An Act to establish mandatory sentences for certain driving while under the influence violations.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 32-23-4.6 be AMENDED:
32-23-4.6.
If a
conviction for
a violation of § 32-23-1
is for a fourth offense, the person is guilty of a Class 5 felony,
and the court, in pronouncing sentence, shall order that the driver's
license of any person so convicted be revoked for a period of not
less than two years from the date sentence is imposed or two years
from the date of initial release from imprisonment, whichever is
later. If the person is returned to imprisonment prior to the
completion of the period of driver's license revocation, time spent
imprisoned does not count toward fulfilling the period of revocation.
If the person is convicted of driving without a license during that
period, the person
shall
must be
sentenced to the county jail for not less than twenty days, which
sentence may not be suspended. Notwithstanding § 23A-27-19,
the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation. Upon the
successful completion of a court-approved chemical dependency
counseling program, and proof of financial responsibility pursuant to
§ 32-35-113,
the court may permit the person to operate a vehicle for the purposes
of employment, 24/7 sobriety testing, attendance at school, or
attendance at counseling programs. Further, sentencing pursuant to
this section includes the provisions of § 23A-27-18.
If a person is convicted of a fourth violation of § 32-23-1, the court shall sentence the person to at least three years in the state penitentiary, which sentence may not be suspended.
Section 2. That § 32-23-4.7 be AMENDED:
32-23-4.7.
If a
conviction for
violation of § 32-23-1
is for a fifth offense, or subsequent offenses thereafter, the person
is guilty of a Class 4 felony and the court, in pronouncing
sentencing, shall order that the driver's license of any person so
convicted be revoked for a period of not less than three years from
the date sentence is imposed or three years from the date of initial
release from imprisonment, whichever is later. In the event the
person is returned to imprisonment prior to the completion of the
period of driver's license revocation, time spent imprisoned does not
count toward fulfilling the period of revocation. If the person is
convicted of driving without a license during that period, the person
shall
must be
sentenced to the county jail for not less than twenty days, which
sentence may not be suspended. Notwithstanding § 23A-27-19,
the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation. Upon the
successful completion of a court-approved chemical dependency
counseling program, and proof of financial responsibility pursuant to
§ 32-35-113,
the court may permit the person to operate a vehicle for the purposes
of employment, 24/7 sobriety testing, attendance at school, or
attendance at counseling programs.
If a person is convicted of a fifth or subsequent violation of § 32-23-1, the court shall sentence the person to at least seven years in the state penitentiary, which sentence may not be suspended.
Section 3. That § 32-23-4.9 be AMENDED:
32-23-4.9. If a conviction for a violation of § 32-23-1 is for a sixth offense, or subsequent offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-five years of the violation being charged, and at least two of those prior convictions having occurred within ten years, the violation is an aggravated offense and the person is guilty of a Class 4 felony. If a person is convicted of an aggravated violation of § 32-23-1, the court shall sentence the person to at least seven years in the state penitentiary, which sentence may not be suspended.
The court, in pronouncing
sentencing, shall order that the driver license of any person so
convicted be revoked for a period of not less than three years from
the date the sentence is imposed or three years from the date of
initial release from imprisonment, whichever is later. If the person
is returned to imprisonment prior to the completion of the period of
driver license revocation, time spent imprisoned does not count
toward fulfilling the period of revocation. If the person is
convicted of driving without a license during that period, the person
shall
must be
sentenced to the county jail for not less than twenty days, which
sentence may not be suspended. Notwithstanding § 23A-27-19,
the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation.
Upon the person's successful completion of a court-approved chemical dependency counseling program and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, or attendance at counseling programs.
For each person convicted under
this section and placed on probation, parole, or released from prison
due to a suspended sentence, the person's supervision
shall
must include at
least one of the following: enrollment in an alcohol or drug
accountability program, ignition interlock, breath alcohol interlock,
an alcohol monitoring bracelet, or another enhanced monitoring tool.
Supervision of the offender
shall
must be
overseen by the Unified Judicial System if the sentence does not
include a term of imprisonment in the penitentiary or by the
Department of Corrections if the sentence includes a term of
imprisonment in the penitentiary. Any offender supervised pursuant to
this section is not excluded from earned discharge credit as
otherwise authorized by statute.
If, during the period of
supervision imposed under this section, the person being supervised
violates conditions, the offender
shall
must be
penalized according to the graduated sanctions policy to be
established by the Supreme Court or the Department of Corrections,
respectively.
Underscores indicate new language.
Overstrikes
indicate deleted language.