SB 189 - Establishes "Riot Boosting" as a Civil Offense - South Dakota Key Vote

Stage Details

Title: Establishes "Riot Boosting" as a Civil Offense

Title: Establishes "Riot Boosting" as a Civil Offense

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Title: Establishes "Riot Boosting" as a Civil Offense

Vote Smart's Synopsis:

Vote to pass a bill that establishes new criminal offenses for "riot boosting" protests.

Highlights:

 

  • Establishes that an individual is liable for riot boosting to the state or political subdivision for an action with damages including (Sec. 2):

    • Participating in any riot, and directs, advises, encourages, or solicits any other person participating in the riot to acts of force or violence;

    • Does not personally participate in any riot but still directs, advises, encourages, or solicits other individuals participating in the riot; or

    • Upon the direction, advice, encouragement, or solicitation of any other individuals, uses force, violence, or threats of force or violence accompanied by 3 or more individuals acting together.

  • Authorizes a plaintiff in an action for riot boosting to recover both special and general damages, reasonable attorney’s fees, disbursements, other reasonable expenses incurred from prosecuting the action, and punitive damages (Sec. 4).

  • Specifies that a defendant who solicits or compensates any other person to commit an unlawful act or arrested is subject to 3 times the sum that would compensate for the detriment caused (Sec. 4).

  • Establishes in the state treasury the “riot boosting recovery fund” appropriated by the Department of Public Safety which may be used to pay for any claim or damages arising out of or in connection with a riot or may be transferred to the “pipeline engagement activity coordination expenses fund” (Sec. 5).

Title: Establishes "Riot Boosting" as a Civil Offense

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