Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.

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16-12B-8. Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.

A magistrate court with a magistrate judge 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 two thousand dollars or imprisonment for a period not exceeding one year, or both such fine and imprisonment and to impose sentence upon a plea of guilty or nolo contendere. Acceptance of not guilty or nolo contendere pleas shall be in accordance with §§23A-7-2 and 23A-7-8, as applicable. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try cases for all violations under §32-22-55 that involve civil penalties, notwithstanding the amount of the civil penalty.

Source: SL 2003, ch 117, §17; SL 2007, ch 135, §1, eff. Mar. 2, 2007; SL 2009, ch 103, §1.


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