South Dakota statute
SDCL § 23A-6-19 — (Rule 7(e)) Amendment of information before trial--Allegation of new offense--Amendment during trial
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 6: Indictment And Information, South Dakota Codified Laws.
Full text of SDCL § 23A-6-19
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
If trial has not commenced, a prosecuting attorney may amend an information to allege, or to change the allegations regarding, any offense arising out of the same alleged conduct of the defendant that gave rise to any offense alleged in the original information. If the change alleges a new offense, the defendant has the right to a preliminary hearing on the new offense.
After commencement of a trial, the trial court may permit the prosecuting attorney to amend the information at any time before a verdict or finding is made, if no additional or different offense is charged and substantial rights of the defendant are not thereby prejudiced. An amendment may charge an additional or different offense with the express consent of the defendant.
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