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HB 1004 to increase the penalty for failure to appear if...

State of South Dakota  
SEVENTY-SECOND  SESSION
LEGISLATIVE ASSEMBLY,  1997
 

346A0022  
HOUSE BILL   NO.     1004  

        Introduced by:  Representatives Brooks, Belatti, DeMersseman, Duniphan, and Koskan and Senator Whiting at the request of the Interim Criminal Code Revision Committee  

         FOR AN ACT ENTITLED, An Act  to increase the penalty for failure to appear if a person is charged with a felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 23A-43-31 be amended to read as follows:
     23A-43-31.   Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall:
             (1)    If such person was released in connection with a charge of a felony, an alleged felony violation of §   32-23-1, or while awaiting sentence or pending appeal or certiorari after conviction of any offense, be guilty of a Class 6 felony one class higher than for the most severe principal offense, not to exceed a Class B felony ;
             (2)    If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or
             (3)    If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor.


750 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.015 per page.
  .   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.