The amendment corrects a spacing error in "twenty-five" and fixes a statutory reference from "23A-24 27-19" to "23A-27-19" (a citation error), while converting the bill from introduced to enrolled status with standard legislative formatting. These are technical corrections that do not substantively change the bill's purpose of revising DUI penalties and license revocation provisions.
26.747.9 26.747.10 101st Legislative Session 1126 2026 South Dakota Legislature House Bill 1126 Introduced by: Representative Walburg Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise a provision related to driving under the influence. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 32-23-4.9 be AMENDED: 3 32-23-4.9. If a conviction for a violation of § 32-23-1 is for a sixth or subsequent 4 offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-5 five twenty-five years of the violation being charged, and at least two of those prior convictions 6 occurred within ten years, the violation is an aggravated offense and the person is guilty 7 of a Class 4 felony. If a person is convicted of an aggravated violation of § 32-23-1 offense 8 and the person has at least six five convictions of § 32-23-1 occurring within fifteen years 9 of the violation being charged, the court must sentence the person to at least six years in 10 a state correctional facility, one year of which must be served on parole, unless refused 11 pursuant to § 24-15A-15. Any term of parole must include at least one of the following: 12 enrollment in an alcohol or drug accountability program, an ignition interlock, a breath 13 alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool. 14 The court may suspend this sentence only if the court orders the person to participate in 15 and complete a drug court program, DUI court program, veterans treatment court 16 program, or mental health court program, as a condition of probation. 17 The court must revoke the person's driver license for a period of not less than three 18 years from the date the sentence is imposed, or three years from the date of initial release 19 from imprisonment, whichever is later. If the person is returned to imprisonment prior to 20 the completion of the period of driver license revocation, time spent imprisoned does not 21 count toward fulfilling the period of revocation. If the person is convicted of driving without 22 a license during that period, the court must sentence the person to the county jail for not 23 less than twenty days, which sentence may not be suspended. Notwithstanding § 23A-24 27-19, 23A-27-19, the court retains jurisdiction to modify the conditions of the license revocation for 25 the term of the revocation. 26 26.747.9 26.747.10 2 1126 Underscores indicate new language. Overstrikes indicate deleted language. HB1126 ENROLLED Upon the person's successful completion of a court-approved chemical dependency 1 counseling program and proof of financial responsibility pursuant to § 32-35-113, the 2 court may permit the person to operate a vehicle for the purposes of employment, 24/7 3 sobriety testing, attendance at school, child care delivery or pickup, health appointments, 4 attendance at court or probation appointments, or attendance at counseling programs, 5 treatment, or aftercare. 6 For any person convicted under this section and placed on probation, probation or parole, or 7 released from prison due to a suspended sentence, the person's supervision must include 8 at least one of the following: enrollment in an alcohol or drug accountability program, an 9 ignition interlock, a breath alcohol interlock, an alcohol monitoring bracelet, or another 10 enhanced monitoring tool. The Unified Judicial System shall supervise the offender if the 11 sentence does not include a term of imprisonment in a state correctional facility. The 12 Department of Corrections shall supervise the offender if the sentence includes a term of 13 imprisonment in a state correctional facility. Any offender supervised pursuant to this 14 section is not excluded from earned discharge credit as otherwise authorized by statute. 15 If, during the period of supervision imposed under this section, the person being 16 supervised violates conditions, the person must be penalized according to the graduated 17 sanctions policy as established by the Supreme Court or the Department of Corrections, 18 respectively. 19 26.747.10 3 1126 HB1126 ENROLLED An Act to revise a provision related to driving under the influence. I certify that the attached Act originated in the: House as Bill No. 1126 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. 1126 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