24.418.9 99th Legislative Session 1084
Introduced by: The Committee on Judiciary at the request of the Chief Justice
An Act to repeal a provision related to habeas corpus proceedings.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 21-27-6 be REPEALED:
Any judge empowered by
this chapter to issue writs of habeas corpus, who shall corruptly
refuse to issue such writ, when legally applied to, in a case where
such writ may lawfully issue, or who shall, for the purpose of
oppression, unreasonably delay the issuing of such writ, shall, for
every such offense, forfeit to the prisoner or person aggrieved a sum
not exceeding five hundred dollars. Recovery of the penalty provided
herein shall be no bar to a civil suit for damages.
Underscores indicate new language.
Overstrikes
indicate deleted language.