establish the crime of failure to summon aid for a suicide attempt and provide a penalty therefor.
South Dakota's SB 122 creates a legal duty for people present during emergencies to assist others at risk of serious injury, by attempting to contact law enforcement or medical help if safely possible. This duty applies to ordinary citizens, not professionals like EMTs or police who are already paid for their services. Violating this duty is a Class 2 misdemeanor, a minor criminal offense. The bill also provides legal immunity from civil lawsuits for unpaid helpers who act reasonably, but not for those receiving compensation for their assistance.
Bill status
passed
4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House Passage
Mar 2026
Governor
Introduced Jan 26, 2026
Last action Mar 4, 2026
Maddy AI version diff · 1 comparison
What changed between versions
Introduced
→
Senate Judiciary Engrossed
·
3 edits
·
Feb 5, 2026
MINOR
The bill introduces a new criminal offense for failing to call for help when witnessing a suicide attempt or imminent self-harm. It defines the crime as intentionally not contacting emergency services while present at the scene and aware of the risk. The legislation includes specific legal defenses, such as fearing harm to oneself or others, believing aid was already summoned, being under eighteen, or finding it impossible to call for help.
Scope change
The bill expands legal liability by creating a new misdemeanor crime for bystanders who witness a suicide attempt and fail to summon aid.
REQUIREMENT
Establishes a new crime of failure to summon aid for a suicide attempt, requiring the person to be present, aware of the risk, and intentionally fail to call for help.
ENFORCEMENT
Sets the penalty for this offense as a Class 1 misdemeanor.
ELIGIBILITY
Provides legal defenses for individuals who feared harm to themselves or others, believed help was already arriving, are under eighteen, or could not reasonably summon aid.
Floor votes · Senate Feb 9, 2026
How they voted
24–9
Passed · 2 other
Total votes 35
Feb 9, 2026
D
Democratic3
100% Yea
R
Republican32
65% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
10
Key actions
4
Committee
2
Amendments
1
Mar 4, 2026
Lower · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 9, NAYS 4
lower
Feb 10, 2026
Introduced
First read in House and referred to House Judiciary H.J. 279
lower
Feb 9, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 24, NAYS 9 S.J. 222
upper
Feb 9, 2026
Senate · Passed
Senate Vote: pass (24-9-2)
senate
Feb 5, 2026
Upper · Passed
Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 0 S.J. 14
upper
Feb 5, 2026
Introduced
Judiciary Motion to amend , Passed, S.J. 13 Amendment 122A
upper
Jan 26, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 112
upper
6 primary · 0 co-sponsors
Sponsors
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