An Act to revise provisions related to driving under the influence.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 32-23-2 be AMENDED:
32-23-2.
If conviction for
a violation of § 32-23-1
is for a first offense, such
the person is
guilty of a Class 1 misdemeanor, and the
defendant's driving privileges shall be revoked
court shall revoke the person's driver license for
not less than thirty days. However, the court may in its discretion
issue an order,
upon proof of financial responsibility,
pursuant to § 32-35-113,
permitting the person to operate a vehicle for purposes of
employment, 24/7 sobriety testing, attendance at school, child
care delivery or pickup, or
attendance at counseling programs. The court may also order the
revocation of the
defendant's
person'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 2. That § 32-23-3 be AMENDED:
32-23-3.
If conviction for
a violation of § 32-23-1
is for a second offense,
such
the person is
guilty of a Class 1 misdemeanor, and the court shall, in pronouncing
sentence,unconditionally
revoke the defendant's
driving privilegeperson's
driver license
for a period of not less than one year. However, upon the successful
completion of a court-approved chemical dependency program, and proof
of financial responsibility pursuant to § 32-35-113,
the court may permit the person to drive for the purposes of
employment, 24/7 sobriety testing, attendance at school, child
care delivery or pickup, or
attendance at counseling programs. If
such
the person is
convicted of driving without a license during that period, the person
shall be sentenced to the county jail for not less than three days,
which sentence may not be suspended.
Section 3. That § 32-23-4 be AMENDED:
32-23-4.
If conviction for
a violation of § 32-23-1
is for a third offense, the person is guilty of a Class 6 felony, and
the court, in pronouncing sentence, shall
order that
revoke
thedriver's
license of any person so convicted be revoked
person's driver license
for a period of not less than one year from the date sentence is
imposed or one year from the date of initial release from
imprisonment, whichever is later. In the event the person is returned
to imprisonment prior to the completion of the period of driver's
license revocation, time spent imprisoned does not count toward
fulfilling the period of revocation. If the person is convicted of
driving without a license during that period,
he
the person
shall be sentenced to the county jail for not less than ten days,
which sentence may not be suspended. Notwithstanding § 23A-27-19,
the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation. Upon the
successful completion of a court-approved chemical dependency
counseling program, and proof of financial responsibility pursuant to
§ 32-35-113,
the court may permit the person to operate a vehicle for the purposes
of employment, 24/7 sobriety testing, attendance at school, child
care delivery or pickup, or
attendance at counseling programs.
Section 4. That § 32-23-4.6 be AMENDED:
32-23-4.6.
If conviction for
a violation of § 32-23-1
is for a fourth offense, the person is guilty of a Class 5 felony,
and the court, in pronouncing sentence, shallorder
that
revoke the
driver's license of any person so convicted be revoked
person's driver license
for a period of not less than two years from the date sentence is
imposed or two years from the date of initial release from
imprisonment, whichever is later. If the person is returned to
imprisonment prior to the completion of the period of driver's
license revocation, time spent imprisoned does not count toward
fulfilling the period of revocation. If the person is convicted of
driving without a license during that period, theperson
court
shallbe
sentenced
sentence
the person to
the county jail for not less than twenty days, which sentence may not
be suspended. Notwithstanding § 23A-27-19,
the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation. Upon the
successful completion of a court-approved chemical dependency
counseling program, and proof of financial responsibility pursuant to
§ 32-35-113,
the court may permit the person to operate a vehicle for the purposes
of employment, 24/7 sobriety testing, attendance at school, child
care delivery or pickup, or
attendance at counseling programs. Further, sentencing pursuant to
this section includes the provisions of § 23A-27-18.
Section 5. That § 32-23-4.7 be AMENDED:
32-23-4.7.
If conviction for
violation of § 32-23-1
is for a fifth offense, or subsequent offenses thereafter, the person
is guilty of a Class 4 felony and the court, in pronouncing
sentencing, shall
order that the driver's license of any person so convicted be revoked
revoke the person's driver license
for a period of not less than three years from the date sentence is
imposed or three years from the date of initial release from
imprisonment, whichever is later. In the event the person is returned
to imprisonment prior to the completion of the period of driver's
license revocation, time spent imprisoned does not count toward
fulfilling the period of revocation. If the person is convicted of
driving without a license during that period, theperson
court shallbe
sentenced
sentence
the person to
the county jail for not less than twenty days, which sentence may not
be suspended. Notwithstanding § 23A-27-19,
the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation. Upon the
successful completion of a court-approved chemical dependency
counseling program, and proof of financial responsibility pursuant to
§ 32-35-113,
the court may permit the person to operate a vehicle for the purposes
of employment, 24/7 sobriety testing, attendance at school, child
care delivery or pickup, or
attendance at counseling programs.
Section 6. That § 32-23-4.9 be AMENDED:
32-23-4.9. If a conviction for a violation of § 32-23-1 is for a sixth offense, or subsequent offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-five years of the violation being charged, and at least two of those prior convictions having occurred within ten years, the violation is an aggravated offense and the person is guilty of a Class 4 felony.
The court, in pronouncing
sentencing, shall
order that the driver license of any person so convicted be revoked
revoke the person's driver license
for a period of not less than three years from the date the sentence
is imposed or three years from the date of initial release from
imprisonment, whichever is later. If the person is returned to
imprisonment prior to the completion of the period of driver license
revocation, time spent imprisoned does not count toward fulfilling
the period of revocation. If the person is convicted of driving
without a license during that period, theperson
court
shallbe
sentenced
sentence
the person to
the county jail for not less than twenty days, which sentence may not
be suspended. Notwithstanding § 23A-27-19,
the court retains jurisdiction to modify the conditions of the
license revocation for the term of such revocation.
Upon the person's successful completion of a court-approved chemical dependency counseling program and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, or attendance at counseling programs.
For each person convicted under
this section and placed on probation, parole, or released from prison
due to a suspended sentence, the person's supervision
shall
must include at
least one of the following: enrollment in an alcohol or drug
accountability program, an
ignition
interlock,
a breath
alcohol interlock, an alcohol monitoring bracelet, or another
enhanced monitoring tool. Supervision
of the offender shall be overseen by theThe
Unified
Judicial System shall
oversee supervision of the offender if
the sentence does not include a term of imprisonment in the
penitentiary
or by the.
The Department
of Corrections
shall oversee supervision of the offender
if the sentence includes a term of imprisonment in the penitentiary.
Any offender supervised pursuant to this section is not excluded from
earned discharge credit as otherwise authorized by statute.
If, during the period of
supervision imposed under this section, the person being supervised
violates conditions, the
offender shall
person must be
penalized according to the graduated sanctions policy to be
established by the Supreme Court or the Department of Corrections,
respectively.
Signed February 14, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.