146E 99th Legislative Session 146
AMENDMENT 146E
FOR
THE SENATE JUDICIARY ENGROSSED BILL
Introduced by: Senator Reed
An Act to revise and repeal provisions related to threatening 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
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 person holding statewide office as defined in § 12-27-1;
(2) Any current or former judicial officer as defined in § 22-11-14;
(3) Any current or former member of the Legislature;
(4) Any current or former person in local government elective office;
(5) Any current or former school board member; and
(6) Any person who has been elected or appointed to the elective office who has not yet assumed office.
A second or subsequent violation of this section is a Class 6 felony.
If a threat constitutes a violation of § 22-18-1.1 the provisions of this section are superseded and the penalties provided in § 22-18-1.1 apply.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 That § 22-11-15.2 be REPEALED.
Any person who, knowingly
and intentionally, deposits for conveyance in the mail or for a
delivery from any post office or by any messenger any letter, paper,
writing, print, or document containing any threat to take the life of
or to inflict bodily harm upon a constitutional officer or former
constitutional officer of the state, or a member of the
constitutional officer's immediate family, or who, knowingly and
intentionally, otherwise makes any threat to take the life of or to
inflict bodily harm upon a constitutional officer or former
constitutional officer or a member of the constitutional officer's
immediate family is guilty of a Class 5 felony.
Underscores indicate new language.
Overstrikes
indicate deleted language.