South Dakota § 23A-27-35 Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.

South Dakota Statutes

§ 23A-27-35 — Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.

South Dakota § 23A-27-35

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26SENTENCE AND JUDGMENT

This text of South Dakota § 23A-27-35 (Suspension of civil rights on sentence to state correctional facility--Prisoner as witness--Restoration of rights--Voting rights.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-27-35 (2026).

Text

A sentence of imprisonment in a state correctional facility for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury. Any such person so sentenced forfeits all public offices and all private trusts, authority, or power during the term of such imprisonment. Any person who is serving a term in any state correctional facility shall be a competent witness in any action now pending or hereafter commenced in the courts of this state, and the person's deposition may be taken in the same manner prescribed by statute or rule relating to taking of depositions. After a suspension of sentence pursuant to § 23A-27-18 , upon the termination of the time of the original sentence or the time extended by order of the co

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A sentence of imprisonment in a state correctional facility for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury. Any such person so sentenced forfeits all public offices and all private trusts, authority, or power during the term of such imprisonment. Any person who is serving a term in any state correctional facility shall be a competent witness in any action now pending or hereafter commenced in the courts of this state, and the person's deposition may be taken in the same manner prescribed by statute or rule relating to taking of depositions. After a suspension of sentence pursuant to § 23A-27-18 , upon the termination of the time of the original sentence or the time extended by order of the court, a defendant's rights withheld by this section are restored. However, the voting rights of any person sentenced to imprisonment in a state correctional facility shall be governed by Title 12.

Legislative History

SDC 1939, § 34.3708 as added by SL 1939, ch 132; SL 1943, ch 128; SDCL §§ 23-48-35, 23-57-7; SL 1978, ch 178, § 352; SL 2012, ch 82, § 2; SL 2023, ch 82, § 33.