ENTITLED, An Act to  to revise certain provisions regarding the justifiable use of force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 22-5-9 be amended to read as follows:
     22-5-9.   Any person may lawfully resist, by force or violence, the commission of any public offense as follows:

             (1)      Any person, upon reasonable apprehension of threat of bodily injury, may make sufficient resistance to prevent an offense against his or her person or the person of any family or household member, or to prevent an illegal attempt by force to take or injure property in his or her lawful possession; and

             (2)      Any person may make sufficient resistance in aid or defense of any other person, threatened with bodily injury, to prevent such offense.
     Section  2.  That § 22-18-4 be amended to read as follows:
     22-18-4.   Any person is justified in the use of force or violence against another person when the person reasonably believes that such conduct is necessary to prevent or terminate the other person's trespass on or other criminal interference with real property or personal property lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal right to protect. However, the person is justified in the use of deadly force only as provided in § §  22-16-34 and 22-16-35. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

---

An Act to to revise certain provisions regarding the justifiable use of force.

========================= I certify that the attached Act originated in the HOUSE as Bill No. 1134 ____________________________ Chief Clerk =========================      ____________________________ Speaker of the House Attest: ____________________________ Chief Clerk ____________________________ President of the Senate Attest: ____________________________ Secretary of the Senate House Bill No. 1134 File No. ____ Chapter No. ______

========================= Received at this Executive Office this _____ day of _____________ , 20____ at ____________ M. By _________________________ for the Governor ========================= The attached Act is hereby approved this ________ day of ______________ , A.D., 20___ ____________________________ Governor ========================= 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