CHAPTER 223

(HB 1033)

A person arrested for a boating violation may be released from custody upon executing a written promise to appear.


         ENTITLED, An Act to  permit persons arrested for certain boating violations to be released upon execution of a promise to appear in court or upon furnishing a bond and to provide a penalty for failure to appear in court.

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

     Section  1.  That chapter 42-8 be amended by adding thereto a NEW SECTION to read as follows:

     If any resident of the state is arrested for a violation of any provision of this chapter or chapter 32-3A, punishable as a Class 2 misdemeanor, the arresting officer shall obtain 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 resident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.

     If any nonresident is arrested for a violation of any provision of this chapter or chapter 32-3A, punishable as a Class 2 misdemeanor, the arresting officer shall obtain the name and address of the person and information relative to the violation. The arresting officer may issue the person a summons in writing to appear in court or may require the nonresident to furnish a 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. If the officer issues the nonresident a summons in writing to appear in court the officer shall release the nonresident from custody upon receiving from the person a written promise to appear at the time and place designated by the officer.

     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 3, 2006
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