26-7A-127. Action by state's attorney for juvenile cited violation.If a state's attorney is informed that a citation or report has been issued for a juvenile cited violation, the state's attorney may take any action permitted pursuant to §26-7A-10, except that a state's attorney may only file a petition pursuant to subdivision 26-7A-10(5) if:(1)The child is cited or a report is filed pursuant to subdivision 26-7A-126(1), (2), or (4); or(2)The child is cited pursuant to subdivision 26-7A-126(3), and has two or more prior judgments for the same violation.If the state's attorney intends to proceed on a petition for a violation of the provisions in §26-7A-126 pursuant to subdivision (1) or (2) in this section, the provisions of §26-7A-11.1 apply. Source: SL 2015, ch 152, §38, eff. Jan. 1, 2016; SL 2017, ch 115, §4, eff. Mar. 13, 2017.
South Dakota Legal Code