Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-41: MISCELLANEOUS ADMINISTRATIVE PROVISIONS/§ 23A-44-5
South Dakota Statutes

§ 23A-44-5 — Subsequent prosecution not barred by dismissal.

South Dakota § 23A-44-5
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-41MISCELLANEOUS ADMINISTRATIVE PROVISIONS

This text of South Dakota § 23A-44-5 (Subsequent prosecution not barred by dismissal.) 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-44-5 (2026).

Text

A dismissal under § 23A-44-2 , 23A-44-3 , or 23A-44-4 is not a bar to another prosecution for the same offense.

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Related

State v. Bruce
2011 S.D. 14 (South Dakota Supreme Court, 2011)
20 case citations
State v. Schladweiler
436 N.W.2d 851 (South Dakota Supreme Court, 1989)
9 case citations
State v. Stepner
1999 SD 40 (South Dakota Supreme Court, 1999)
5 case citations
State v. Bradshaw
2025 S.D. 48 (South Dakota Supreme Court, 2025)

Legislative History

SDC 1939 & Supp 1960, § 34.2203; SDCL, § 23-34-6; SL 1978, ch 178, § 538.

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 23A-10A-1
Definition of mental incompetency.
§ 23A-10A-10
Expense of maintenance of defendant committed.
§ 23A-10A-13
Approved facility defined.
§ 23A-10A-13.1
Restoration to competency program defined.
§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.
§ 23A-10A-15
Length of detention for Class A, B, or C felony.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-44-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-44-5.