ENTITLED An Act to prohibit eligibility for a suspended imposition of sentence for certain rape offenses.

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

Section 1. That § 23A-27-13 be AMENDED:

23A-27-13. Except as provided in section 2 of this Act, upon receiving a verdict or plea of guilty for a felony not punishable by death or life imprisonment by a person never before convicted of a crime that at the time of conviction constitutes a felony in this state, a court having jurisdiction of the defendant, if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for a period and upon any terms and conditions as the court may deem best. No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a felony, is eligible to be granted a second suspended imposition of sentence for a felony. A court may revoke the suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period.

Section 2. That a NEW SECTION be added to chapter 23A-27:

No person who has been convicted of, or pled guilty or nolo contendere to, rape under subdivision 22-22-1(2) or (3) may be granted a suspended imposition of sentence under § 23A-27-13. This section does not apply to a person adjudicated as a juvenile or a juvenile tried as an adult for a crime under subdivisions 22-22-1(2) or (3).

An Act to prohibit eligibility for a suspended imposition of sentence for certain rape offenses.

I certify that the attached Act originated in the: House as Bill No. 1096 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1096 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State