CHAPTER 165
(HB 1163)
Driver license revocation and suspension procedure modified.
ENTITLED, An Act to
revise certain provisions regarding court suspensions and revocations of
driver licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
32-12-52.3
be amended to read as follows:
32-12-52.3.
Upon a first conviction or a first adjudication of delinquency for
a
any
violation,
while in a
motor
vehicle, of §§ 22-42-5 to
22-42-11
22-42-9
, inclusive, 22-42A-3
,
or 22-42A-4,
the court shall revoke the driver license or driving privilege of the
person
driver
so convicted for
a period of
one hundred eighty
ninety
days.
Upon a second or subsequent conviction or a second or subsequent adjudication of delinquency
for a violation, while in a
motor
vehicle, of §§ 22-42-5 to
22-42-11
22-42-9
, inclusive, 22-42A-3
,
or 22-42A-4, the court shall revoke the driver license or driving privilege of the
person
driver
so
convicted for a period of one year or until the person's seventeenth birthday, whichever is a longer
period of time. For any offense under this section, the court may issue an order
, upon proof of
financial responsibility pursuant to
§
32-35-43.1,
permitting the person to operate a
motor
vehicle
for purposes of the person's employment, attendance at school, or counseling programs.
Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial
System shall notify the Department of Public Safety of any conviction or adjudication of
delinquency for a violation, while in a
motor
vehicle, of §§ 22-42-5 to
22-42-11
22-42-9
, inclusive,
22-42A-3
,
or 22-42A-4. The period of revocation shall begin on the date the person's revoked
driver license is received by the court or the department. At the expiration of the revocation period,
a person may make application as provided by law and shall pay the license fee prescribed in § 32-
12-47.1.
Section
2.
That
§
32-12-52.4
be amended to read as follows:
32-12-52.4.
Upon a first conviction or a first adjudication as a child in need of supervision for
a violation of § 35-9-2 while in a
motor
vehicle, the court shall suspend the driver license or
driving privilege of
any
the
driver
of a vehicle who
, if the driver
was under the age of twenty-one
when the offense occurred, for a period of
six months
thirty days
.
Upon a second conviction or a second adjudication as a child in need of supervision for a
violation of
§
35-9-2 while in a vehicle, the court shall suspend the driver license or driving
privilege of the driver, if the driver was under the age of twenty-one when the offense occurred,
for a period of one hundred eighty days.
Upon a
second
third
or subsequent conviction or a
second
third
or subsequent adjudication as
a child in need of supervision for a violation of § 35-9-2 while in a
motor
vehicle, the court shall
suspend the driver license or driving privilege of
any
the
driver
of a vehicle who
, if the driver
was
under the age of twenty-one when the offense occurred, for a period of one year. For any offense
under this section, the court may issue an order
, upon proof of financial responsibility pursuant to
§
32-35-43.1,
permitting the person to operate a
motor
vehicle for purposes of the person's
employment, attendance at school, or attendance at counseling programs.
Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified
Judicial System shall notify the Department of Public Safety of any conviction or adjudication for
a violation, while in a
motor
vehicle, of § 35-9-2 or chapter 32-23. The period of suspension
shall
begin
begins
on the date the person's suspended driver license is received by the court or the
Department of Public Safety. At the expiration of the period of suspension, a person may make
application to have the license reinstated and pay the license fee as prescribed in § 32-12-47.1.
Section
3.
That
§
32-24-3
be amended to read as follows:
32-24-3.
If a conviction for a violation of § 32-24-1 is for a second or subsequent offense
within a period of one year, such person is guilty of a Class 1 misdemeanor, and the court shall,
in pronouncing sentence, order that the defendant's driving privilege be
suspended
revoked
for
thirty days. However, the court may
in its discretion
issue an order
, upon proof of financial
responsibility pursuant to
§
32-35-43.1,
permitting the person to operate a
motor
vehicle for
purposes of the person's employment
during the hours of the day and the days of the week as set
forth in the order
, attendance at school, or attendance at counseling programs
. The court may also
order the revocation of the defendant's driving privilege for a further period not to exceed one year
or restrict the privilege in such manner as it sees fit for a period not to exceed one year.
Section
4.
That
§
32-23-21
be amended to read as follows:
32-23-21.
It is a Class 2 misdemeanor for any person under the age of twenty-one years to
drive, operate, or be in actual physical control of any
motor
vehicle:
(1)
If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's
blood as shown by chemical analysis of the person's breath, blood, or other bodily
substance; or
(2)
After having consumed marijuana or any controlled drug or substance for as long as
physical evidence of the consumption remains present in the person's body.
If a person is found guilty of or adjudicated for a violation of this section, the Unified Judicial
System shall notify the Department of Public Safety. Upon conviction or adjudication, the court
shall suspend that person's driver's license or operating privilege for a period of
six months
thirty
days
for a first offense
, one hundred eighty days for a second offense,
or one year for any
second
third
or subsequent offense. However, the court may,
in its discretion
upon proof of financial
responsibility pursuant to
§
32-35.43.1
, issue an order permitting the person to operate a
motor
vehicle
during the hours and days of the week set forth in the order
for purposes of the person's
employment, attendance at school, or attendance at
court-ordered
counseling programs.
Section
5.
That
§
22-16-41
be amended to read as follows:
22-16-41.
Any person who, while under the influence of an alcoholic beverage, any controlled
drug or substance, marijuana, or a combination thereof, without design to effect death, operates
or drives a
motor
vehicle of any kind in a negligent manner and thereby causes the death of another
person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class
3 felony. In addition to any other penalty prescribed by law, the court may also order that the
driver's license of any person convicted of vehicular homicide be revoked for such period of time
as may be determined by the court
but in no case less than two years
.
Section
6.
That
§
32-12-15
be amended to read as follows:
32-12-15.
The issuance of an instruction permit, motorcycle instruction permit, restricted
minor's permit, or motorcycle restricted minor's permit is on a probationary basis. The Department
of Public Safety upon the receipt of a record of conviction for a traffic violation or for a violation
of the restrictions in § 32-12-11, 32-12-11.1, 32-12-12, 32-12-12.1, 32-12-13, or 32-12-14,
committed prior to the minor's sixteenth birthday shall suspend
or revoke
the minor's driving
privileges according to the following schedule:
(1)
A felony or Class 1 misdemeanor traffic conviction--suspension until the minor's
sixteenth birthday or as otherwise required by law;
(2)
A first Class 2 misdemeanor traffic conviction--suspension for thirty days or as
otherwise required by law;
(3)
A first conviction of a violation of the conditions of an instruction permit, a motorcycle
instruction permit, a restricted minor's permit, or a motorcycle restricted minor's permit-
-suspension for thirty days or as otherwise required by law;
(4)
A second Class 2 misdemeanor traffic conviction--
revocation
suspension
until the
minor's sixteenth birthday or for ninety days, whichever period is longer, or as otherwise
required by law; and
(5)
A second conviction of a violation of the conditions of an instruction permit, a
motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted
minor's permit--
revocation
suspension
until the minor's sixteenth birthday or for ninety
days, whichever period is longer, or as otherwise required by law.
No permit may be suspended for a first violation of § 32-14-9.1, 32-21-27, 32-25-5,
32-26-20,
or
34A-7-7
, or 32-26-20
.
If a minor has no instruction permit, motorcycle instruction permit, restricted minor's permit,
or motorcycle restricted minor's permit and is convicted of any traffic violation prior to the minor's
sixteenth birthday, the department shall suspend or revoke the minor's driving privilege or privilege
to apply for a driver license as provided in this section. A conviction for any traffic violation that
occurs prior to the issuance of an instruction permit, motorcycle instruction permit, restricted
minor's permit, motorcycle restricted minor's permit, motorcycle operator's license or an operator's
license shall be placed on the driving record and given the same consideration as any violation that
occurs following the issuance of an instruction permit, motorcycle instruction permit, restricted
minor's permit, motorcycle restricted minor's permit, motorcycle operator's license, or an operator's
license.
Signed March 7, 2006