Governor Kristi Noem's proposed bill that repeals, replaces and updates certain provisions of our state’s riot statutes took center stage in a legislative committee in Pierre.
Proponents of HB1117 say this version fixes problems that were ruled unconstitutional in federal court from last year’s bill. Katie Haruka with the governor’s office explained:
“First, the bill replaces the incitement crime in a way that preserves everyone’s constitutional rights, free speech, and peaceful assembly. Second, it is in response to the federal court order and strikes certain provisions in sd law. Third, the bill protects our people and their property by keeping them safe by the narrowest means necessary."
Law enforcement supports the legislation. Kevin Thom, Pennington County Sheriff, asked lawmakers to approve the bill:
“To strike that balance between people exercising their first amendment rights and maintaining the peaceful event and keeping everyone safe and keeping peace in the community at large. This bill gives us in law enforcement to effectively do our jobs."
Opponents question if this bill targets protestors Joye Braun is with the indigenous environmental network:
“This submitted legislation skirts a fine line of constitutionality.”
A point Lester Thompson with the crow creek Sioux tribe also made:
“To attack the fundamentals of the united states which this law is the most unpatriotic act which this law does. It is very sad to see a day when those who are being oppressed are being the oppressors.”
The bill passed out of committee 6 to 1 and now goes to the full senate.