Judgment against defendant for costs--Items excluded--Enforcement as civil judgment.

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23A-27-26. Judgment against defendant for costs--Items excluded--Enforcement as civil judgment.

In all criminal actions, upon conviction of the defendant, the court may adjudge that the defendant pay the whole or any part of the costs of that particular prosecution in addition to the liquidated costs provided by §23-3-52. However, the costs shall not include items of governmental expense such as juror's fees, bailiff's fees, salaries and expenses of special agents, and reporter's per diem. Payment of costs may be enforced as a civil judgment against the defendant.

Source: SDC 1939, §34.3709; SL 1943, ch 129; SDCL, §23-48-31; SL 1978, ch 178, §368; SL 1982, ch 186, §3.


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