2018 House Bill 1095 - Introduced

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

200Z0228   HOUSE BILL   NO.  1095  

Introduced by:    The Committee on Judiciary at the request of the Chief Justice
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding clerk magistrate jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 23A-45-9 be amended to read:
    23A-45-9. Terms used in this title, unless the context plainly requires otherwise, shall mean:
            (1)    "Class 1 misdemeanor," any misdemeanor which has been classified as a Class 1 misdemeanor or any unclassified misdemeanor which may be punished by a maximum imprisonment of more than thirty days the same as the term is defined in § 22-6-2;
            (2)    "Class 2 misdemeanor," any misdemeanor which has been classified as a Class 2 misdemeanor or any unclassified misdemeanor which may be punished by a maximum imprisonment of thirty days or less the same as the term is defined in § 22-6-2;
            (3)    "Committing magistrate," any of the following persons:
            (a)    A justice of the Supreme Court;
            (b)    A judge of the circuit court;
            (c)    A magistrate judge;
            (d)    A nonlaw-trained magistrate when acting within the authority conferred by § 16-12A-13 or 16-12A-14 under chapter 16-12C;
            (4)    "Defendant," the party prosecuted in a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. A person becomes a defendant when he is arrested or summoned pursuant to § 23A-2-9, 23A-2-11, or 23A-3-1;
            (5)    "Former acquittal," a plea to prevent a criminal action, stating that the defendant has been charged and tried for the same alleged offense and has been acquitted. If a defendant was formerly acquitted on the ground of variance between an indictment or information and the proof, or if an indictment or information was dismissed upon an objection to its form or substance, without a judgment of acquittal, it is not an acquittal of the same offense;
            (6)    "Held to answer," the time at which an indictment or information is filed against a person;
            (7)    "In camera," the judge viewing material in private, without either of the parties with neither party present;
            (8)    "In chambers," the judge and the parties determining a matter in the private office of the judge;
            (9)    "Law enforcement officer," an officer or employee of the state or any of its units of local government, or of the United States, or an employee of a railroad or express company while on duty, who is responsible for the prevention or detection of crimes criminal activity or for the enforcement of the criminal or highway traffic laws of the

state. This definition shall not be construed as extending Nothing in this subdivision may be interpreted to extend the territorial jurisdiction, statutory jurisdiction, or statutory authority of any law enforcement officer or employee included in this definition;

            (10)    "Night," the period from 8:00 p.m. to 8:00 a.m., local time;
            (11)    "Oath," an oath or an affirmation;
            (12)    "Ordinance, bylaw, or police regulation," any rule of conduct promulgated by a unit of local government which that may be punished by imprisonment or a fine, or both, for its a violation. As used in For purposes of this subdivision, the word " term, fine", does not include deposits for services to be rendered, licensing fees, or fees imposed for late payments for services rendered;
            (13)    "Peace officer," a law enforcement officer;
            (14)    "Prosecuting attorney," the attorney general, an assistant attorney general, a special assistant attorney general, a state's attorney or an assistant state's attorney, a special prosecutor appointed by a court, a city attorney or any of his deputies deputy of the city attorney, or any attorney engaged by the state or a unit of local government to prosecute a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government;
            (15)    "State," the State of South Dakota and any of its units of local government;
            (16)    "Subpoena," the process by which the attendance of a witness is required before a court, magistrate, or grand jury, or for the purpose of being deposed, is required;
            (17)    "Unit of local government," a chartered governmental unit, county, township, municipality, and or any other subdivision of the state which that may enforce its ordinances, bylaws, or regulations by bringing a court action which that may result

in a fine or imprisonment being imposed on the defendant thereof.

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