An Act to establish the crime of aggravated careless driving and provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 32-24:

Any person who drives any vehicle in a careless manner, as defined by § 32-24-8, at a speed of twenty or more miles per hour over the posted speed limit, is guilty of aggravated careless driving. Aggravated careless driving is a Class 1 misdemeanor.

Upon conviction under this section, the court shall revoke the person's driver license for a period of not less than one year. For a first offense, and upon proof of financial responsibility pursuant to § 32-53-43.1, the court may issue an order permitting the defendant to operate a vehicle for the purposes of the defendant's employment or attendance at school or a counseling program. No such order may be issued for a second or subsequent offense.