ENTITLED, An Act to revise certain provisions pertaining to the age requirements for sex offender
registry registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-2 be amended to read as follows:
22-24B-2. Any person who has been convicted for commission of a sex crime, as defined in
§ 22-24B-1, shall register as a sex offender. The term, convicted, includes a verdict or plea of guilty,
a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged
pursuant to § 23A-27-14 prior to July 1, 1995. Any juvenile fourteen years or older at the time of the
offense shall register as a sex offender if that juvenile has been adjudicated of rape as defined in
subdivision 22-24B-1(1), or of an out-of-state or federal offense that is comparable to the elements
of these crimes of rape or any crime committed in another state if the state also requires a juvenile
adjudicated of that crime to register as a sex offender in that state. The term, adjudicated, includes
a court's finding of delinquency, an admission, and a suspended adjudication of delinquency which
has not been discharged pursuant to § 26-8C-4 prior to July 1, 2009. The sex offender shall register
within three business days of coming into any county to reside, temporarily domicile, attend school,
attend postsecondary education classes, or work. Registration shall be with the chief of police of the
municipality in which the sex offender resides, temporarily domiciles, attends school, attends
postsecondary education classes, or works, or, if no chief of police exists, then with the sheriff of the
county. If the sex offender is not otherwise registered in the state, the sex offender shall register
within three business days of coming into any county when the sex offender applies for or receives
a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to
vote. A violation of this section is a Class 6 felony. Any person whose sentence is discharged
pursuant to § 23A-27-14 after July 1, 1995, shall forward a certified copy of such formal discharge
by certified mail to the Division of Criminal Investigation and to local law enforcement where the
person is then registered under this section. Upon receipt of the notice, the person shall be removed
from the sex offender registry open to public inspection and shall be relieved of further registration
requirements under this section. Any juvenile whose suspended adjudication is discharged pursuant
to § 26-8C-4 after July 1, 2009, shall forward a certified copy of the formal discharge by certified
mail to the Division of Criminal Investigation and to local law enforcement where the juvenile is
then registered under this section. Upon receipt of the notice, the juvenile shall be removed from the
sex offender registry open to public inspection and shall be relieved of further registration
requirements under this section.
An Act to revise certain provisions pertaining to the age requirements for sex offender registry
registration.
=========================
I certify that the attached Act
originated in the
HOUSE as Bill No. 1142
____________________________
Chief Clerk
=========================
____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1142
File No. ____
Chapter No. ______
|
|
=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
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
|