SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-4-3 RULE 06-72
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A hearing was held on October 3, 2006, at Sioux Falls, South Dakota, relating to the
amendment of SDCL 23A-4-3, and the Court having considered the proposed amendment, the
correspondence and oral presentations relating thereto and being fully advised in the premises,
now, therefore, it is
ORDERED that SDCL 23A-4-3 be and it is hereby amended to read in its entirety as
(Rule 5(c)) Advice to defendant at initial appearance on charge requiring
preliminary hearing--Charges requiring preliminary hearing--Waiver or scheduling of hearing--
Extension of time.
If a charge against a defendant requires a preliminary hearing,
he the defendant
may not be called on to plead. The committing magistrate shall inform the defendant of the
complaint against him the defendant and of any affidavit filed therewith, of his the defendant's
right to retain counsel , of his right and to request assignment of counsel if he the defendant is
unable to obtain counsel, and of the general circumstances under which he the defendant may
secure pretrial release. He The committing magistrate shall inform the defendant that he the
defendant is not required to make a statement and that any statement made by him the defendant
may be used against him the defendant. The committing magistrate shall also inform the defendant
of his the defendant's right to a preliminary hearing. He The committing magistrate shall allow the
defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail
in the amount set pursuant to § 23A-2-4 or chapter 23A-43, or as otherwise provided by law.
the defendant is in custody, and not later than forty-five days if
he the defendant is not in custody.
However, the preliminary hearing may not be held if the defendant is indicted before the date set
for the preliminary hearing. With the consent of the defendant and with a showing of good cause,
taking into account the public interest and the proper disposition of criminal cases, time limits
specified in this section may be extended one or more times by the committing magistrate. In the
absence of consent by the defendant, time limits may be extended by the committing magistrate
only upon a showing that extraordinary circumstances exist and that delay is indispensable to the
interests of justice.
IT IS FURTHER ORDERED that this rule shall become effective November 1, 2006.
DATED at Pierre, South Dakota, this 26th day of October, 2006.