6A 95th Legislative Session 400
AMENDMENT 6A FOR THE INTRODUCED BILL
Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General
An Act to revise certain conditions under which presumptive probation may be applied.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 22-6-11 be AMENDED:
22-6-11. Presumptive sentence of probation or fully suspended penitentiary sentence--Departure for aggravating circumstances.
The sentencing court shall
sentence an
offender a
person convicted of a
Class 5 or Class 6 felony, except those convicted under
§§ 22-11A-2.1,
22-14-15,
22-18-1,
22-18-1.05,
22-18-26,
22-18-29,
22-19A-1,
22-19A-2,
22-19A-3,
22-19A-7,
22-19A-16,
22-22A-2,
22-22A-4,
22-24A-3,
22-22-24.3,
subdivision 22-23-2(2), 22-24-1.2,
22-24B-2,
22-24B-12,
22-24B-12.1,
22-24B-23,
22-30A-46,
22-42-7,
subdivision 24-2-14(1), 32-34-5,
and any person ineligible for probation under § 23A-27-12,
to a term of probation. If the
offender person
is under the
supervision of the Department of Corrections, the court shall order a
fully suspended penitentiary sentence pursuant to § 23A-27-18.4.
The sentencing court may impose a sentence other than probation or a
fully suspended penitentiary sentence if the court finds aggravating
circumstances exist that pose a significant risk to the public and
require a departure from presumptive probation under this section.
For the purposes of this section, it is also an aggravating
circumstance if the court determines the person failed to cooperate
with law enforcement in an ongoing investigation.
The sentencing court may also consider the defendant’s conduct
evincing a failure to cooperate as an aggravating circumstance to
support a departure from presumptive probation in all drug or
substance abuse matters as defined by § 34-20B-3.
If a departure is made, the judge shall state on the record at the
time of sentencing the aggravating circumstances and the same shall
be stated in the dispositional order. Neither this section nor its
application may be the basis for establishing a constitutionally
protected liberty, property, or due process interest.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.