South Dakota 2024 Regular Session

South Dakota House Bill HB1047

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/17/24  
Engrossed
1/19/24  
Refer
1/22/24  
Report Pass
1/30/24  
Enrolled
2/1/24  

Caption

Enhance the penalties for eluding law enforcement.

Impact

The legislation represents a significant shift in how eluding law enforcement is addressed within the state's criminal justice system. It emphasizes public safety by imposing stricter repercussions for those who flee from law enforcement, thereby aiming to deter such dangerous behaviors on the road. The increase in penalties highlights the state's commitment to reducing instances of reckless behavior that could lead to serious accidents or injuries, suggesting an intention to protect both law enforcement personnel and the public.

Summary

House Bill 1047 seeks to enhance penalties for individuals who elude law enforcement during vehicle pursuits. The bill categorizes different degrees of eluding, ranging from third degree to first degree based on the severity of the actions taken during the pursuit and the level of risk posed to others. Specifically, it establishes that first degree eluding, which results in serious bodily injury to another person, is classified as a Class 4 felony with strict penalties that include a mandatory minimum driver's license revocation period of three years. Lesser offenses, such as third and second degree eluding, are classified as misdemeanors and felonies, respectively, with corresponding penalties and potential license revocations.

Sentiment

Discussion surrounding HB 1047 reflects a generally supportive sentiment among lawmakers, particularly those prioritizing public safety. The unanimous vote of 31-0 in favor of the bill suggests strong bipartisan agreement on the need for tougher penalties related to eluding the police. However, there may be concerns from civil rights advocates regarding the implementation and impacts of harsher penalties on communities, particularly if they lead to disproportionately high numbers of arrests in certain demographics.

Contention

While most lawmakers appear to support enhanced penalties as necessary for public safety, potential contention may arise regarding how the bill will be enforced and its broader implications on community-police relations. Critics might push back against the notion that harsher penalties alone will effectively reduce eluding incidents, advocating instead for a more comprehensive approach to driver safety, including education and engagement with communities. Nonetheless, HB 1047 stands as an overt effort by the legislature to address what is considered a pressing issue within the framework of state law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

SD SB48

Enhance the penalty for attempted first degree murder of a law enforcement officer.

SD SB52

Update certain provisions regarding the Department of Corrections and the authority of the Secretary of Corrections.

SD HB1170

Establish mandatory sentences for certain driving while under the influence violations.

SD HB1047

Revise certain provisions regarding military affairs.

SD HB1036

Increase civil penalties for commercial driver's license holders and motor carriers.

SD SB46

Enhance the penalty for petition circulation perjury.

SD SB146

Limit parole for violent offenders.

SD HB1173

Prevent the enforcement of federal laws and directives related to firearms, accessories, and ammunition.

SD HB1028

Modify expiration dates and enforcement actions pertaining to pesticide applicator licenses.

SD HB1015

Update provisions related to the licensure of funeral directors and the provision of funeral services.

Similar Bills

No similar bills found.