24.521.10 99th Legislative Session 1046

2024 South Dakota Legislature

House Bill 1046

Introduced by: Representative Kull

An Act to prohibit the intentional disarming of a law enforcement officer 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:

Any person who, through use of force or threat of force, intentionally disarms or attempts to disarm a law enforcement officer, while the officer is engaged in the performance of the officer's duties, without the officer's consent, is guilty of a Class 4 felony.

For the purposes of this section, the term "weapon" means any firearm, stun gun, self-defense electronic control device, chemical irritant spray, or baton. The term "disarm" means to take or remove a weapon from the person of the officer or the officer's immediate presence through the physical act of grabbing, holding, seizing, pushing, lifting, picking up, or other similar action.

Underscores indicate new language.

Overstrikes indicate deleted language.