Allegation of gang membership filed as separate information

An allegation that a defendant is a street gang member shall be filed as a separate information at the time of, or before, arraignment. The separate information shall state those criteria, as set forth in subdivision 22-10A-1(2), which allegedly identify the defendant as a street gang member, and shall be signed by the prosecutor. Source: SL 1992, ch 159, § 3; SDCL, § 22-10-16; SL 2005, ch 120, §§ 354, 355.