State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

951U0369   HOUSE BILL   NO.  1092  

Introduced by:    Representatives Stevens, Bartling, Feinstein, Gibson, Gosch, Hajek, and Johns and Senators Kirkeby, Hunhoff (Jean), Lederman, Maher, and Rhoden
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the expungement of arrest records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 23A-3-27 be amended to read as follows:
    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)    With the consent of the prosecuting attorney at At any time after the prosecuting attorney formally dismisses the entire criminal case on the record; or
            (3)    At any time after an acquittal.

170 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.093 per page.   		.
   		Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.