Bill > HB1096

This bill modifies existing South Dakota law to prohibit individuals convicted of certain rape offenses from receiving a suspended imposition of sentence (SIS), which is a legal mechanism that allows a person to avoid having a formal criminal conviction on their record. Specifically, the bill adds a new section to state law preventing anyone convicted of rape under specific subdivisions (22-22-1(2) and (3)) from being granted a suspended imposition of sentence. The bill preserves an exception for juveniles who are either adjudicated as juveniles or tried as adults for these specific rape offenses. This change means that individuals convicted of these particular rape offenses will now be required to receive a formal sentence and will not be able to avoid a criminal conviction through a suspended imposition of sentence. The existing law previously allowed for a suspended imposition of sentence for first-time felony offenders if the court determined it would serve the interests of justice, but this new provision creates a specific carve-out for certain rape offenses, effectively eliminating that option for those specific criminal acts.

Justice

https://sdlegislature.gov/#/Session/Bill/25717