§ 16-12B-8 — Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.

South Dakota § 16-12B-8

• Jurisdiction: South Dakota
• Title 16: COURTS AND JUDICIARY
• Ch. 16-12A: MAGISTRATE JUDGES

Text

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 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. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try cases for all violations under § 32-22-55 that involve civil penalties, notwithstanding the amount of the civil penalty.

Legislative History

SL 2003, ch 117, § 17; SL 2007, ch 135, § 1, eff. Mar. 2, 2007; SL 2009, ch 103, § 1.