South Dakota 2024 Regular Session

South Dakota House Bill HB1083

Introduced
1/16/24  
Refer
1/16/24  
Report Pass
1/23/24  
Engrossed
1/25/24  
Refer
1/29/24  
Report Pass
2/20/24  
Enrolled
2/21/24  

Caption

Permit a person convicted of certain driving under the influence offenses to drive for certain purposes.

Impact

The legislation significantly modifies the framework for DUI-related offenses by giving courts the authority to grant limited driving privileges, which may alleviate some adverse effects of a full license revocation on offenders' ability to maintain employment and fulfill other essential responsibilities. By incorporating provisions for 24/7 sobriety testing and various accountability programs, the bill seeks to promote rehabilitation while also ensuring that offenders do not endanger public safety by driving impaired.

Summary

House Bill 1083 aims to allow individuals convicted of certain driving under the influence (DUI) offenses to drive for specific purposes such as employment, attending sobriety testing, and health appointments. The bill proposes amendments to existing laws related to license revocation for DUI offenses, providing the court greater discretion to allow driving under certain conditions after a conviction. Specifically, it adjusts the penalties for first, second, and subsequent offenses, detailing the durations of license revocation and specifying the requirements for reinstatement, such as proof of completion of a chemical dependency program.

Sentiment

Discussion surrounding HB 1083 reveals mixed sentiments among legislators and stakeholders. Proponents of the bill argue that it provides a balanced approach to DUI offenses, fostering rehabilitation rather than solely punitive measures. They emphasize the bill's potential to aid individuals in reintegrating into society and maintaining their livelihoods. Conversely, opponents express concerns that the relaxed penalties could undermine the seriousness of DUI offenses and potentially increase risks on the roads by permitting individuals with a history of DUI convictions limited driving privileges.

Contention

Key points of contention include the bill's balancing act between punishment and rehabilitation, as well as its implications for public safety. Critics are worried that the measures allowing driving for certain purposes may weaken the deterrent effect of DUI laws, particularly for repeat offenders. Additionally, there is debate over the effectiveness and enforcement of the proposed accountability measures, raising questions about their practical implications in ensuring compliance and reducing recidivism.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1170

Establish mandatory sentences for certain driving while under the influence violations.

SD SB115

Revise certain provisions regarding consideration of out-of-state convictions for driving under the influence.

SD SB52

Update certain provisions regarding the Department of Corrections and the authority of the Secretary of Corrections.

SD HB1106

Revise certain provisions pertaining to poll watchers.

SD HB1077

Prohibit eligibility for a suspended imposition of sentence for certain rape offenses.

SD HB1174

Provide for appropriate civil commitment of certain persons.

SD HB1203

Establish provisions relating to occupational licensing and criminal convictions.

SD HB1160

Limit probation for offenders with four or more felony convictions.

SD HB1172

Require a practitioner's medical assessment of a patient to occur in certain facilities for purposes of medical cannabis use.

SD SB61

Revise driver's license suspensions for restricted permit holders over the age of sixteen.

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