South Dakota Codified Laws
Chapter 07 - Habitual Offenders
Section 22-7-8.1 - Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.

22-7-8.1. Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.
If a defendant has been convicted of three or more felonies in addition to the principal felony and none of the prior felony convictions was for a crime of violence as defined in subdivision §22-1-2(9), the sentence for the principal felony shall be enhanced by two levels but in no circumstance may the enhancement exceed the sentence for a Class C felony. A defendant sentenced pursuant to this section is eligible for consideration for parole pursuant to §24-15A-32 if the defendant receives a sentence of less than life in prison.

Source: SL 1984, ch 166, §2; SL 2005, ch 120, §385; SL 2006, ch 117, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 07 - Habitual Offenders

Section 22-7-7 - One or two prior felony convictions--Sentence increased--Limitation--Felony determination.

Section 22-7-8 - Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence.

Section 22-7-8.1 - Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.

Section 22-7-9 - Criteria for consideration of prior convictions.

Section 22-7-10 - Duty of law enforcement personnel to report knowledge of prior convictions.

Section 22-7-11 - Habitual criminal information--Filing--Contents--Proof.

Section 22-7-12 - Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.