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State of South Dakota  
SEVENTY-THIRD SESSION
LEGISLATIVE ASSEMBLY,  1998  

446B0542  
CONFERENCE COMMITTEE ENGROSSED   NO. SB206   -   2/26/98  

        Introduced by: Senators Kleven, Albers, Drake, Flowers, Hunhoff, Johnson (William), Rounds, and Vitter and Representatives Pummel, Apa, Duenwald, Duniphan, Hagg, Jaspers, McNenny, Pederson (Gordon), and Wetz  

         FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the disposition of seized controlled weapons and firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 23A-37-13 be amended to read as follows:
     23A-37-13.   Any controlled weapon or firearm used in violation of chapter 22-14 shall be disposed of as follows:
             (1)      If it is stolen, it shall be returned to the lawful owner upon proof of ownership; or
             (2)      If it is illegal, it shall be destroyed pursuant to law; or
             (3)      If it is neither stolen nor illegal, it shall be delivered to the sheriff in the county in which it was seized arresting agency for lawful use or disposal .
     In the case of a disposition pursuant to subdivision (3), the sheriff shall provide for its sale at public auction within one year of delivery and shall deposit the proceeds in the county general fund. Such forfeiture shall be conducted in accord with the rules of civil procedure arresting agency may use, trade-in, or destroy the controlled weapon or firearm .
BILL HISTORY
1/26/98 First read in Senate and referred to Judiciary.   S.J.   197
2/2/98 Scheduled for Committee hearing on this date.
2/2/98 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0.   S.J.   276
2/4/98 Senate Do Pass Amended, Passed, AYES 34, NAYS 0.   S.J.   335
2/5/98 First read in House and referred to Judiciary.   H.J.   421
2/18/98 Scheduled for Committee hearing on this date.
2/18/98 Judiciary Do Pass, Passed, AYES 12, NAYS 0.   H.J.   774
2/20/98 House of Representatives Deferred to another day.   H.J.   826
2/23/98 Motion to Amend, Passed.   H.J.   856
2/23/98 House of Representatives Do Pass Amended, Passed, AYES 62, NAYS 4.   H.J.   856
2/23/98 House of Representatives Title Amended Passed.   H.J.   857
2/25/98 Senate failed to concur, appoint Conference Committee.   S.J.   699
2/26/98 Senate Conference committee report adopted Passed, AYES 28, NAYS 0.
2/26/98 House of Representatives Conference committee report adopted Passed, AYES 56, NAYS 3.