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Bill

HB 1062

revise a provision related to aggravated assault.

2026 Regular Session Introduced by Helene Duhamel and 10 co-sponsors

South Dakota HB 1062 modifies aggravated assault law; passed House 39-28 and Senate Judiciary 4-3 with contested support.

Signed by the Governor on 2026-03-09 H.J. 534
#assault #crimes
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Bill Summary · HB 1062

Legislative bill overview

HB 1062 revises the legal definition or penalties associated with aggravated assault in South Dakota. The bill passed the House with a narrow 39-28 vote and received a "Do Pass" recommendation from the Senate Judiciary Committee by a similarly close 4-3 margin, indicating significant disagreement among lawmakers about its approach.

Why is this important

Aggravated assault statutes directly affect criminal sentencing, law enforcement practices, and victim protections. Changes to these provisions can either expand or restrict when prosecutors can charge more serious felony offenses versus misdemeanors, fundamentally altering criminal justice outcomes for defendants and consequences for assault victims.

Potential points of contention

  • The narrow voting margins (39-28 in House, 4-3 in committee) suggest meaningful partisan or philosophical disagreement about whether the revision appropriately balances defendant rights with public safety
  • Without the bill's specific language, the revision could either increase criminal liability (stricter) or provide new defenses (more lenient), each raising distinct concerns about policy direction
  • The definition changes to "aggravated assault" may affect which cases qualify for enhanced penalties, potentially impacting sentencing disparities or prosecutorial discretion

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

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