State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
400N0331 |
HOUSE ENGROSSED
NO.
HB 1069
-
02/06/2007
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Introduced by:
The Committee on Appropriations at the request of the Office of the Attorney
General
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FOR AN ACT ENTITLED, An Act to
increase liquidated court costs and revise how they are
allocated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-3-52 be amended to read as follows:
23-3-52. In addition to any other penalty, assessment, or fine provided by law, there shall be levied liquidated costs in the amount of
thirty
forty
dollars for partial reimbursement to state
government and its subdivisions for law enforcement and judicial expenses incurred in
providing the personnel, training, and facilities relative to the criminal justice system and to the
911 emergency reporting system, on each conviction for the following:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-3-52 be amended to read as follows:
23-3-52. In addition to any other penalty, assessment, or fine provided by law, there shall be levied liquidated costs in the amount of
(1)
Violation of state statutes or regulations having criminal penalties; or
(2)
Violation of county or municipal ordinances.
If a fine is suspended in whole or in part, the liquidated costs for law enforcement and
training may not be reduced, except that the judge may waive all or any part of the payment of
liquidated costs which would work a hardship on the person convicted or on the person's
immediate family.
Section 2. That § 23-3-53 be amended to read as follows:
23-3-53. After a determination by the court of the amount due, the clerk of courts shall collect the amount due and transmit such amount monthly to the state treasurer. The state treasurer shall place
twenty
thirty
dollars of the
thirty
forty
dollar fee into the law enforcement
officers training fund, six dollars of the
thirty
forty
dollar fee into the court appointed attorney
and public defender payment fund, two dollars of the
thirty
forty
dollar fee into the court
appointed special advocates fund, one dollar of the
thirty
forty
dollar fee into the 911
telecommunicator training fund, and one dollar of the
thirty
forty
dollar fee into the abused and
neglected child defense fund.
Section 2. That § 23-3-53 be amended to read as follows:
23-3-53. After a determination by the court of the amount due, the clerk of courts shall collect the amount due and transmit such amount monthly to the state treasurer. The state treasurer shall place