CHAPTER 109

(HB 1040)

Clerk magistrates may accept certain penalties.

        FOR AN ACT ENTITLED, An Act to provide jurisdiction for clerk magistrates to accept certain penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 16-12C-11 be amended to read as follows:

    16-12C-11. A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts:

            (1)    To accept defaults for petty offenses;

            (2)    To try contested cases involving a petty offense;

            (3)    To take pleas of guilty, not guilty, nolo contendere for any criminal offense; or

            (4)    To take pleas of guilty, not guilty, nolo contendere for violation of any ordinance, bylaw, or other police regulation of a political subdivision;

if the punishment is a fine not exceeding five hundred dollars or imprisonment for a period not exceeding thirty days, or both such fine and imprisonment, and to impose sentence upon a plea of guilty or nolo contendere, which sentence shall be in accordance with § 23-1A-22 or schedules adopted pursuant to subdivision 16-2-21(8). However, if the offense or violation is not covered by said the schedules, the magistrate court may impose a sentence of a fine as authorized by statute, ordinance, bylaw, or police regulation or five hundred dollars, whichever is less. A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts for any penalty imposed pursuant to § 32-22-55, notwithstanding the amount of the penalty, if the penalty is paid in full at the time of the acceptance of the plea. Acceptance of not guilty or nolo contendere pleas shall be in accordance with §§ 23A-7-2 and 23A-7-8, as applicable.

     Signed March 10, 2011

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