S.D. Codified Laws § 32-23-4.1

Current through the 2024 Legislative Session

Section 32-23-4.1 - Calculation of number of offenses

Except as authorized under § 32-23-4.9, no previous conviction for, or plea of guilty to, a violation of § 32-23-1, 22-18-36, or 22-16-41 occurring more than ten years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense. Any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed.

SDCL 32-23-4.1

SDC Supp 1960, § 44.03B23 (3) as enacted by SL 1963, ch 270; SDCL § 32-12-48; SL 1973, ch 195, § 4; SL 1983, ch 244, § 2; SL 1999, ch 164, §1; SL 2001, ch 177, §1; SL 2010, ch 165, §1; SL 2013, ch 101, §64.