a period not exceeding one year, or both such fine and imprisonment and to impose sentence upon a plea of guilty or nolo contendere. Acceptance of not guilty or nolo contendere pleas shall be in accordance with §§ 23A-7-2 and 23A-7-8, as applicable. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try cases for all violations under § 32-22-55 that involve civil penalties, notwithstanding the amount of the civil penalty.

SDCL 16-12B-8

SL 2003, ch 117, §17; SL 2007, ch 135, §1, eff. Mar. 2, 2007; SL 2009, ch 103, §1.