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 a threat by leaving a substance or device,
thereby causing either serious public inconvenience, or the evacuation or serious disruption of a
building, place of assembly, facility of public or school transport, or a school related event, is guilty
of communicating a terroristic threat. For the purposes of this section, a substance or device includes,
but is not limited to, an actual or apparent dangerous weapon, destructive device, dangerous
chemical, biological agent, poison, or harmful radioactive substance. 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,
destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance,
is guilty of falsely reporting a threat. Falsely reporting a threat is a Class 6 felony. Any person found
guilty of falsely reporting a 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.
Section
5.
The provisions of this Act may not be construed to create any cause of action against
any person based upon or arising out of any act or omission relating to any good faith response to
a terrorist act or an attempted terrorist act.
An Act to create the crime of communicating a terroristic threat or hoax terroristic threat and to
provide certain penalties therefor.
=========================
I certify that the attached
Act
originated in the
SENATE as
Bill
No.
19
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate
Bill
No.
19
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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