CHAPTER 23-1A
PETTY OFFENSE PROCEDURE
23-1A-1 Petty offense procedures used by all law enforcement and judicial officers.
23-1A-2 Complaint and summons forms--Uniform traffic ticket--Contents.
23-1A-2.1 Ticket form for juvenile cited violations.
23-1A-3 State's attorney as attorney for plaintiff.
23-1A-4 Complaint and summons as only complaint necessary.
23-1A-5 Signature under oath on complaint--Traffic ticket issued by law enforcement officer.
23-1A-6 Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.
23-1A-7 Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.
23-1A-8 Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.
23-1A-9 Resisting service or refusal to give information as misdemeanor.
23-1A-10 Defendant's options for disposal of case.
23-1A-11 Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.
23-1A-12 Admission of other than traffic violation in lieu of court appearance--Filing with deposit.
23-1A-13 Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.
23-1A-14 Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.
23-1A-15 Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.
23-1A-16 Relief from admission by appearing in court--Matter set for trial.
23-1A-17 Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
23-1A-18 Failure to appear after deposit or admission--Judgment entered.
23-1A-19 Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.
23-1A-20 Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.
23-1A-21 Effect of judgment same as for other civil judgments--Execution, levy, and liens.
23-1A-22 Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.
23-1A-23 Judgment proceeds deposited in county treasuries.
23-1A-1. Petty offense procedures used by all law enforcement and judicial officers.
The procedures set forth in this chapter shall be used by all law enforcement and judicial officers for the disposition of petty offense cases.
Source: SL 1977, ch 193, § 1.
23-1A-2. Complaint and summons forms--Uniform traffic ticket--Contents.
The attorney general shall promulgate, pursuant to chapter 1-26, a uniform form or forms to be used for petty or misdemeanor complaints and summons regarding traffic offenses. The form shall be designed to serve as a uniform traffic ticket. The attorney general shall designate those law enforcement agencies which would use the uniform traffic ticket.
The title on the complaint shall be "The State of South Dakota vs. (defendant's name)." The summons or complaint shall inform the defendant of the information set forth in §§ 23-1A-11, 23-1A-12, 23-1A-13, 23-1A-16, and 23-1A-18, and of the amount required for the authorized deposit.
Source: SL 1977, ch 193, § 2; SL 1991, ch 252, § 23.
23-1A-2.1. Ticket form for juvenile cited violations.
The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to be used for juvenile cited violations.
Source: SL 2015, ch 152, § 41, eff. Jan. 1, 2016.
23-1A-3. State's attorney as attorney for plaintiff.
The attorney for the plaintiff in the trial of a petty offense shall be the state's attorney of the county which has jurisdiction of the case.
Source: SL 1977, ch 193, § 14.
23-1A-4. Complaint and summons as only complaint necessary.
Whenever the complaint and summons promulgated pursuant to § 23-1A-2 are used, the attorney for the plaintiff need not make or file any other complaint for the offense charged.
Source: SL 1977, ch 193, § 3.
23-1A-5. Signature under oath on complaint--Traffic ticket issued by law enforcement officer.
Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following statement printed or written on a complaint or summons for a petty offense on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source: SL 1977, ch 193, § 4; SL 2015, ch 134, § 1.
23-1A-6. Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.
A minor may be sued for the commission of a petty offense without the appointment of a guardian ad litem. A state's attorney may dismiss a petty offense complaint issued to a minor any time before judgment is entered and try the minor instead as a juvenile delinquent.
Source: SL 1977, ch 193, § 19.
23-1A-7. Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.
A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10. Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.
Source: SL 1977, ch 193, § 5; SL 1984, ch 12, § 17.
23-1A-8. Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.
The petty offense summons shall specify a time for a hearing on the complaint, which shall be within ten days of its issuance. A defendant may request an earlier hearing. The hearing shall be before a judge or magistrate of the county in which the offense was committed, except as provided in § 23-1A-11.
Source: SL 1977, ch 193, § 6.
23-1A-9. Resisting service or refusal to give information as misdemeanor.
Any person who resists the service of a petty offense complaint and summons or who refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint is guilty of a Class 2 misdemeanor.
Source: SL 1977, ch 193, § 7.
23-1A-10. Defendant's options for disposal of case.
A person to whom a petty offense complaint has been issued may dispose of the case, by, at his option, either:
(1) Signing a written promise to appear in accordance with § 23-1A-11;
(2) Signing an admission and filing it with a deposit in accordance with § 23-1A-12;
(3) Filing a deposit in accordance with § 23-1A-13; or
(4) Appearing in court for a hearing on the complaint.
Source: SL 1977, ch 193, § 8.
23-1A-11. Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.
Any person who has been served with a petty offense complaint for a violation of a statute relating to the operation and use of a motor vehicle may, if he has a valid South Dakota driver's license in his possession or if the arresting officer is shown satisfactory proof that the person does have a valid South Dakota driver's license although not in his immediate possession, give a written promise to appear at the hearing to the officer who served the complaint on him.
If he does not have a valid South Dakota driver's license, he may immediately either sign an admission and give a deposit in accordance with § 23-1A-12 or file a deposit in accordance with § 23-1A-13. If he refuses either alternative, he shall be taken immediately to the nearest or most accessible judge or magistrate for a hearing on the complaint.
Any person who intentionally violates his written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
Source: SL 1977, ch 193, § 9.
23-1A-12. Admission of other than traffic violation in lieu of court appearance--Filing with deposit.
A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for the hearing on the complaint, make a stipulation admitting the allegations in the complaint. Such admission shall be filed with the deposit specified in § 23-1A-13. The admission and deposit shall be filed at the office of the clerk of courts in the county in which the complaint was issued by the last working day prior to the hearing. As used in this section, a working day is any day in which the clerk's office is actually open for the transaction of business.
Source: SL 1977, ch 193, § 10.
23-1A-13. Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.
A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either:
(1) In the law enforcement officer's presence, mailing a deposit to the office of the clerk of courts; or
(2) In the company of the officer, going to the office of the clerk of courts and personally making a deposit.
The issuing officer shall notify the alleged violator, in writing, and obtain a receipt therefor, that if he fails to appear in court at the time fixed in the summons, he will be deemed to have tendered an admission to the allegations contained in the complaint and an agreement to a forfeiture not to exceed the amount of the deposit, which the court will accept.
Source: SL 1977, ch 193, § 11.
23-1A-14. Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.
A person receiving a deposit shall furnish a numbered receipt to the defendant if requested. A person receiving a deposit may allow a defendant to submit a check for the amount of the deposit, and such check shall be considered to be the receipt required by this section. Such check shall be deemed to have been issued for present consideration. Any person who issues a "stop payment" order on such a check and fails to appear in court on the date set for hearing by the summons, is guilty of a Class 2 misdemeanor.
Source: SL 1977, ch 193, § 12.
23-1A-15. Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.
If a defendant files a stipulation and deposit pursuant to § 23-1A-12 or makes a deposit pursuant to § 23-1A-13 he need not appear in court. In such instances, the clerk shall record on the court appearance date, a judgment in favor of the plaintiff and enter the deposit as payment of the judgment.
Source: SL 1977, ch 193, § 13.
23-1A-16. Relief from admission by appearing in court--Matter set for trial.
A person who has filed a stipulation under § 23-1A-12 may appear in court on the appearance date and the court may, on motion, with or without notice, for cause shown, relieve such person from the stipulation and the effects thereof, and set the matter for trial.
Source: SL 1977, ch 193, § 15.
23-1A-17. Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
If a defendant appears in court, personally or by his attorney, he shall be asked whether he admits or denies the commission of the offense alleged in the complaint. If he admits the commission of the alleged offense, the court shall accept his admission and enter a judgment against him for the amount established by § 23-1A-22. If a defendant denies the allegations in a complaint, the case may be tried at that time. A jury trial may not be granted for petty offenses, but conduct for the trial of a petty offense shall otherwise be governed by the rules of civil procedure. If either the defendant or plaintiff requests a continuance, a court may set a later date for trial, which may not exceed thirty days from the date of the initial appearance. A defendant's request for a continuance may not be granted unless he deposits with the court a sum equal to the amount set by § 23-1A-22.
Source: SL 1977, ch 193, § 16; SL 1980, ch 26, § 29; SL 1984, ch 12, § 14.
23-1A-18. Failure to appear after deposit or admission--Judgment entered.
If the defendant fails to appear in court at the time set in his summons or set by subsequent postponement, and he has previously made a deposit, he shall be deemed to have tendered an admission to the allegations contained in the complaint and to have agreed to use the deposit for payment of the judgment. The court shall accept the admission and enter judgment accordingly.
If a defendant fails to appear, and has made a stipulation of admission to the allegations in his complaint, the court shall enter judgment against the defendant.
Source: SL 1977, ch 193, § 17.
23-1A-19. Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.
Any defendant who fails to appear in court and who has not made a deposit, or stipulation and deposit, is guilty of a Class 2 misdemeanor. The court shall enter a default judgment against the defendant in the amount established by § 23-1A-22 and issue a summons or warrant for his arrest.
Source: SL 1977, ch 193, § 18; SL 1980, ch 26, § 30; SL 1984, ch 12, § 15.
23-1A-20. Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.
If the offense alleged in a complaint is a violation of a statute relating to the operation and use of a motor vehicle, then within five working days after the entry of a judgment against a defendant, the court shall forward to the Department of Public Safety a certification of the entry of judgment, judgment of forfeiture, or default judgment.
Source: SL 1977, ch 193, § 20.
23-1A-21. Effect of judgment same as for other civil judgments--Execution, levy, and liens.
A judgment in a petty offense case has the same effect as any other civil judgment and may be executed, levied on, and become a lien on the property of a defendant accordingly.
Source: SL 1977, ch 193, § 24.
23-1A-22. Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.
If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment of twenty-five dollars. However, the trial court may reduce or eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense case. If a deposit is required by this chapter, it shall be the amount set by this section.
Source: SL 1977, ch 193, § 31; SL 1978, ch 165, § 2; SL 1980, ch 26, § 31; SL 1984, ch 12, § 16; SL 2008, ch 113, § 1; SL 2014, ch 153, § 5; SL 2020, ch 124, § 5.
23-1A-23. Judgment proceeds deposited in county treasuries.
All moneys received as payment for petty offense judgments shall be deposited in the treasury of the county where the offense occurred.
Source: SL 1977, ch 193, § 22.
