2019 Senate Bill 74 - Introduced

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

544B0520   SENATE BILL   NO.  74  

Introduced by:    Senators Schoenbeck, Rusch, Russell, and Stalzer and Representatives Barthel, Diedrich, Hammock, and Hansen
 

        FOR AN ACT ENTITLED, An Act to revise provisions regarding multiple convictions for certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-18-1 be amended to read:
    22-18-1. Any A person who is guilty of simple assault, a Class 1 misdemeanor, if the person:
            (1)    Attempts to cause bodily injury to another and has the actual ability to cause the injury;
            (2)    Recklessly causes bodily injury to another;
            (3)    Negligently causes bodily injury to another with a dangerous weapon;
            (4)    Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or
            (5)    Intentionally causes bodily injury to another which does not result in serious bodily injury;
is guilty of simple assault. Simple assault is a Class 1 misdemeanor. However, if
. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of § 22-

18-1 simple assault under this section, simple assault or aggravated assault under § 22-18-1.05, aggravated assault under § 22-18-1.1, assault under § 22-18-26, intentional contact with bodily fluids under § 22-18-26.1, or assault under § 22-18-29 within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense.

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