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State of South Dakota
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SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
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HOUSE JUDICIARY COMMITTEE ENGROSSED
NO.
HB 1081
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01/18/2002
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Introduced by:
Representatives Madsen, Abdallah, Bartling, Brown (Jarvis), Davis,
Duenwald, Fryslie, Garnos, Gillespie, Hargens, Hennies (Thomas), Holbeck,
Hunhoff, Juhnke, Klaudt, Lintz, McCaulley, McCoy, Michels, Monroe,
Murschel, Nachtigal, Napoli, Peterson (Bill), Peterson (Jim), Pitts, Rhoden,
Sebert, Sutton (Duane), Teupel, and Van Gerpen and Senators Greenfield,
Apa, Bogue, Hutmacher, McCracken, Moore, and Olson (Ed)
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FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the revocation or
suspension of driving privileges upon conviction for unlawful sales, purchases, possession,
or consumption of alcoholic beverages involving persons under twenty-one years of age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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
person'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
some other
manner as
it sees
the court may see
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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
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
person's
driving privileges for a period not less than sixty 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 some other manner as the court may see
fit for a period not to exceed one year.
