State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
625N0462 |
HOUSE BILL
NO.
1108
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Introduced by:
Representatives Van Etten, Buckingham, Dreyer, Elliott, Faehn, Gilson,
Glenski, Halverson, Hanks, Haverly, Hills, Howie, Kirkeby, Lust,
McLaughlin, Miles, Moore, Novstrup (Al), Novstrup (David), Nygaard,
Olson (Ryan), Pederson (Gordon), Peters, Rausch, Rhoden, Steele, Street,
Thompson, Turbiville, Vehle, and Weems and Senators McCracken, Gant,
Hanson (Gary), Hundstad, Napoli, Schmidt, and Smidt
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FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding when and by whom
chemical dependency evaluations occur after a conviction of driving while under the
influence of drugs or alcohol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-2.1 be amended to read as follows:
32-23-2.1. Any person convicted of a first offense pursuant to § 32-23-1
with a 0.17 percent
or more by weight of alcohol in the person's blood
shall, in addition to the penalties provided
in § 32-23-2, be required to undergo a court-ordered evaluation
by a chemical dependency
counselor as defined in
§
34-20A-2 or a licensed or certified health care professional with
specialized training in chemical dependency evaluation
to determine if the defendant is
chemically dependent. The cost of such evaluation shall be paid by the defendant.
The
recommendations of the evaluation shall be reviewed by the referring judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-2.1 be amended to read as follows:
32-23-2.1. Any person convicted of a first offense pursuant to § 32-23-1
250 copies of this document were printed by the South Dakota Legislative Research Council at a cost of $.038 per page. |
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Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by |