21.600.11 96th Legislative Session 385

2021 South Dakota Legislature

Senate Bill 169

SENATE TRANSPORTATION ENGROSSED

Introduced by: Senator Novstrup

An Act to revise the time requirement for the automatic removal of speeding violations from a background check record.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 23A-3-34 be AMENDED.

23A-3-34. Automatic removal of certain charges or convictions from background check record--Case record available to court personnel.

Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant's public record after ten years if all court-ordered conditions on the case have been satisfied. If the highest charged offense in a case was a Class 2 misdemeanor charged under chapter 32-25 or a violation of a municipal ordinance regulating speed, the charge or conviction shall be automatically removed from a defendant's public record after five years if all court-ordered conditions on the case have been satisfied, if the defendant was not driving pursuant to a commercial driver's license at the time of the offense, and only for a defendant's first violation under either chapter 32-25 or a municipal ordinance regulating speed. Thereafter, a further charge for a Class 2 misdemeanor or municipal ordinance regulating speed shall be automatically removed from a defendant's public record after ten years if all court-ordered conditions on the case have been satisfied years if all court-ordered conditions on the case have been satisfied. However, the case record will remain available to court personnel or as authorized by order of the court.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.