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State of South Dakota
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NINETY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2017 |
| 184Y0420 | HOUSE JUDICIARY ENGROSSED NO. SB 90 - 2/27/2017 |
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Introduced by: Senator Rusch and Representative Stevens
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FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certain prior
statements of a witness subject to discovery and to establish the rationale and effect of the
repeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-13-10 be repealed.
23A-13-10. The term "statement," as used in §§ 23A-13-7 to 23A-13-9, inclusive, in relation
to any witness called by the prosecuting attorney, means:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-13-10 be repealed.
(1) A written statement made by such witness and signed or otherwise adopted or
approved by him;
(2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof,
which is a substantially verbatim recital of an oral statement made by such witness
and recorded contemporaneously with the making of such oral statement;
(3) A statement, however taken or recorded, or a transcription thereof, if any, made by
such witness to a grand jury;
been reduced to writing.
Section 2. That the code be amended by adding a NEW SECTION to read:
The repeal of § 23A-13-10 is subject to the Supreme Court's adoption of a new rule
substantially similar to Federal Rule of Criminal Procedure 26.2(f) relating to producing a
statement of a witness subject to discovery, effective January 1, 2018.
