ENTITLED, An Act to expand the definition of victim for the purposes of certain written victim
impact statements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-27-1.1 be amended to read as follows:
23A-27-1.1. Upon request to the court by a victim and before imposing sentence on a defendant,
the victim, in the discretion of the court, may orally address the court concerning the emotional,
physical, and monetary impact of the defendant's crime upon the victim and the victim's family, and
may comment upon the sentence which may be imposed upon the defendant.
The defendant shall be permitted to respond to such statements orally or by presentation of
evidence and shall be granted a reasonable continuance to refute any inaccurate or false charges or
statements.
For the purpose of this section, the term, victim, means the actual victim or the parent, spouse,
next of kin, legal or physical custodian, guardian, foster parent, case worker, victim advocate, or
mental health counselor of any actual victim who is incompetent by reason of age or physical
condition, who is deceased, or whom the court finds otherwise unable to comment.
Section 2. That chapter 23A-27 be amended by adding thereto a NEW SECTION to read as
follows:
Upon request to the court by a victim and before imposing sentence on a defendant, a victim, in
the discretion of the court, may address the court in writing concerning the emotional, physical, and
monetary impact of the defendant's crime upon the victim and the victim's family, and may comment
upon the sentence which may be imposed upon the defendant.
The defendant shall be permitted to respond to such statements and shall be granted a reasonable
continuance to refute any inaccurate or false charges or statements.
For the purpose of this section, the term, victim, means anyone adversely impacted emotionally,
physically, or monetarily by the defendant's crime.
An Act to expand the definition of victim for the purposes of certain written victim impact
statements.
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I certify that the attached Act
originated in the
SENATE as Bill No. 39
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 39
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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