ENTITLED An Act to include school employees in certain assault provisions and provide a penalty therefor.

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

Section 1. That   22-18-1.05 be AMENDED:

22-18-1.05. Simple assault, as provided in   22-18-1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 6 felony.

Aggravated assault, as provided in   22-18-1.1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 2 felony.

The penalties in this section also apply to a simple assault or aggravated assault if committed against any health care facility personnel while the personnel was engaging in patient care.

The penalties in this section also apply to a simple assault or aggravated assault if committed against any public or non-public school employee while the employee was engaged in a school activity.

An Act to include school employees in certain assault provisions and provide a penalty therefor.

Statutes affected:
Introduced, 01/25/2023: 22-18-1.05
Enrolled, 03/01/2023: 22-18-1.05