The bill amends South Dakota's existing law regarding the classification of misdemeanors, specifically focusing on the exceptions to the imposition of a Class 2 misdemeanor when no other penalty is provided by statute. The current law categorizes misdemeanors into two classes, with Class 1 misdemeanors carrying a maximum penalty of one year in jail or a $2,000 fine, and Class 2 misdemeanors carrying a maximum penalty of thirty days in jail or a $500 fine. The bill maintains the requirement for courts to order restitution to victims in addition to any imposed sentence. The key change in the bill is the revision of the range of titles from which exceptions to the Class 2 misdemeanor classification can be drawn. The language "20" is removed, and "11, inclusive, 13 to 20" is added, thereby expanding the range of titles that are considered when determining whether an act prohibited by statute is classified as a Class 2 misdemeanor in the absence of a specified penalty. This adjustment aims to clarify the legal framework surrounding misdemeanor classifications and ensure that appropriate penalties are applied consistently.

Statutes affected:
Introduced, 01/30/2025: 22-6-2