21.194.12 96th Legislative Session 909
HOUSE JUDICIARY ENGROSSED
Introduced by: Representative Aylward
An Act to limit directives and incentives for extreme risk protection orders and to provide a penalty.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
27A-1-20. Extreme risk protection order prohibited--Penalty.
Any federal statute, federal regulation, or executive order of the President of the United States, and any order of a federal or state court is null, void, and unenforceable in this state if the purpose or intent is to impose or enforce, against a resident of this state, an extreme risk protection order, including such an ex parte order, under which the resident, in order to reduce the risk of physical harm to himself, herself, or another, is:
(1) Required to surrender any firearms or ammunition in his or her possession; or
(2) Prohibited from owning or possessing a firearm or ammunition.
No state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may directly or indirectly impose upon or enforce an extreme risk protection order, as described in this section, including such an ex parte order, against a resident of this state.
No state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may accept any federal funds that are directly or indirectly conditioned on the creation, imposition, or enforcement of an extreme risk protection order, as described in this section, including such an ex parte order.
Any violation of this section is deemed to be an infringement upon rights protected by the Constitution of the United States and the Constitution of South Dakota. Any violation of this section constitutes a Class 6 felony.
Nothing in this section affects the issuance of a protection order under chapter 22-19A, in cases of stalking, physical injury as a result of an assault, or crimes of violence, or under chapter 25-10, in cases of domestic abuse.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.