South Dakota Code § 26-7A-127

Action by state's attorney for juvenile cited violation
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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.

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