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South Dakota statute

SDCL § 23A-7-9 — Disclosure of plea agreement and victims' comments to court--Acceptance or rejection--Report by prosecuting attorney

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 7: Arraignment And Pleas, South Dakota Codified Laws.

Full text of SDCL § 23A-7-9

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.

SDCL § 23A-7-9Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court, or on a showing of good cause, in chambers, at the time the plea is offered. The prosecuting attorney shall disclose on the record any comments on the plea agreement made by the victim, or his designee, of the defendant's crime to the prosecuting attorney. Thereupon the court may accept or reject the agreement, or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report. If the court accepts a plea agreement involving any felony charge, the prosecuting attorney shall file a brief written report, which includes the terms of the plea agreement and the ultimate reasons therefor, with the division of criminal investigation and, if the defendant is incarcerated in a state correctional facility, also with the warden thereof.

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This reference is informational and is not legal advice.