ENTITLED, An Act to revise certain provisions regarding the rights of victims of crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-15A-43 be repealed.
Section 2. That § 23A-28C-1 be amended to read as follows:
23A-28C-1. Consistent with § 23A-28C-4, victims of the crime, including victims of driving
under the influence vehicle accidents, have the following rights:
(1) To be notified of scheduled bail hearings and release from custody, to be notified by the
prosecutor's office when the case is received and to whom the case is assigned, and to be
notified in advance of the date of preliminary hearing and trial;
(2) To be informed of what the charges mean and the elements necessary for conviction;
(3) To testify at scheduled bail or bond hearings regarding any evidence indicating whether
the offender represents a danger to the victim or the community if released;
(4) To be protected from intimidation by the defendant, including enforcement of orders of
protection;
(5) To offer written input into whether plea bargaining or sentencing bargaining agreements
should be entered into;
(6) To be present during all scheduled phases of the trial or hearings, except where otherwise
ordered by the judge hearing the case or by contrary policy of the presiding circuit judge;
(7) To be prepared as a witness, including information about basic rules of evidence, cross-examination, objections, and hearsay;
(8) To provide to the court a written or oral victim impact statement prior to sentencing
regarding the financial and emotional impact of the crime on the victim and his or her
family as well as recommendations for restitution and sentencing and § 23A-28-8
notwithstanding, the right to appear at any hearing during which a change in the plan of
restitution is to be considered;
(9) To receive restitution, whether the convicted criminal is probated or incarcerated, unless
the court or parole board provides to the victim on the record specific reasons for
choosing not to require it;
(10) To provide written input at parole and clemency hearings or with respect to clemency by
the Governor, should those options be considered;
(11) In a case in which the death penalty may be authorized, to provide to the court or to the
jury, as appropriate, testimony about the victim and the impact of the crime on the
victim's family;
(12) To be notified of the defendant's release from custody, which notice includes:
(a) Notice of the defendant's escape from custody and return to custody following
escape;
(b) Notice of any other release from custody, including placement in an intensive
supervision program or other alternative disposition, and any associated conditions
of release;
(c) Notice of parole; and
(d) Notice of pending release of an inmate due to expiration of sentence;
(13) To be notified of the victim's right to request testing for infection by blood-borne
pathogens pursuant to § 23A-35B-2;
(14) To be provided a copy of any report of law enforcement that is related to the crime, at the
discretion of the state's attorney, or upon motion and order of the court. However, no
victim may be given the criminal history of any defendant or any witness; and
(15) To be notified of a petition by the sex offender for removal from the sex offender registry
and to provide written input with respect to the removal request.
Section 3. That § 24-15A-3 be amended to read as follows:
24-15A-3. The provisions of §§ 24-2-9, 24-2-12, 24-2-12.1, 24-2-12.2, 24-2-17, 24-2-18, 24-5-1,
24-5-2, 24-5-7, 24-13-4.2, 24-13-4.3, 24-13-4.5, 24-13-6, 24-13-7, 24-13-10, 24-15-1, 24-15-1.1,
24-15-1.2, 24-15-2, 24-15-3, 24-15-5, 24-15-6, 24-15-7, 24-15-7.1, 24-15-8, 24-15-10, 24-15-11,
24-15-12, 24-15-15, 24-15-20, 24-15-24, and 24-15-25 do not apply to any person sentenced to
prison for a crime committed after July 1, 1996.
An Act to revise certain provisions regarding the rights of victims of crime.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1021
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1021
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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