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State of South Dakota
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SEVENTY-SIXTH
SESSION
LEGISLATIVE ASSEMBLY, 2001 |
| 448E0567 |
SENATE JUDICIARY COMMITTEE ENGROSSED
NO.
HB 1154
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02/12/2001
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| Introduced by: Representatives Adelstein, Abdallah, Brown (Richard), and Duniphan and Senator Whiting |
FOR AN ACT ENTITLED, An Act to
clarify the application of certain driving privilege
penalties with regard to juvenile adjudications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-52.4 be amended to read as follows:
32-12-52.4. Upon a first conviction or a first adjudication of delinquency for violation, while in a motor vehicle, of § 35-9-2, the court shall suspend the driver's license or driving privilege of any driver of a vehicle who was under the age of twenty-one when the offense occurred, for a period of six months.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-52.4 be amended to read as follows:
32-12-52.4. Upon a first conviction or a first adjudication of delinquency for violation, while in a motor vehicle, of § 35-9-2, the court shall suspend the driver's license or driving privilege of any driver of a vehicle who was under the age of twenty-one when the offense occurred, for a period of six months.
Upon a second or subsequent conviction
or a second or subsequent adjudication of
delinquency
for a violation, while in a motor vehicle, of
§
35-9-2, the court shall suspend the
driver's license or driving privilege of any driver of a vehicle who was under the age of
twenty-one when the offense occurred, for a period of one year. For any offense under this
section, the court may issue an order permitting the person to operate a motor vehicle for
purposes of the person's employment or attendance at school.
Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified
Judicial System shall notify the Department of Commerce and Regulation of any conviction
or
adjudication
for a violation, while in a motor vehicle, of
§
35-9-2 or chapter 32-23. The period
of suspension shall begin on the date the person's suspended driver's license is received by the
court or the Department of Commerce and Regulation. At the expiration of the period of
suspension, a person may make application to have the license reinstated and pay the license fee
as prescribed in
§
32-12-47.1.
Section 2. That § 35-9-7 be amended to read as follows:
35-9-7. If the conviction or adjudication for a violation of § 35-9-1, 35-9-1.1, or 35-9-2 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the
revocation
suspension
of the defendant's driving privileges for a period not less than thirty days
and not to exceed one year. However, the court may issue an order permitting the person to
operate a motor vehicle for purposes of the person's employment or attendance at school or to
court-ordered counseling programs during the hours of the day and the days of the week set
forth in the order. The court may also restrict the privilege in such manner as it sees fit for a
period not to exceed one year.
Section 2. That § 35-9-7 be amended to read as follows:
35-9-7. If the conviction or adjudication for a violation of § 35-9-1, 35-9-1.1, or 35-9-2 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the
If the conviction
or adjudication
for a violation of
§
35-9-1, 35-9-1.1, or 35-9-2 is for a
second or subsequent offense, the court shall, in addition to any other penalty allowed by law,
order the
revocation
suspension
of the defendant's driving privileges for a period not less than
sixty days and not to exceed one year.
