FOR AN ACT ENTITLED, An Act to  increase certain penalties for eluding a law enforcement officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 32-33-18 be amended to read as follows:
     32-33-18.   Any driver of a motor vehicle , who intentionally fails or refuses to bring a vehicle to a stop , or who otherwise flees or attempts to elude a pursuing law enforcement vehicle, when given visual or audible signal to bring the vehicle to a stop, is guilty of eluding. The signal given by the law enforcement officer may be by hand, voice, emergency light, or siren. The officer giving the signal shall be in uniform, prominently displaying a badge of office, and the vehicle shall be appropriately marked showing it to be an official law enforcement vehicle.

     Eluding is a Class 1 misdemeanor Class 6 felony . In addition, the court shall order that the defendant's driver's license be revoked for one year, but may issue an order allowing the defendant to operate a motor vehicle for purposes of the defendant's employment, attendance at school, or counseling programs. Any person who is found guilty of eluding is subject to the additional enhanced penalties if the course of eluding results in:

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             (1)      Death or great bodily injury to another person, a Class 4 Class 3 felony; and

             (2)      Substantial bodily injury to another person or property damage in excess of five hundred dollars to property belonging to a person other than the person eluding, a Class 6 Class 5 felony.

     For any subsequent violation, the court shall order that the defendant's driver's license be revoked for five years.