2013 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 02 - Complaint, Warrant And Summons
§ 23A-2-5.1 Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof ofmagistrate's signature.
23A-2-5.1. Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature. A committing magistrate may, by means of facsimile transmission, receive a complaint or indictment in request of the issuance of an arrest warrant and may issue an arrest warrant by the same method. All applicable procedural and statutory requirements for the issuance of an arrest warrant shall be met. For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original. The original documents shall be filed with the court within five working business days.
The officer executing the arrest warrant shall receive proof that the committing magistrate has signed the warrant before the warrant is executed. Proof that the committing magistrate has signed the warrant may consist of receipt of the facsimile of the arrest warrant.
Source: SL 1991, ch 451 (Supreme Court Rule 91-17).
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