(Senate Bill 62)
An Act to revise certain provisions regarding appeals by the prosecution.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 23A-32-4 be AMENDED.
23A-32-4. Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.
An appeal by a prosecuting
attorney in a criminal case may be taken to the Supreme Court, as a
matter of right, from a judgment
or order of a circuit court
aside a verdict
and entering judgment of acquittal
a motion to
dismiss an indictment or information,
as to any one or more counts, or any part thereof,
on statutory grounds or otherwise
or granting ;
a motion for
arrest of judgment or a motion for a new trial
or an order finding ;
(4) Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of § 22-42-2.
However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.
Section 2. That § 23A-32-5 be AMENDED.
23A-32-5. Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.
An appeal by a prosecuting attorney may be taken to the Supreme Court from:
(1) An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;
(2) An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise.
An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision § 15-26A-3(6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.
Signed February 22, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.