ENTITLED An Act to increase the penalty for protection order violations.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 21-65-19 be AMENDED.

21-65-19. Protection order--Violation--Penalty.

If a temporary protection order or a protection order is granted pursuant to this chapter and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

If the acts constituting a violation of this section also constitute an assault, as defined in § 22-18-1, the violation of this section is a Class 6 felony.

If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 22-19A-16, or § 25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any proceeding under this chapter is in addition to other civil or criminal remedies.

Section 2. That § 22-19A-16 be AMENDED.

22-19A-16. Protection order--Violation--Penalty.

If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

If the acts constituting a violation of this section also constitute an assault, as defined in § 22-18-1, the violation of this section is a Class 6 felony.

If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 21-65-19, or § 25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any proceeding under §§ 22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.

Section 3. That § 25-10-13 be AMENDED.

25-10-13. Protection order--Violation--Penalty.

If a temporary protection order or a protection order is granted pursuant to this chapter, if a foreign protection order is recognized pursuant to § 25-10-12.1 or 25-10-25, or if a no contact order is issued pursuant to § 25-10-23 or 25-10-25, and if the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

If the acts constituting a violation of this section also constitute a violation of § 22-18-1, 22-18-1.1, or 22-19A-1, the violation of this section is a Class 6 felony.

If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 21-65-19, or § 22-19A-16, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any proceeding under this chapter is in addition to other civil or criminal remedies.

An Act to increase the penalty for protection order violations.

I certify that the attached Act originated in the: House as Bill No. 1081 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1081 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2021 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2021 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2021 at _________ o'clock __M. Secretary of State By Asst. Secretary of State