An Act to establish the crime of trespass upon a place of worship, provide a penalty therefor, and declare an emergency.

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

Section 1. That a NEW SECTION be added to chapter 22-35:

No person may enter or remain on the premises of any place of worship, or within one thousand fifty feet of any egress of any place of worship, one hour before or after a worship service, with the intent to disrupt worship services at the place of worship, menace or harass congregants or employees of the place of worship, or for the purpose of political intimidation of or the incitement of fear of violence in those attending the place of worship. A violation of this section is a Class 5 felony.

For purposes of this section, "place of worship" means a structure where people regularly assemble for worship, ceremonies, rituals, and education relating to a particular form or religious belief, and which a reasonable person would conclude is a place of worship by reason of design, signs, or architectural or other features.

Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.