The amendment clarified the specific statutory violations covered by the law and expanded the purposes for which offenders can operate vehicles—from just employment and employment-related driving to include child care, health appointments, school, court, probation, testing, counseling, treatment, and aftercare—while also making minor language updates (changing "shall" to "must" and "person" to "individual" for consistency). This BROADENS the bill by giving judges more flexibility to permit restricted driving for legitimate purposes beyond employment.
26.289.9 26.289.10 101st Legislative Session 1013 2026 South Dakota Legislature House Bill 1013 Introduced by: The Chair of the Committee on Judiciary at the request of the Chief Justice Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to clarify the purposes permitted for certain offenders to operate a motor 1 vehicle. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 32-12-52.3 be AMENDED: 4 32-12-52.3. Upon a first conviction or a first adjudication of delinquency for any 5 violation, while in a vehicle, of §§ 22-42-5 to, § 22-42-5, 22-42-5.1, 22-42-6, 22-42-7, 22-42-8, 22-6 42-9, inclusive, 22-42-9, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving 7 privilege of the driver so individual convicted for a period of ninety days. 8 Upon a second or subsequent conviction or a second or subsequent adjudication of 9 delinquency for a violation, while in a vehicle, of §§ 22-42-5 to, § 22-42-5, 22-42-5.1, 22-42-6, 22-10 42-7, 22-42-7, 22-42-8, 22-42-9, inclusive, 22-42A-3, or 22-42A-4, the court shall revoke the 11 driver license or driving privilege of the driver so individual convicted for a period of one 12 year, or until the person's individual's seventeenth birthday, whichever is a longer period 13 of time. 14 For any offense under this section, the court may issue an order, upon proof of 15 financial responsibility pursuant to § 32-35-43.1, permitting the person individual to 16 operate a vehicle for purposes of the person's employment, attendance at school, child 17 care delivery or pickup, health appointments, or attendance at school, court, probation 18 appointments, 24/7 sobriety testing, counseling programs, treatment, or aftercare. 19 Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the 20 Unified Judicial System shall notify the Department of Public Safety of any conviction or 21 adjudication of delinquency for a violation, while in a vehicle, of §§ 22-42-5 to, 22-42-22 5.1, § 22-42-5, 22-42-5.1, 22-42-6, 22-42-7, 22-42-8, 22-42-9, inclusive, 22-42A-3, or 22-42A-4. The period 23 of revocation shall must begin on the date ordered by the court or on the date specified 24 in the notice from the department, whichever date is earlier. At the expiration of the 25 revocation period, a person the individual may make application apply to reinstate the 26 26.289.9 2 1013 Underscores indicate new language. Overstrikes indicate deleted language. person's license as provided by law and shall pay the license fee prescribed in § 32-12-1 47.1. 32-12-47.1. 26.289.10 2 1013 HB1013 ENROLLED Section 2. That § 32-35-122 be AMENDED: 3 32-35-122. Upon suspending a person's driving privileges pursuant to § 32-35-4 121, 32-35-121, the magistrate judge or circuit judge shall must restrict the person's driving privileges 5 to driving to and from the person's employment and to driving that is required in the 6 person's course of employment only permit the operation of a motor vehicle for purposes 7 of the person's employment, child care delivery or pickup, health appointments, or 8 attendance at school, court, probation appointments, 24/7 sobriety testing, counseling 9 programs, treatment, or aftercare. 10 However, before a Before the person is permitted to drive under such a restriction, 11 drive, the person shall first must establish one of the forms of financial responsibility specified 12 in § 32-35-113. The person shall maintain such financial responsibility for the period of 13 the restriction. The restriction shall must remain in effect for the period of suspension 14 otherwise required by § 32-35-121. 15 26.289.10 3 1013 HB1013 ENROLLED An Act to clarify the purposes permitted for certain offenders to operate a motor vehicle. I certify that the attached Act originated in the: House as Bill No. 1013 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1013 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State