PIERRE, S.D. (SDBA) — Legislators defeated two immunity bills today (Monday) after officials and lawyers warned that the measures posed risks.
The House Judiciary Committee voted 12-1 to kill House Bill 1148, which would have protected off-duty officers from lawsuits when making arrests.
The committee also rejected House Bill 1214, which was designed to give church security teams immunity, including in cases involving deadly force.
Law enforcement groups opposed HB 1148. Rep. Dylan Jordan, R-Clear Lake, argued it would protect officers responding while off-duty.
“We feel we already are covered under statute, and this bill is simply not necessary,” Stacey Ackerman of the South Dakota Sheriffs Association told lawmakers.
The church security bill, HB 1214, drew debate over safety and liability. Jordan cited “terrible and tragic events” at churches nationwide.
But South Dakota Trial Lawyers lobbyist Steve Siegel warned, “What would happen if a volunteer was poorly trained or not trained at all and kills an innocent bystander as a result of mere negligence? He or she would be immune.”
Rep. Phil Jensen, R-Rapid City, backed the church security measure, saying his congregation requested it.
However, opponents argued both bills created problems.
The opposition from law enforcement to HB 1148 appeared to catch Jordan off guard. He had argued police “put their life on the line every day.”
The committee voted 13 to 0 against HB 1214.
Both bills were killed through procedural ‘41st-day’ motions, a legislative tactic used to postpone consideration indefinitely in South Dakota’s 38-day session.
