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SD Senate passes legislation authored by District 3 Sen. Carl Perry creating a new crime for witnessing a suicide and not attempting to call for help

(South Dakota Broadcasters Association) The South Dakota Senate passed legislation Monday creating a new crime for witnessing a suicide attempt without calling for help.

Senate Bill 122 makes it a Class 1 misdemeanor to intentionally fail to summon aid when physically present during a suicide attempt. 

Supporters call it “Josh’s Bill” after a constituent case. 

Republican Senator Carl Perry from Aberdeen sponsored the legislation.

“And maybe it’ll be your brother, your sister, your aunt, your uncle, your kid, but maybe it’ll be somebody important to you. That’s why this is an important bill”

The bill requires prosecutors to prove the person was physically present, knew about the attempt, and intentionally failed to call 911. 

It includes defenses for people who feared harm or were unable to call.

But Republican Senator Chris Karr from Sioux Falls opposed the measure, saying it could criminalize people experiencing trauma.

“The story that was shared by the good senator from Aberdeen is a horrific story. There’s a lot of other situations that this law would apply to that I’m not sure we should be making that loved one a criminal in the process of them witnessing the trauma of losing somebody that they care about.”

The bill passed 24-to-9 and moves to the House.

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