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State of South Dakota
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EIGHTY-FIFTH SESSION LEGISLATIVE ASSEMBLY, 2010 |
| 349R0168 | HOUSE ENGROSSED NO. HB 1077 - 2/3/2010 |
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Introduced by: The Committee on Judiciary at the request of the Chief Justice
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FOR AN ACT ENTITLED, An Act to enact a procedure for delayed appeal if the petitioner was
unconstitutionally denied the right of appeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 21-27 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 21-27 be amended by adding thereto a NEW SECTION to read as follows:
If the court finds that an applicant was denied the right to an appeal from an original
conviction in violation of the Constitution of the United States or the Constitution of South
Dakota, the court shall vacate and set the judgment aside if such relief is requested within one
year from the date on which the facts supporting the claim or claims presented are discovered
or reasonably could have been discovered and an adequate record of the original trial proceeding
is available for review. The court shall impose the same sentence and advise the applicant of the
following:
(1) The rights associated with an appeal from a criminal conviction; and
(2) The time for filing a notice of appeal from the reimposed sentence.
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180 copies of this document were printed by the South Dakota Legislative Research Council at a cost of $.052 per page. |
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Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by |
