AN ACT
ENTITLED, An Act to revise provisions related to the sex offender registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-19 be amended to read:
22-24B-19. To be eligible for removal from the registry as a Tier I offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-19 be amended to read:
22-24B-19. To be eligible for removal from the registry as a Tier I offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:
(1) At least five years have elapsed since the date the petitioner first registered pursuant to
this chapter;
(2) The crime requiring registration was for:
(a) Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape
under subdivision 22-22-1(5), but only if the petitioner was twenty-one years of age
or younger at the time the offense was committed or attempted;
(b) A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1);
(c) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and
sixteen and the petitioner was at least three years older than the victim, but only if
the petitioner was twenty-one years of age or younger at the time the offense was
committed; or
(d) An out-of-state, federal or court martial offense that is comparable to the elements
of the crimes listed in (a), (b), or (c);
(3) The circumstances surrounding the crime requiring registration did not involve a child
under the age of thirteen;
(4) The petitioner is not a recidivist sex offender;
(5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
(6) Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk
or danger to the community.
For purposes of this section, any period of time during which the petitioner was incarcerated or
during which the petitioner was confined in a mental health facility does not count toward the five-year calculation, regardless of whether such incarceration or confinement was for the sex offense
requiring registration or for some other offense.
An Act to revise provisions related to the sex offender registry
An Act to revise provisions related to the sex offender registry
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I certify that the attached Act originated in the
HOUSE as Bill No. 1244
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1244 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
