By South Dakota’s Senate Judiciary Committee deferred action Tuesday, Feb. 3 on a bill crafted in response to the circumstances surrounding the 2025 death of a Brown County man.
Dubbed Josh’s Law, Senate Bill 122 proposes that “a person at the scene of an emergency who knows another person is exposed to the risk of serious bodily injury shall, to the extent that the person may do so without danger to self or others, provide assistance by obtaining or attempting to obtain aid from law enforcement or medical personnel.”
The measure is expected to again be discussed by the committee on Thursday, Feb. 5.
Perry
Sponsored by Sen. Carl Perry, R-Aberdeen, the bill was crafted following the death of Joshua Lamont Ash, who died by suicide in April. His mom and stepdad, Cynthia and Robin Sombke, contend there were opportunities to help Ash and prevent his death had the person who was with him just before he died taken action.
MORE: After son’s suicide, grieving Aberdeen women pushes for law requiring assistance
During testimony, Perry said the bill aims to create a way to prevent suicide by requiring another person to take action if they have reason to suspect self-harm. The language was crafted in consultation with the state attorney general’s office, Legislative Research Council and Brown County State’s Attorney’s Office, he said.
“We have laws to stop people from assisting suicide, but none that stops people from watching somebody taking their own life,” Cynthia Sombke said during testimony.
She said since the story about her son’s death was published, she’s heard other stories about people who could have taken action to possibly prevent a suicide, but didn’t.
While sympathetic to Sombke, opponents raised concerns about the language in the bill, with some saying they couldn’t tell from reading it that the aim is to prevent suicide.
Those who testified in opposition said including broad language like “an emergency” could have unintended consequences such as requiring a person who comes upon any emergency situation to call for help.
Perry argued the language and intent of the bill is correct, but said he would also support an amendment if committee members wanted replace the word emergency with suicide or add the word suicide before emergency.
As discussion continued, committee members also questioned if the proposal as written would go into the correct section of state law.
Sen. Tamara Grove, R-Lower Brule, asked if the language is better suited for an existing law that creates a criminal penalty for aiding and abetting another’s suicide.
The committee took no action Tuesday.
