2023 South Dakota Legislature

Senate Bill 48

ENROLLED

An Act

ENTITLED An Act to enhance the penalty for attempted first degree murder of a law enforcement officer.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   22-4-1 be AMENDED:

22-4-1. Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime. Unless specific provision is made by law, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.

Section 2. That chapter 22-4 be amended with a NEW SECTION:

Notwithstanding   22-4-1, attempted first degree murder, as defined by   22-16-4, if committed against a law enforcement officer while the officer was engaged in the performance of the officer's duties, is a Class 1 felony.

An Act to enhance the penalty for attempted first degree murder of a law enforcement officer.

I certify that the attached Act originated in the:

Senate as Bill No. 48

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 48

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2023 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2023

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2023

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State

Statutes affected:
Introduced, 01/06/2023: 22-4-1
Enrolled, 02/24/2023: 22-4-1