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 restructured the statute from "Any person who" to "No person may" and renumbered subsections after deletions, while adding the word "realistically" to clarify that the deadly weapon must realistically simulate an actual weapon to constitute aggravated assault. This NARROWS the bill's scope by making it harder to meet the assault charge under that subsection, requiring the simulated weapon to genuinely appear dangerous rather than merely resemble one.
The amendment reformatted and cleaned up the statute by removing outdated legislative history references and renumbering subsections to eliminate gaps left by prior repeals, making the aggravated assault statute clearer and more readable without changing the substantive criminal conduct it prohibits. This is a technical/organizational change that strengthens the bill's clarity without altering its enforcement purpose.
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