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HB 1108 revise certain provisions regarding when and by...
State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007
 

625N0462  
HOUSE BILL   NO.     1108  

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  


         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.


250 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.038 per page.
 
.   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.