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authorize the provision of telecommunications device location information to law enforcement agencies.
This bill allows law enforcement agencies to request the location of cell phones from wireless carriers during emergencies—either to help provide emergency services or when someone faces immediate risk of death or serious injury. A senior officer at the agency must approve each request, and carriers must provide the location information immediately. The bill also protects wireless carriers from lawsuits when they share this information in good faith.
regulate certain portable recording systems worn by law enforcement officers.
South Dakota law enforcement officers who wear body cameras are automatically considered to have consent to record interactions under state wiretapping laws, eliminating the need to get permission from people they're recording. The bill also establishes definitions for body camera systems and recordings, and requires officers to notify the public when their cameras are actively recording during interactions. This change makes it easier for police to use body camera footage as evidence without worrying about violating South Dakota's two-party consent recording law.
provide for the seizure and holding of real property as evidence.
SB 176 allows law enforcement to seize and hold real property (land and buildings) as evidence in criminal cases, establishing a legal process for this type of seizure under South Dakota law. This expands the types of evidence that can be taken and held during investigations beyond personal property that was previously covered.
revise the offenses for which an order for interception of communications may be granted.
SB71 expands the crimes for which law enforcement can get court approval to wiretap or intercept communications by adding sex crimes and crimes of violence to the list of offenses eligible for surveillance orders. The bill specifically includes sex crimes defined in state statute and violent crimes already classified in law, giving prosecutors additional tools to investigate these serious offenses.
establish certain requirements regarding funeral processions.
HB 1077 creates new rules allowing law enforcement officers leading funeral processions to ignore traffic signals and direct other vehicles to stop or proceed as needed to keep the procession moving safely. The bill defines what counts as a funeral procession (two or more vehicles including a hearse) and gives officers in marked emergency vehicles authority to manage traffic at intersections and make turns without regard to normal traffic laws.
provide for a risk protection order authorizing the seizure of firearms and ammunition.
SB82 creates a new "risk protection order" that allows courts to temporarily seize firearms and ammunition from individuals deemed to pose a significant risk of harm to themselves or others. Law enforcement or designated parties can petition a court for these orders, and a judge can authorize the seizure of weapons if they find sufficient evidence of danger. The seized firearms and ammunition would be held during the protection order period, which can be renewed if the risk persists.
revise drone surveillance protections.
HB1065 expands South Dakota's privacy law to specifically protect against drone surveillance by prohibiting anyone from using drones to photograph, record, or observe people, homes, or businesses without written consent when there's a reasonable expectation of privacy. The bill also makes it illegal to land a drone on someone else's property without permission (except in emergencies), with the drone owner liable for any damage caused. Violating these rules is a Class 1 misdemeanor, though law enforcement is exempt from these restrictions.
prohibit the use of certain electronic devices while driving.
HB 1169 updates South Dakota's distracted driving law by expanding the definition of prohibited electronic devices from just wireless phones to include any hand-held portable device capable of wireless communication or entertainment (such as tablets or gaming devices). The bill also clarifies that "operate" a vehicle includes times when a car is stopped at traffic lights or in traffic, not just when actively moving. These changes create broader restrictions on what devices drivers cannot use while behind the wheel.