| 1 | 1 | | 25.450.10 100th Legislative Session 160 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | 2025 South Dakota Legislature |
|---|
| 5 | 5 | | Senate Bill 160 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | Introduced by: Senator Peterson (Sue) |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | Underscores indicate new language. |
|---|
| 15 | 15 | | Overstrikes indicate deleted language. |
|---|
| 16 | 16 | | An Act to revise exceptions to the imposition of a Class 2 misdemeanor when no 1 |
|---|
| 17 | 17 | | other penalty is provided by statute. 2 |
|---|
| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
|---|
| 19 | 19 | | Section 1. That ยง 22-6-2 be AMENDED: 4 |
|---|
| 20 | 20 | | 22-6-2. Misdemeanors are divided into two classes which are distinguished from 5 |
|---|
| 21 | 21 | | each other by the following maximum penalties which are authorized upon conviction: 6 |
|---|
| 22 | 22 | | (1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand 7 |
|---|
| 23 | 23 | | dollars fine, or both; 8 |
|---|
| 24 | 24 | | (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred 9 |
|---|
| 25 | 25 | | dollars fine, or both. 10 |
|---|
| 26 | 26 | | The court, in imposing sentence on a defendant who has been found guilty of a 11 |
|---|
| 27 | 27 | | misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the 12 |
|---|
| 28 | 28 | | provisions of this section, that the defendant make restitution to any victim in accordance 13 |
|---|
| 29 | 29 | | with the provisions of chapter 23A-28. 14 |
|---|
| 30 | 30 | | Except in Titles 1 to 20 11, inclusive, 13 to 20, inclusive, 22, 25 to 28, inclusive, 15 |
|---|
| 31 | 31 | | 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the 16 |
|---|
| 32 | 32 | | performance of an act is prohibited by a statute, and no penalty for the violation of such 17 |
|---|
| 33 | 33 | | statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor. 18 |
|---|