2006 South Dakota Code - 32-23-4.2 — Separate allegation of former conviction.

     32-23-4.2.   Separate allegation of former conviction. In any criminal case brought pursuant to the provisions of § 32-23-3, 32-23-4, or 32-23-4.6, whether brought by information or indictment, a separate supporting information shall allege, in addition to the principal offense charged, a former conviction or convictions. If the information is in two separate parts, each shall be signed by the prosecutor. In the first part the particular offense with which the accused is charged shall be set out, and in the other part the former conviction or convictions shall be alleged. Except as provided in § 32-23-3, the court may not permit an accused with any prior conviction to drive for the purpose of employment even if the prosecutor dismisses the second part of the information.

Source: SL 1979, ch 159, § 4A; SL 1989, ch 273, § 3; SL 1994, ch 261, § 2; SL 2003, ch 172, § 1.

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