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State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
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HOUSE JUDICIARY COMMITTEE ENGROSSED
NO.
HB 1108
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01/29/2007
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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 provided to 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 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 provided to the referring judge.
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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 |
