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HB 1217 revise the procedure for determining the period...

State of South Dakota  
SEVENTY-FOURTH SESSION
LEGISLATIVE ASSEMBLY,  1999
 

447C0744  
HOUSE BILL   NO.     1217  

        Introduced by: Representatives Hennies, Apa, Broderick, Koehn, Kooistra, Lintz, and McIntyre and Senators Ham, Albers, Bogue, Drake, Dunn (Rebecca), Kleven, Lawler, and Vitter  

         FOR AN ACT ENTITLED, An Act to revise the procedure for determining the period of time that has elapsed for a person who was previously convicted of driving under the influence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 32-23-4.1 be amended to read as follows:
     32-23-4.1.   No previous conviction for, or plea of guilty to , a violation of §  32-23-1 occurring more than five years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense. However, any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the five-year time period has elapsed.


750 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.016 per page.
  .   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.