South Dakota § 23A-43-31 Failure to appear after release as forfeiture of security--Felony or misdemeanor.

South Dakota Statutes

§ 23A-43-31 — Failure to appear after release as forfeiture of security--Felony or misdemeanor.

South Dakota § 23A-43-31

Title 23ACRIMINAL PROCEDURE

Ch. 23A-41BAIL

This text of South Dakota § 23A-43-31 (Failure to appear after release as forfeiture of security--Felony or misdemeanor.) 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-43-31 (2026).

Text

Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall:

(1)If such person was released in connection with a charge of a felony, an alleged felony violation of § 32-23-1 , or fails to report for a jail or state correctional facility sentence for any offense, be guilty of a Class 6 felony;

(2)If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or (3) If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor.

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Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall: (1) If such person was released in connection with a charge of a felony, an alleged felony violation of § 32-23-1 , or fails to report for a jail or state correctional facility sentence for any offense, be guilty of a Class 6 felony; (2) If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or (3) If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor.

Legislative History

SL 1976, ch 158, § 43-2; SDCL Supp, §§ 23-26-14 to 23-26-16; SL 1978, ch 178, § 533; SL 1994, ch 182; SL 1998, ch 153, § 1; SL 2006, ch 130, § 7; SL 2023, ch 82, § 49.