HB 1062 clarifies South Dakota's aggravated assault law by listing five specific situations that constitute this felony, including causing serious bodily injury with extreme indifference to human life, assaulting someone with a dangerous weapon, and impeding someone's breathing or circulation by applying pressure to the throat or neck. The law maintains aggravated assault as a Class 3 felony but reorganizes and updates the definitions of conduct that triggers this charge.
The amendment reorganized and clarified the aggravated assault statute by changing the opening language from "Any person who" to "No person may," renumbering subsections to remove deleted provisions, and adding the word "realistically" to the requirement that a physical object simulate a deadly weapon. These changes NARROW the bill slightly by making clearer that simulated weapons must realistically appear deadly before they trigger the aggravated assault charge.
The amendment cleaned up the statute's formatting and numbering by removing obsolete references to deleted subsections and reorganizing the remaining aggravated assault provisions into a cleaner list (renumbering from subsections 1, 2, 4, 5, 8 to 1, 2, 3, 4, 5), while preserving the exact legal definitions and keeping aggravated assault as a Class 3 felony. This is a technical, non-substantive change that clarifies the law without altering its actual scope or penalties.
Signed by the Governor H.J. 534
Delivered to the Governor H.J. 466
Signed by the President S.J. 417
Signed by the Speaker H.J. 449
House of Representatives Concurred in amendments Passed, YEAS 44, NAYS 22. H.J. 422
Senate Do Pass Amended Passed, YEAS 28, NAYS 6. S.J. 346
Senate Motion to amend S.J. 346
Judiciary Do Pass Passed, YEAS 4, NAYS 3. S.J. 26
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 121
House of Representatives Do Pass Passed, YEAS 39, NAYS 28. H.J. 141
Judiciary Do Pass Passed, YEAS 11, NAYS 2.
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 24
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Concurred in amendments
Do Pass Amended
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass