The governor’s proposal to increase penalties tied to disrupting a church service has passed its first legislative hurdle. However, opponents question if it’s politics or a genuine problem for South Dakota houses of worship.
While the governor’s office and supporters say the bill is a response to current events in Minnesota, there is little to corroborate that anything similar is happening here.
Terra Larson is a lobbyist for the state Association of Criminal Defense Lawyers and spoke in opposition.
“We currently have a statute in place," Larson said. "It currently is a class 1 misdemeanor, and I looked it up on ECourts and I have yet to find an instance this has ever been prosecuted under the current crime. Our opposition is merely the fact of – why would you increase a penalty when the current penalty seems to be handling the situation?”
However, for Senate Republican Majority Leader Jim Mehlhaff, who brought the bill to committee on behalf of the governor, that’s missing the point.
“I’m not necessarily looking here for deterrence," Mehlhaff said. "I’m looking here for punishment.”
Even Dell Rapids Republican Sen. Tom Pischke, who has been outspoken about the importance of faith in his life and politics, said his support is couched in doubt the bill will even be used.
"I don’t really think it’s going to make one bit of difference, quite honestly," Pischke said. "It’s almost like we’re just sending a political message here. So, I’m okay with supporting the bill, I just don’t think it’s going to be used quite often.”
The bill was ultimately passed without opposition from the Senate Judiciary Committee. Despite this, Pischke requested that the item not be put on the consent calendar, meaning it will receive a full floor debate in the Senate.