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2024 House Bill 1084 - SD Legislature repeal a provision related to habeas corpus proceedings.

24.418.9 99th Legislative Session 1084

2024 South Dakota Legislature

House Bill 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 That § 21-27-6 be REPEALED: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.