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 § 35-9-1.1 or 35-9-2 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the suspension of the
Section 2. That § 35-9-7 be amended to read as follows:
35-9-7. If the conviction or adjudication for a violation of § 35-9-1.1 or 35-9-2 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the 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.
If the conviction or adjudication for a violation of
§
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
suspension of the defendant's driving privileges for a period not less than sixty days and not to exceed
one year.
Section 3. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
If the conviction or adjudication for a violation of
§
35-9-1 is for a first offense, the court shall,
in addition to any other penalty allowed by law, order the revocation 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.
If the conviction or adjudication for a violation of
§
35-9-1 is for a second or subsequent offense,
the court shall, in addition to any other penalty allowed by law, order the revocation of the
defendant's driving privileges for a period not less than sixty days and not to exceed one year.
An Act to clarify the application of certain driving privilege penalties with regard to juvenile adjudications.
An Act to clarify the application of certain driving privilege penalties with regard to juvenile adjudications.
|
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1154
|
____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1154
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
