CHAPTER 227

(HB 1048)

A nonresident violator of game, fish and parks laws
may be required to post bond.


         ENTITLED, An Act to  modify certain bonding provisions for nonresident violators of game, fish and park laws.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 41-15-11 be amended to read as follows:

     41-15-11.   If any resident is arrested for a violation of any provision of this title, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of chapter 41-9, fishing, hunting, or trapping on private land, shall be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. A nonresident arrested for any other violation of the provisions of this title, except chapter 41-9, may be required to post bond in the amount outlined above before being released from custody any provision of this title may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody . Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.

     Signed February 1, 2005
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