FOR AN ACT ENTITLED, An Act to establish the crime of second degree vehicular battery and to provide penalties therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 22-16 be amended by adding thereto a NEW SECTION to read as follows:

     Any person who, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a reckless manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of second degree vehicular battery. Second degree vehicular battery is a Class 5 felony. In addition to any other penalty prescribed by law, the court may also order that the driver's license of any person convicted of vehicular battery be revoked for a period of two years subsequent to release from incarceration.
     Section  2.  That § 22-16-42 be amended to read as follows:
     22-16-42.   Any person who, while under the influence of an alcoholic beverage, any controlled drug or substance, or a combination thereof, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of first degree vehicular battery. Vehicular First degree vehicular battery is a Class 4 felony. In addition to any

other penalty prescribed by law, the court may also order that the driver's license of any person convicted of first degree vehicular battery be revoked for a period of two years subsequent to release from incarceration.