(HB 1057)
Judgment of conviction, certain information required.
Section
1.
That
§
23A-27-4
be amended to read as follows:
23A-27-4. In felony and Class 1 misdemeanor cases, the judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the judgment is for imprisonment in the state penitentiary, the judgment of conviction shall include the defendant's name, the county of conviction, the judge, the prosecuting attorney, the defense attorney, the docket number, the South Dakota Codified Law citation of the crime, any crime qualifier and any habitual offender enhancement, the date of the offense, date of conviction, date of sentence, the sentence term, any suspended time, any jail time credit granted and, in the case of multiple crimes,
if the sentences are to be served concurrently or consecutively. In addition, the judgment of
conviction involving a sentence to the state penitentiary shall indicate if the penitentiary term is
a condition of a suspended imposition or execution of sentence or condition of a term of probation
as allowed under
§
23A-27-18.1.
In the case of multiple convictions arising from different
transactions, a separate judgment of conviction shall be entered for each conviction. If a defendant
is found not guilty or for any other reason is entitled to be discharged, the judgment therefor shall
be entered forthwith. Judgments of conviction shall be signed by the judge and filed with the clerk.
Section
2.
That
§
23A-27-30
be amended to read as follows:
23A-27-30.
If the judgment is for imprisonment in the state penitentiary, the sheriff of the
county shall, upon receipt of a certified copy of the judgment, take and deliver the defendant to the
warden of the state penitentiary. He shall also deliver to the warden or other proper officer a
certified copy of the judgment
containing the information required pursuant to
§
23A-27-4
.
Section
3.
That chapter
24-2
be amended by adding thereto a NEW SECTION to read as
follows:
Section
4.
That
§
24-2-2
be amended to read as follows:
24-2-2.
If
a convict
an inmate
, with a certified copy of the judgment of conviction and the
required official statements, is delivered to the warden of the penitentiary, the warden shall mail
to the clerk of courts of the sentencing county a receipt in which the warden acknowledges having
received the
convict
inmate
.