2016 House Bill 1093 - Introduced

State of South Dakota  
NINETY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2016  

851X0424   HOUSE BILL   NO.  1093  

Introduced by:    Representatives Schoenbeck, Bartling, Bolin, Cronin, Deutsch, DiSanto, Dryden, Duvall, Gibson, Harrison, Hawks, Hunhoff (Jean), Johns, Novstrup (Al), Rasmussen, Solum, Wiik, and Wollmann and Senators Tieszen, Buhl O'Donnell, Ewing, Haverly, Heinert, Holien, Monroe, Novstrup (David), Olson, Rusch, Shorma, Solano, Vehle, and White
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions that prohibit a defendant from contacting a victim before a court appearance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-19A-17 be amended to read:
    22-19A-17. While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor.
    Section 2. That § 25-10-43 be amended to read:
    25-10-43. While in custody after arrest for a crime involving domestic abuse, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's

initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor.

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