ENTITLED, An Act to
provide for specific penalties for certain fifth and subsequent offense driving
under the influence convictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
32-23
be amended by adding thereto a NEW SECTION to read as
follows:
If conviction for violation of
§
32-23-1 is for a fifth offense, or subsequent offenses thereafter,
and the person has previously been convicted of a felony under
§
32-23-4, the person is guilty of a
Class 4 felony and the court, in pronouncing sentencing, shall unconditionally revoke the defendant's
driving privileges for such period of time as may be determined by the court, but in no event less
than two years from the date sentence is imposed or two years from the date of discharge from
incarceration, whichever is later. If 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 twenty days, which sentence
may not be suspended.
Section
2.
That
§
32-23-4.6
be amended to read as follows:
32-23-4.6.
If conviction for a violation of § 32-23-1 is for a fourth offense and the person has
previously been convicted of a felony under § 32-23-4, the person is guilty of a Class 5 felony, and
the court, in pronouncing sentence, shall unconditionally revoke the defendant's driving privileges
for such period of time as may be determined by the court, but in no event less than two years from
the date sentence is imposed or two years from the date of discharge from incarceration, whichever
is later. If 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 twenty days, which sentence may not be suspended.
An Act to provide for specific penalties for certain fifth and subsequent offense driving under the
influence convictions.
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I certify that the attached
Act
originated in the
SENATE as
Bill
No.
98
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate
Bill
No.
98
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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