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26.289.9 101st Legislative Session 1013 South Dakota Legislature House Bill 1013 Introduced by:
26.289.10 101st Legislative Session 1013 South Dakota Legislature House Bill 1013 ENROLLED A N ACT ENTITLED An Act to clarify the purposes permitted for certain offenders to operate a motor vehicle.
The Chair of the Committee on Judiciary at the request of the Chief Justice An Act to clarify the purposes permitted for certain offenders to operate a motor vehicle.
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
Upon a first conviction or a first adjudication of delinquency for any violation, while in a vehicle, of §§ 22-42-5 to, 22-42-5.1, 22-42-6, 22-42-7, 22-42-8, 22- 42-9, inclusive, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving privilege of the driver so individual convicted for a period of ninety days.
Upon a first conviction or a first adjudication of delinquency for any violation, while in a vehicle, of § 22-42-5, 22-42-5.1, 22-42-6, 22-42-7, 22-42-8, 22-42- 9, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving privilege of the individual convicted for a period of ninety days.
Upon a second or subsequent conviction or a second or subsequent adjudication of delinquency for a violation, while in a vehicle, of §§ 22-42-5 to, 22-42-5.1, 22-42-6, 22- 42-7, 22-42-8, 22-42-9, inclusive, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving privilege of the driver so individual convicted for a period of one year, or until the person's individual's seventeenth birthday, whichever is a longer period of time.
Upon a second or subsequent conviction or a second or subsequent adjudication of delinquency for a violation, while in a vehicle, of § 22-42-5, 22-42-5.1, 22-42-6, 22-42- 7, 22-42-8, 22-42-9, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving privilege of the individual convicted for a period of one year, or until the individual's seventeenth birthday, whichever is a longer period of time.
For any offense under this section, the court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, permitting the person individual to operate a vehicle for purposes of the person's employment, attendance at school, child care delivery or pickup, health appointments, or attendance at school, court, probation appointments, 24/7 sobriety testing, counseling programs, treatment, or aftercare.
For any offense under this section, the court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1, permitting the individual to operate a vehicle for purposes of the person's employment, child care delivery or pickup, health appointments, or attendance at school, court, probation appointments, 24/7 sobriety testing, counseling programs, treatment, or aftercare.
Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication of delinquency for a violation, while in a vehicle, of §§ 22-42-5 to, 22-42- 5.1, 22-42-6, 22-42-7, 22-42-8, 22-42-9, inclusive, 22-42A-3, or 22-42A-4.
Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication of delinquency for a violation, while in a vehicle, of § 22-42-5, 22-42-5.1, 22-42-6, 22-42-7, 22-42-8, 22-42-9, 22-42A-3, or 22-42A-4.
The period of revocation shall must begin on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier.
The period of revocation must begin on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier.
At the expiration of the revocation period, a person the individual may make application apply to reinstate the Overstrikes indicate deleted language.
At the expiration of the revocation period, the individual may apply to reinstate the person's license as provided by law and shall pay the license fee prescribed in § 32-12-47.1.
26.289.9 2 1013 person's license as provided by law and shall pay the license fee prescribed in § 32-12- 47.1.
26.289.10 2 1013 Section 2.
Section 2.
Upon suspending a person's driving privileges pursuant to § 32-35- 121, the magistrate judge or circuit judge shall must restrict the person's driving privileges to driving to and from the person's employment and to driving that is required in the person's course of employment only permit the operation of a motor vehicle for purposes of the person's employment, child care delivery or pickup, health appointments, or attendance at school, court, probation appointments, 24/7 sobriety testing, counseling programs, treatment, or aftercare.
Upon suspending a person's driving privileges pursuant to § 32-35- 121, the magistrate judge or circuit judge must restrict the person's driving privileges to only permit the operation of a motor vehicle for purposes of the person's employment, child care delivery or pickup, health appointments, or attendance at school, court, probation appointments, 24/7 sobriety testing, counseling programs, treatment, or aftercare.
However, before a Before the person is permitted to drive under such a restriction, the person shall first must establish one of the forms of financial responsibility specified in § 32-35-113.
Before the person is permitted to drive, the person must establish one of the forms of financial responsibility specified in § 32-35-113.
The person shall maintain such financial responsibility for the period of the restriction.
The person shall maintain financial responsibility for the period of the restriction.
The restriction shall must remain in effect for the period of suspension otherwise required by § 32-35-121.
The restriction must remain in effect for the period of suspension required by § 32-35-121.
Underscores indicate new language.
HB1013 ENROLLED 26.289.10 3 1013 An Act to clarify the purposes permitted for certain offenders to operate a motor vehicle.
Overstrikes indicate deleted language.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
House as Bill No.
1013 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:
Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:
at _________ o'clock __M.
Secretary of the Senate Secretary of State House Bill No.
1013 By File No.
____ Asst.
Secretary of State Chapter No.
______ HB1013 ENROLLED
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