1023A 100th Legislative Session 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privilege has been revoked pursuant to § 41-6-74.1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a person's privilege has been revoked pursuant to § 41-6-74.1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.