South Dakota Statutes

§ 23A-7-9 — Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.

South Dakota § 23A-7-9
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-5ARRAIGNMENT AND PLEAS

This text of South Dakota § 23A-7-9 (Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney.) 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-7-9 (2026).

Text

If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court, or on a showing of good cause, in chambers, at the time the plea is offered. The prosecuting attorney shall disclose on the record any comments on the plea agreement made by the victim, or his designee, of the defendant's crime to the prosecuting attorney. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the court accepts a plea agreement involving any felony charge, the prosecuting attorney shall file a brief written report, which includes the terms of the plea agreement and the ultimate reasons therefor, with t

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Related

State v. Lohnes
344 N.W.2d 686 (South Dakota Supreme Court, 1984)
38 case citations
State v. Burgers
1999 SD 140 (South Dakota Supreme Court, 1999)
17 case citations
State v. Thorsby
2008 SD 100 (South Dakota Supreme Court, 2008)
7 case citations

Legislative History

SL 1978, ch 178, § 100; SL 1983, ch 183, § 2; SL 1985, ch 194, § 2; SL 2023, ch 82, § 21.

Nearby Sections

15
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Bluebook (online)
South Dakota § 23A-7-9, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-7-9.