22.545.12 97th Legislative Session 376
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:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2022 at ____________M.
for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2022
ss. Office of the Secretary of State
Filed ____________, 2022 at _________ o'clock __M.
Secretary of State
Asst. Secretary of State
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