25.363.11 100th Legislative Session 1096
2025 South Dakota Legislature
House Bill 1096
ENROLLED
AN ACT
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, su spend 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 senten ce 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). 25.363.11 2 1096
HB1096 ENROLLED
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