S.D. Codified Laws § 23A-14A-6

Current through the 2024 Legislative Session

Section 23A-14A-6 - Prisoner from another state summoned to testify in this state-Certificate

If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a circuit court judge or magistrate may certify:

(1) That there is a criminal proceeding or investigation by a grand jury or a criminal action pending in this court;

(2) That a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action; and

(3) That the person's presence will be required during a specified time.

The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.

SDCL 23A-14A-6

SL 2002, ch 119, §6.