State of South Dakota
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EIGHTY-FIFTH SESSION LEGISLATIVE ASSEMBLY, 2010 |
970R0141 | SENATE BILL NO. 10 |
Introduced by: Senators Abdallah and Jerstad and Representatives Gosch, Engels, Gibson,
and Sly at the request of the Interim Sex Offender Registry Committee
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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 fifteen years or older shall register as a sex offender if that juvenile has been adjudicated of a sex crime as defined in § 22-22-7.2, 22-24B-1(1), or 22-24B-1(9), or of an out-of-state or federal offense that is comparable to the elements of these three sex crimes 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
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 five 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 under
§ 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 such 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 under § 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.
Section 2. That § 22-24B-6 be amended to read as follows:
22-24B-6. Any person who is registered as required by § 22-24B-2 and who is employed,
carries on a vocation, or attends postsecondary classes at an institution of higher education,
institution of higher learning, or technical institute in this state shall, within five three business
days of any commencement and within five three business days of termination of such
enrollment or employment or change in employer, report to the chief of police or county sheriff
where the institution is located and complete a registration update form. A violation of this
section is a Class 6 felony.
Section 3. That § 22-24B-30 be amended to read as follows:
22-24B-30. Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14,
inclusive, who is incarcerated or is a juvenile offender committed to the Department of
Corrections, shall register within five three business days of admission to the correctional
facility or commitment to the Department of Corrections.
Section 4. That § 22-24B-31 be amended to read as follows:
22-24B-31. Any person with a foreign criminal conviction, which requires the person to register either as a sex offender pursuant to § 22-24B-2, pursuant to the laws of the state where the conviction took place, or pursuant to any court order, shall be required to register within
Section 5. That chapter 22-24B be amended by adding thereto a NEW SECTION to read as follows: