UPDATE: Senate lawmakers voted to pass House Bill 1212. The bill now moves to Gov. Noem's desk.

House Bill 1212 would clarify the use of force.

House Bill 1212 would put our community at risk by codifying an extremely low standard to justify the use of force.

We oppose House Bill 1212 because a good use of force standard is tied to a strong and well defined necessity standard which would require lethal force to be used only when necessary. We advocate for necessity to be defined with the following components:

  1. Only in response to an imminent threat of death or serious bodily harm
  2. Only after exhausting reasonable and available alternatives
  3. Taking into account the totality of circumstances.

Sponsors

Representatives Jensen (Kevin) (prime), Aylward, Deutsch, Finck, Goodwin, Gross, Hoffman, Jensen (Phil), Johnson (Chris), Mulally, Otten (Ernie), Overweg, Perry, and Randolph and Senators Wiik (prime), Castleberry, Novstrup, Stalzer, and Zikmund

Status

Passed both chambers

Session

2021

Bill number

Position

Oppose