22.517.12 97th Legislative Session 637

2022 South Dakota Legislature

Senate Bill 83

ENROLLED

An Act

ENTITLED An Act to modify when a motion for expungement of an arrest record may be made and to declare an emergency.

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

Section 1. That § 23A-3-27 be AMENDED:

23A-3-27. An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:

(1) After one year from the date of any arrest, if no accusatory instrument was filed;

(2) After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record;

(3) At any time after an acquittal; or

(4) Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity.

Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

An Act to modify when a motion for expungement of an arrest record may be made and to declare an emergency.

I certify that the attached Act originated in the:

Senate as Bill No. 83

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 83

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2022 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2022

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2022

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State