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Bill

SB 122

establish the crime of failure to summon aid for a suicide attempt and provide a penalty therefor.

2026 Regular Session Introduced by Heather Baxter and 5 co-sponsors

South Dakota bill criminalizes failure to call emergency services when witnessing a suicide attempt, creating new legal duties for bystanders during mental health crises.

Judiciary Deferred to the 41st legislative day , Passed, YEAS 9, NAYS 4
#crimes #liability #penalty
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Bill Summary · SB 122

Legislative bill overview

SB 122 would create a new criminal offense in South Dakota for failing to call emergency services when someone is actively attempting suicide. The bill establishes penalties for bystanders who witness a suicide attempt but do not summon aid, marking a significant expansion of legal duties regarding third-party intervention in mental health crises.

Why is this important

This legislation fundamentally reshapes legal responsibility by criminalizing inaction during suicide attempts, potentially affecting how bystanders, family members, and others respond to mental health emergencies. The law could influence suicide prevention outcomes but also raises questions about enforcement, unintended consequences, and the balance between legal obligations and individual liability.

Potential points of contention

  • Vague scope and enforcement: The bill may lack clear definitions about who qualifies as a bystander, what constitutes "failure," and under what circumstances the duty applies (private vs. public spaces, strangers vs. family, knowledge requirements)
  • Liability concerns: Creating criminal liability for non-action could deter people from being present during crises, expose individuals to prosecution for judgment calls made in emergencies, and place legal responsibility on those without training
  • Mental health policy approach: Mental health advocates may argue resources should focus on treatment access and prevention rather than criminalization, and that penalizing failure to intervene could stigmatize mental illness further

Compiled from official sources — confirm details with the bill’s official record.

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