1023A 100th Legislative Session 1023

2025 South Dakota Legislature

House Bill 1023

AMENDMENT 1023A FOR THE INTRODUCED BILL

Introduced by: The Chair of the Committee on Judiciary at the request of the Department of Game, Fish and Parks

An Act to modify the definition of a conviction for purposes of license revocation.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 41-6-74.3 be AMENDED:

41-6-74.3. If a person's privilege has been revoked pursuant to § 41-6-74.1 or 41-6-74.2, the person, if and the person is present at the time of conviction, shall the person must immediately surrender and deliver the license to the court or clerk of courts at which time. The court or clerk of courts shall note the revocation shall be noted on the face of the license by the court or clerk of courts and the license returned and return the license to the Department of Game, Fish and Parks.

If a person's privilege has been revoked pursuant to § 41-6-74.1 or 41-6-74.2, and the person is not present at the time of conviction, the person shall must, within fourteen days of the conviction, deliver and return the license to the Department of Game, Fish and Parks department.

A violation of this section is a Class 2 misdemeanor.

If the person has a combination license, the revocation shall must be noted on the face of the license and the license shall must be returned to the person to remain valid for the other purposes permitted by the license.

For the purposes of §§ 41-6-74.1 and 41-6-74.2, the term, conviction, is defined as provided in § 32-12-53.

Section 2. That a NEW SECTION be added to chapter 41-6:

For purposes of §§ 41-6-74.1 to 41-6-74.3, inclusive, "conviction" means:

(1) A verdict or plea of guilty;

(2) A plea of nolo contendere;

(3) A suspended imposition of sentence;

(4)(3) An unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court; and

(5)(4) Any other judgment of guilt entered against a defendant in a criminal case.

Underscores indicate new language.

Overstrikes indicate deleted language.