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26.289.10 101st Legislative Session 1013
2026 South Dakota Legislature
House Bill 1013
ENROLLED
AN ACT
ENTITLED An Act to clarify the purposes permitted for certain offenders to operate
a motor vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-52.3 be AMENDED:
32-12-52.3. Upon a first conviction or a first adjudication of delinquency for any
violation, while in a vehicle, of § 22-42-5, 22-42-5.1, 22-42-6, 22-42-7, 22-42-8, 22-42-
9, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or driving privilege of
the individual convicted for a period of ninety days.
Upon a second or subsequent conviction or a second or subsequent adjudication of
delinquency for a violation, while in a vehicle, of § 22-42-5, 22-42-5.1, 22-42-6, 22-42-
7, 22-42-8, 22-42-9, 22-42A-3, or 22-42A-4, the court shall revoke the driver license or
driving privilege of the individual convicted for a period of one year, or until the individual's
seventeenth birthday, whichever is a longer period of time.
For any offense under this section, the court may issue an order, upon proof of
financial responsibility pursuant to § 32-35-43.1, permitting the individual to operate a
vehicle for purposes of the person's employment, child care delivery or pickup, health
appointments, or attendance at school, court, probation appointments, 24/7 sobriety
testing, counseling programs, treatment, or aftercare.
Notwithstanding the provisions of chapters 26-7A, 26-8A, 26-8B, and 26-8C, the
Unified Judicial System shall notify the Department of Public Safety of any conviction or
adjudication of delinquency for a violation, while in a vehicle, of § 22-42-5, 22-42-5.1,
22-42-6, 22-42-7, 22-42-8, 22-42-9, 22-42A-3, or 22-42A-4. The period of revocation
must begin on the date ordered by the court or on the date specified in the notice from
the department, whichever date is earlier. At the expiration of the revocation period, the
individual may apply to reinstate the person's license as provided by law and shall pay the
license fee prescribed in § 32-12-47.1.
26.289.10 2 1013
HB1013 ENROLLED
Section 2. That § 32-35-122 be AMENDED:
32-35-122. Upon suspending a person's driving privileges pursuant to § 32-35-
121, the magistrate judge or circuit judge must restrict the person's driving privileges to
only permit the operation of a motor vehicle for purposes of the person's employment,
child care delivery or pickup, health appointments, or attendance at school, cour t,
probation appointments, 24/7 sobriety testing, counseling programs, treatment, or
aftercare.
Before the person is permitted to drive, the person must establish one of the forms
of financial responsibility specified in § 32-35-113. The person shall maintain financial
responsibility for the period of the restriction. The restriction must remain in effect for the
period of suspension required by § 32-35-121.
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