South Dakota Codified Laws 23A-28C-8. Victim or witness assistant–Duties
The victim or witness assistant shall:
(1) Advise the victim about the legal proceedings in which the victim will be involved;
Terms Used In South Dakota Codified Laws 23A-28C-8
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Advise the victim concerning any required appearance at any proceeding and if the proceeding is continued or postponed;
(3) Assist the state’s attorney, court services officer, and the victim to determine the amount of monetary damages suffered by the victim and advise the victim about restitution;
(4) Advise, if the requirements of § 23A-12-9 are met, the victim and one of the victim’s immediate family that the preliminary hearing or deposition testimony of the victim may be video recorded; and
(5) Advise the victim or one of the victim’s immediate family if the defendant is released from custody and the defendant’s bail conditions.
The victim or witness assistant may accompany the victim in any criminal proceeding.
Source: SL 1986, ch 192, § 3; SDCL § 22-1-11; SL 2005, ch 120, §§ 364, 366; SL 2022, ch 72, § 3.