A Senate committee deferred action Tuesday on a bill that would require people to call for help when they witness emergencies, after emotional testimony about a suicide and concerns the measure is too broadly written.
Senate Bill 122 would make it a Class 2 misdemeanor for anyone at an emergency scene who knows another person faces serious bodily injury to fail to get help from law enforcement or medical personnel, as long as they can do so without danger to themselves.
Aberdeen Family Shares Tragic Loss
The Senate Judiciary Committee heard testimony Tuesday from Robin and Cynthia Sombke of Aberdeen, whose son Josh died by suicide in January 2024 while someone watched and did not call for help.
Robin Sombke told the committee home security video showed the other person standing in a doorway as Josh hanged himself in their dog kennel.
“She stood there and watched,” Sombke said at in the hearing. “And then after she walked out of the garage and looked at him, turned around and went back in the house.”
The Sombkes discovered their son’s body five hours later. Robin Sombke said prosecutors told the family they could not bring charges because no law requires bystanders to seek help.
Cynthia Sombke said the state needs to act.
“We have laws to stop people from assisting in suicide,” she said.. “But we have none that stops people from watching somebody take their own life.”
She said calling 911 or 988 takes seconds and could save lives.
Jessica Blair of Flandreau, Josh’s best friend, said he was the third person she knew who died by suicide with someone present who did nothing.
“He asked for it (help),” Blair said. “She didn’t comply. She didn’t try to help him.”
Addressing South Dakota’s Suicide Crisis
Supporters say the bill closes a legal loophole in South Dakota, where no law mandates bystanders to help those in suicide crises. Prime sponsor Sen. Carl Perry, R-Aberdeen, told the committee suicide remains a critical public health issue in the state.
“One person dies in suicide on an average every 11 minutes” nationally, Perry said. “Over 49,000 people have lost their lives to suicide since 2022.”
Concerns About Broad Language
But opponents said the bill’s language is too broad and could create unintended consequences.
Pastor Michael Boyle of Parkston said the measure would require everyone who sees any emergency to call for help, even when others have already responded.
“I was very surprised to hear the experience of the proponents from the language of the bill,” Boyle said.
Maynard Konechne (kah-netch-knee) of the South Dakota EMT Association said first responders worry about liability.[1]
“The bill mentions nothing about suicide. It says emergency,” Konechne said. “And that’s what we’re concerned about.”
Dean Krogman, lobbyist for the South Dakota Medical Association, said the broad language could undermine existing protections and effectively reach “any” emergency, not just the suicide situations discussed by supporters.
“The word, any emergency, opens up unintended consequences because of it because it criminalizes the good Samaritan (law) that we have working today,” Krogman said.
Committee Seeks Narrower Approach
Committee members suggest amending the bill to limit it to suicide cases and move it to the criminal code’s aiding and abetting suicide section.
Chairman Steve Kolbeck deferred the bill until Thursday to allow Sen. Perry to work with committee members on revisions.
A Class 2 misdemeanor carries up to 30 days in county jail, a $500 fine or both.
