FOR AN ACT ENTITLED, An Act to toll any conviction for operation of a boat while under the influence when calculating the number of offenses for enhancement of a driving under the influence charge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 32-23-4.1 be amended to read as follows:
    32-23-4.1. No previous conviction for, or plea of guilty to, a violation of § 32-23-1, 22-18-36, 42-8-45, or 22-16-41 occurring more than ten years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense. However, any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed.
    Section 2. That § 32-23-4.5 be amended to read as follows:
    32-23-4.5. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of § 32-23-1, 22-18-36, 42-8-45, or 22-16-41 and occurring within ten years prior to the date of the violation being charged, shall be used to

determine if the violation being charged is a second, third, or subsequent offense.
    Section 3. That § 32-23-4.8 be amended to read as follows:
    32-23-4.8. For purposes of determining whether a conviction for a violation of § 32-23-1 is for a second or subsequent offense, any conviction for a violation of § 22-18-36, 42-8-45, or 22-16-41 counts as a conviction of § 32-23-1.
    Section 4. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

    No conviction, or plea of guilty to, a violation of § 42-8-45 occurring prior to July 1, 2012, may be used to determine that the violation being charged is a second, third, or subsequent offense.