ENTITLED An Act to revise and repeal provisions related to threatening persons holding statewide office, judicial officers, and elected officers and to provide a penalty therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 22-11:
It is a Class 5 felony for a person to knowingly and intentionally communicate any written or electronic threat to take the life of or to inflict serious bodily harm upon:
(1) Any current or former judicial officer as defined in 22-11-14;
(2) Any current or former person holding statewide office as defined in 12-27-1; or
(3) The immediate family of any current or former judicial officer or person holding statewide office.
If a threat constitutes a violation of 22-18-1.1 the provisions of this section are superseded and the penalties provided in 22-18-1.1 apply.
Section 2. That a NEW SECTION be added to chapter 22-11:
It is a Class 1 misdemeanor for a person to knowingly and intentionally communicate any written or electronic threat to take the life of or to inflict serious bodily harm upon an elected officer, or the immediate family of an elected officer. The threat must relate to the elected officer's official capacity.
For the purposes of this section, the term "elected officer" means:
(1) Any current or former member of the Legislature;
(2) Any current or former person in local government elective office;
(3) Any current or former school board member; and
(4) Any person who has been elected or appointed to the elective office who has not yet assumed office.
If a threat constitutes a violation of 22-18-1.1 the provisions of this section are superseded and the penalties provided in 22-18-1.1 apply.
Section 3. That 22-11-15.2 be REPEALED.
An Act to revise and repeal provisions related to threatening persons holding statewide office, judicial officers, and elected officers and to provide a penalty therefor.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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