SDCL § 33-10-130: Statute of limitations for new charges and specifications following dismissal for defect or insufficiency.

If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:

(1) Has expired; or

(2) Will expire within one hundred eighty days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in § 33-10-131 are met.