ENTITLED An Act to modify the definitions of a child in need of supervision and a delinquent child.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 26-8B-2 be AMENDED:
26-8B-2. For purposes of this chapter, a child in need of supervision is a child:
(1) Of compulsory school age who is habitually absent from school without legal excuse;
(2) Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;
(3) Whose behavior or condition endangers the child's own welfare or the welfare of others;
(4) Who has violated any federal or state law or regulation or local ordinance for which there is not a penalty of a criminal nature for an adult, other than a petty offense;
(5) Who has violated 32-23-21 or 35-9-2; or
(6) Who engages in prostitution by offering to engage in sexual activity for a fee or other compensation.
Section 2. That 26-8C-2 be AMENDED:
26-8C-2. In this chapter and chapter 26-7A, the term "delinquent child" means any child ten years of age or older who, regardless of where the violation occurred, has violated any federal, state, or local law or regulation for which there is a penalty of a criminal nature for an adult, except state or municipal hunting, fishing, boating, park, or traffic laws that are classified as misdemeanors, petty offenses, or any violation of 32-23-21, 35-9-2, or subdivision 34-46-2(2).
An Act to modify the definitions of a child in need of supervision and a delinquent child.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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