State of South Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE ASSEMBLY, 2002 |
358H0529 |
SENATE BILL
NO.
160
|
Introduced by:
Senator Diedrich (Larry)
|
FOR AN ACT ENTITLED, An Act to
expand the definition of domestic abuse to include certain
acts or threats for the purpose of denying, hindering, or delaying the provision of emergency
or law enforcement services to family or household members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:
The infliction by one member of a family or household of physical harm, bodily injury, or the
fear of imminent physical harm or bodily injury on another member of the same family or
household is domestic abuse. The attempt by one member of a family or household to inflict
physical harm or bodily injury on another member of the same family or household is domestic
abuse. The use of force, fear, or intimidation by one member of a family or household to prevent
another member of the same family or household from contacting any law enforcement officer,
emergency services personnel, or 911 emergency reporting system in an effort to secure
appropriate law enforcement services or emergency services is domestic abuse. The act of
destroying, disabling, concealing, or removing from the immediate premises, any telephone or
other telecommunications devices or any motor vehicle or other means of transportation with
the intent to prevent another member of the same family or household from attempting to secure
law enforcement services or emergency services in a timely and expedient manner is domestic
abuse.
Section
2.
That
§
25-10-1
be amended to read as follows:
25-10-1.
Terms used in this chapter mean:
(1)
"Domestic abuse,"
physical harm, bodily injury, or attempts to cause physical harm
or bodily injury, or the infliction of fear of imminent physical harm or bodily injury
between family or household
members
any act or conduct as described in section 1
of this Act
;
(2)
"Family or household members," spouses, former spouses, or persons related by
consanguinity, adoption, or law, persons living in the same household, persons who
have lived together, or persons who have had a child together;
(3)
"Protection order," an order restraining any family or household member from
committing any act of domestic abuse or an order excluding any family or household
member from the dwelling or residence of another family or household member,
whether or not the dwelling or residence is shared. A protection order has a duration
of three years or less; and
(4)
"Temporary protection order," an order restraining any family or household member
from committing any act of domestic abuse or an order excluding any family or
household member from the dwelling or residence of another family or household
member, whether or not the dwelling or residence is shared. A temporary protection
order has a duration of thirty days except as provided in
§
25-10-7.1.