21.299.12 96th Legislative Session 0

2021 South Dakota Legislature

Senate Bill 174

ENROLLED

An Act

ENTITLED An Act to revise provisions related to the automatic removal of certain charges or convictions from a defendant's public record.

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

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

23A-3-34. Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available to authorized personnel--Use as enhancement.

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 five years if all court-ordered conditions on the case have been satisfied and the defendant has not been convicted of any further offenses within those five years. However, the case record remains available to court personnel or as authorized by order of the court and may be used as an enhancement in the prosecution of subsequent offenses as provided by law.

An Act to revise provisions related to the automatic removal of certain charges or convictions from a defendant's public record.

I certify that the attached Act originated in the:

Senate as Bill No. 174

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 174

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State