An Act to prohibit eligibility for a suspended imposition of sentence for certain rape offenses.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 23A-27-13 be AMENDED:
23A-27-13.
UponExcept
as
provided in
section 2 of this Act,
upon
receiving a verdict or
plea of guilty for a felony not punishable by death or life
imprisonment by a person never before convicted of a crime
which
that at the
time of conviction thereof would constitute a felony in this state, a
court having jurisdiction of the defendant, if satisfied that the
ends of justice and the best interest of the public as well as the
defendant will be served thereby, may, without entering a judgment of
guilt, and with the consent of the defendant, suspend the imposition
of sentence and place the defendant on probation for such period and
upon such terms and conditions as the court may deem best. No person
who has previously been granted, whether in this state or any other,
a suspended imposition of sentence for a felony, is eligible to be
granted a second suspended imposition of sentence for a felony. A
court may revoke
such
the suspension
at any time during the probationary period and impose and execute
sentence without diminishment or credit for any of the probationary
period.
Section 2. That chapter 23A-27 be amended with a NEW SECTION:
No person who has been convicted of, or pled guilty or nolo contendere to, rape under subdivisions 22-22-1(1), (2), or (3), may be granted a suspended imposition of sentence under 23A-27-13.