ENTITLED An Act to increase the penalty for protection order violations.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 21-65-19 be AMENDED.
21-65-19. Protection order--Violation--Penalty.
If a temporary protection order or a protection order is granted pursuant to this chapter and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.
If the acts constituting a violation of this section also constitute an assault, as defined in 22-18-1, the violation of this section is a Class 6 felony.
If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, 22-19A-16, or 25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.
Any proceeding under this chapter is in addition to other civil or criminal remedies.
Section 2. That 22-19A-16 be AMENDED.
22-19A-16. Protection order--Violation--Penalty.
If a temporary protection order or a protection order is granted pursuant to 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.
If the acts constituting a violation of this section also constitute an assault, as defined in 22-18-1, the violation of this section is a Class 6 felony.
If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, 21-65-19, or 25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.
Any proceeding under 22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.
Section 3. That 25-10-13 be AMENDED.
25-10-13. Protection order--Violation--Penalty.
If a temporary protection order or a protection order is granted pursuant to this chapter, if a foreign protection order is recognized pursuant to 25-10-12.1 or 25-10-25, or if a no contact order is issued pursuant to 25-10-23 or 25-10-25, and if the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.
If the acts constituting a violation of this section also constitute a violation of 22-18-1, 22-18-1.1, or 22-19A-1, the violation of this section is a Class 6 felony.
If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, 21-65-19, or 22-19A-16, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.
Any proceeding under this chapter is in addition to other civil or criminal remedies.
An Act to increase the penalty for protection order violations.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2021 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2021
ss. Office of the Secretary of State
Filed ____________, 2021 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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