22.545.12 97th Legislative Session 376

2022 South Dakota Legislature

Senate Bill 151

ENROLLED

An Act

ENTITLED An Act to revise the automatic removal of certain convictions 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. Any case consisting of the following charges or convictions must be automatically removed from a defendant's public record five years after disposition 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:

(1) A case in which all charges are petty offenses, municipal ordinance violations, or Class 2 misdemeanors; or

(2) A case in which all charges are petty offenses, municipal ordinance violations, Class 2 misdemeanors, and Class 1 misdemeanors for the use or possession of marijuana or any derivative of marijuana.

Following the removal of any charge or conviction under this section, no person may be held under any provision of law to be guilty of perjury or of giving a false statement by reason of the person's failure to recite or acknowledge the person's arrest, indictment or information, or trial in response to any inquiry made of the person for any purpose. However, the case record remains available to court personnel, the Division of Criminal Investigation, 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 the automatic removal of certain convictions from a background check record.

I certify that the attached Act originated in the:

Senate as Bill No. 151

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 151

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