The bill amends South Dakota's legal framework regarding Class 2 misdemeanors by revising the exceptions to the imposition of such penalties when no other penalty is specified by statute. Specifically, it updates the language in Section 22-6-2 to clarify that misdemeanors are categorized into two classes, with Class 2 misdemeanors carrying a maximum penalty of thirty days imprisonment or a fine of five hundred dollars, or both. Additionally, the court is mandated to order restitution to victims in accordance with existing provisions.
The bill also modifies the range of titles under which certain acts, when prohibited by statute without a specified penalty, are classified as Class 2 misdemeanors. The previous language that included Titles 1 to 20 has been deleted, and the new language specifies that the relevant titles now include 11, 13 to 20, 22, 25 to 28, 32 to 36, 40 to 42, 47 to 54, and 58 to 62. This change aims to streamline the legal classification of misdemeanors and ensure clarity in the application of penalties.
Statutes affected: Introduced, 01/30/2025: 22-6-2