1088C 95th Legislative Session 200
AMENDMENT 1088C FOR THE INTRODUCED BILL
Introduced by: The Committee on Judiciary at the request of the Chief Justice
An Act to create a penalty for violation of a vulnerable adult protection order and to revise certain provisions regarding protection orders.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
21-65-19. Violation of protection order--Penalties.
If
a temporary protection order or a protection order is granted under
this chapter and the respondent or person to
be restrained
knows of the order, violation of the order is a Class 1 misdemeanor.
If any
the
acts constituting a violation
of this section
constitutes
also
constitute an
assault as
defined under
§ 22-18-1.1, the violation under
this section is
a Class 6 felony. If a respondent or person to
be 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
within ten years of committing the current offense,
and
the
factual basis for which
the current offense occurred
after the date of the second conviction and
occurred within ten years of committing the current offense
or guilty plea,
the respondent or person to
be restrained
is guilty of a Class 6 felony for any third 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. Violation of protection order--Penalties.
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 to
be restrained
knows of the order, violation of the order is a Class 1 misdemeanor.
If any
the acts constituting a violation
of this section constitutes
also
constitute
an assault as
defined pursuant
to § 22-18-1.1,
the violation under
this section is
a Class 6 felony. If a respondent or person to
be restrained
has been convicted of, or entered a plea of guilty to, two or more
prior
violations
of this section or § 25-10-13
within ten years of committing the current offense,
and
the
factual basis for which
the current offense occurred
after the date of the second conviction
or guilty plea,
and
occurred within ten years of committing the current offense, the
respondent or person to
be restrained
is guilty of a Class 6 felony for any third 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. Violation of protection order or no contact order as misdemeanor or felony.
If a
temporary protection order or a protection order is granted pursuant
to this chapter or a foreign protection order recognized pursuant to
§ 25-10-25
or 25-10-12.1,
or if a no contact order is issued pursuant to § 25-10-23
or 25-10-25,
and the respondent or person to
be restrained
knows of the order, the
violation
of the order is a Class 1 misdemeanor. If any
the acts constituting a
violation of this section constitutes
also
constitute
a violation of § 22-18-1,
22-18-1.1,
or 22-19A-1,
the violation under
this section is
a Class 6 felony. If a respondent or person to
be restrained
has been convicted of, or entered a plea of guilty to, two or more
prior
violations
of this section or § 22-19A-16
within ten years of committing the current offense,
and
the
factual basis for which
the current offense occurred
after the date of the second conviction
or guilty plea,
and
occurred within ten years of committing the current offense, the
respondent or person to
be restrained
is guilty of a Class 6 felony for any third or subsequent offense.
Any proceeding under this chapter is in addition to other civil or
criminal remedies.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.