(House Bill 1100)
An Act to revise provisions related to the video recording of certain victim testimony at a preliminary hearing or deposition.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 23A-12-9 be AMENDED:
a victim is less than sixteen years of age at the time of a
preliminary hearing or deposition, a prosecuting or defense attorney
may apply for an order that the victim's testimony at the preliminary
hearing or deposition, in addition to being stenographically
recorded, be recorded and preserved on video, if a
defendant has been charged with a violation of
subdivision 22-22-1(1), (5), or (6) or § 22-22-7, where the
victim is less than sixteen years of age, the prosecuting attorney or
defense attorney may apply for an order that the victim's testimony
at the preliminary hearing or at a deposition, in addition to being
stenographically recorded, be recorded and preserved on videotape.:
(1) Subdivision 22-22-1(1) or (5);
(2) § 22-22-7; or
(3) § 22-49-2.
The scope and manner of the
examination and cross-examination
be such as
would be allowed at the trial. Notice of any such deposition pursuant
to this section
conform in all
respects to the notice requirements contained in § 23A-12-2.
The application for the order
be in writing
and made at least three days before the preliminary hearing or
Upon timely receipt of the
application, the court may order that the testimony of the victim
given at the preliminary hearing or deposition be taken and preserved
transmitted to the clerk of the court in which the action is pending.
at the time of trial,
the court finds that the victim is otherwise unavailable within the
meaning of subdivision 19-19-804(a), or that such testimony would in
the opinion of the court be substantially detrimental to the
well-being of the victim, the court may admit the
of the victim's
testimony at the preliminary hearing or deposition as former
Section 2. That § 23A-12-10 be AMENDED:
receipt of a notice that additional evidence has been newly
discovered and for good cause shown, the court may order an
additional hearing to
testimony relevant to the newly discovered evidence
Section 3. That § 23A-28C-8 be AMENDED:
23A-28C-8. The victim or witness assistant shall:
(1) Advise the victim about the legal proceedings in which the victim will be involved;
(2) Advise the victim concerning any required appearance at any proceeding and if the proceeding is continued or postponed;
(3) Assist the state's attorney, court services officer, and the victim to determine the amount of monetary damages suffered by the victim and advise the victim about restitution;
if the victim is less than sixteen years of age and the victim of
if the requirements of § 23A-12-9 are met,
the victim and one of the victim's immediate family that the
preliminary hearing or deposition testimony of the victim may be
videotaped pursuant to § 23A-12-9
(5) Advise the victim or one of the victim's immediate family if the defendant is released from custody and the defendant's bail conditions.
The victim or witness assistant may accompany the victim in any criminal proceeding.
Signed March 15, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.