CHAPTER 135

(HB 1098)

Magistrate court jurisdiction revised.


         ENTITLED, An Act to  revise the jurisdiction of certain magistrate courts and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 16-12B-8 be amended to read as follows:

     16-12B-8.   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 one 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.

     Section  2.  Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 2, 2007
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