25.363.10 100th Legislative Session 1096
2025 South Dakota Legislature
House Bill 1096
HOUSE JUDICIARY ENGROSSED
Introduced by: Representative Fitzgerald
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit eligibility for a suspended imposition of sentence for certain rape 1
offenses. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 23A-27-13 be AMENDED: 4
23A-27-13. Upon Except as provided in section 2 of this Act, upon receiving a 5
verdict or plea of guilty for a felony not punishable by death or life imprisonment by a 6
person never before convicted of a crime which that at the time of conviction thereof 7
would constitute constitutes a felony in this state, a court having jurisdiction of the 8
defendant, if satisfied that the ends of justice and the best interest of the public as well 9
as the defendant will be served thereby, may, without entering a judgment of guilt, and 10
with the consent of the defendant, suspend the imposition of sentence and place the 11
defendant on probation for such a period and upon such any terms and conditions as the 12
court may deem best. No person who has previously been granted, whether in this state 13
or any other, a suspended imposition of sentence for a felony, is eligible to be granted a 14
second suspended imposition of sentence for a felony. A court may revoke such the 15
suspension at any time during the probationary period and impose and execute sentence 16
without diminishment or credit for any of the probationary period. 17
Section 2. That a NEW SECTION be added to chapter 23A-27: 18
No person who has been convicted of, or pled guilty or nolo contendere to, rape 19
under subdivision 22-22-1(2) or (3) may be granted a suspended imposition of sentence 20
under § 23A-27-13. This section does not apply to a person adjudicated as a juvenile or 21
a juvenile tried as an adult for a crime under subdivisions 22-22-1(2) or (3). 22