FOR AN ACT ENTITLED, An Act to  create the crime of communicating a terroristic threat or hoax terroristic threat and to provide certain penalties therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  Any person who intentionally communicates or causes to be communicated, either directly or indirectly, by leaving a substance or device, a threat that a firearm, a dangerous weapon, an explosive or incendiary device, a destructive device, a dangerous chemical or biological agent, a poison, a harmful radioactive substance, or any other device, substance, or item capable of causing death, serious bodily injury, or substantial property damage, will be used at a place or location, or is present or will be present at a place or location, thereby causing either the evacuation or serious disruption of a school, school-related event, school transportation, dwelling, building, place of assembly, or facility of public transport, or serious public inconvenience or alarm, is guilty of communicating a terroristic threat. A violation of this section is a Class 4 felony.
     Section  2.  Any person who intentionally possesses, transports, uses, or places any hoax substance or hoax destructive device with the intent of causing anxiety, unrest, fear, or personal

discomfort is guilty of a Class 5 felony. A hoax substance is any substance that would cause a person to reasonably believe that it is a dangerous chemical or biological agent, a poison, a harmful radioactive substance, or a similar substance. A hoax destructive device is any device that would cause a person to reasonably believe that it is a dangerous explosive or incendiary device or a similar destructive device.
     Section  3.  The court may, after conviction or adjudication of any violation of this Act, conduct a hearing to ascertain the extent of costs incurred, damages and financial loss suffered by local, county, or state public safety agencies, and the amount of property damage caused as a result of the crime. A person found guilty of violating this Act may upon conviction, be ordered to make restitution to the local, county, or state public service agency for any cost incurred, damages and financial loss or property damage sustained as a result of the commission of the crime.
     Section  4.  That § 22-14A-22 be amended to read as follows:
     22-14A-22.   Any person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, explosive, or destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance, is guilty of falsely reporting a bomb threat . Falsely reporting a bomb threat is a Class 6 felony. Any person found guilty of falsely reporting a bomb threat shall pay restitution for any expense incurred as a result of the crime. The person is also civilly liable for any injury to person or property from the false report and any costs related to responding to the false report. If the person making the false report prohibited by this section is a minor, the court, in addition to such other disposition as the court may impose, shall require the minor to perform at least fifty hours of public service unless tried as an adult.