2023 South Dakota Legislature

Senate Bill 50

ENROLLED

An Act

ENTITLED An Act to revise the crime of witness tampering.

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

Section 1. That   22-11-19 be AMENDED:

22-11-19. Any person who injures or threatens to injure any person or property; who offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding; or who corruptly persuades or corruptly influences another person to induce the witness to:

(1) Testify falsely;

(2) Withhold any testimony, information, document, or thing;

(3) Elude legal process summoning the witness to testify or supply evidence; or

(4) Absent himself or herself from an official proceeding to which the witness has been legally summoned;

is guilty of tampering with a witness. Any person who injures, or threatens to injure, any person or property in retaliation for that person testifying in an official proceeding, or for cooperating with law enforcement, government officials, investigators, or prosecutors, is guilty of tampering with a witness. Tampering with a witness is a Class 4 felony.

For the purposes of this section, the term, corruptly, means wrongful or immoral and done with an intent to impede the administration of justice.

An Act to revise the crime of witness tampering.

I certify that the attached Act originated in the:

Senate as Bill No. 50

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 50

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: 22-11-19
Senate Judiciary Engrossed, 01/24/2023: 22-11-19
Enrolled, 02/28/2023: 22-11-19