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revise provisions regarding victim's rights.

Senate Bill 89 expands victim rights in South Dakota criminal cases to explicitly include victims of driving under the influence accidents and vehicle accidents resulting in death. The bill clarifies and strengthens existing victim protections by confirming their rights to be notified about court proceedings, testify at bail hearings, provide input on plea deals, and present victim impact statements to the court.

revise certain provisions regarding the required time that sexual assault kits be preserved.

South Dakota law currently requires sexual assault kits to be preserved for at least one year; this bill extends that requirement to seven years or until the victim turns twenty-five years old, whichever is later. This change gives law enforcement and prosecutors significantly more time to investigate and prosecute sexual assault cases. Health care facilities must inform victims of this new preservation timeline when they receive their examination.

adopt the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.

South Dakota is replacing its current laws on non-consensual sharing of intimate images with the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, a model law that provides consistent legal protections across states. This change repeals the existing provisions and establishes new rules giving people the right to sue for damages when intimate images are shared without permission.

authorize the revival of certain civil claims.

This bill temporarily revives lawsuits for childhood sexual abuse that were previously blocked because too much time had passed, giving victims until July 1, 2022 to file claims that would normally be time-barred. It also clarifies that victims can sue their abusers anytime, but can only sue other responsible parties (like institutions) within three years of discovering the abuse caused their injury.

change the payment process for forensic medical examinations.

This bill changes when hospitals and clinics can bill victims' insurance for forensic medical exams following rape or sexual assault. Medical providers can now only request insurance payment authorization *after* completing the exam (rather than before), and must inform victims that the county will pay if they refuse to authorize insurance billing and that they face no costs or obligation either way. The county remains responsible for any costs not covered by the victim's insurance.

exempt certain persons from the requirement to publish name changes.

This bill allows abuse and trafficking victims to change their legal names without having to publish a public notice or appear in open court, protecting their privacy and safety. The court records for these name changes are sealed and can only be opened with the victim's permission or a court order showing good cause. Victims don't need to have reported the abuse to law enforcement to qualify for this protection.

modify certain provisions regarding the repayment of restitution.

Starting July 1, 2020, people on probation can no longer use earned discharge credits to shorten their probation term unless they've fully repaid any court-ordered restitution to victims. Instead of earning and immediately using these credits, probationers will accumulate them while making restitution payments, then can apply the credits only after paying back the full amount owed.

require the payment of attorney's fees in cases addressing noncompliance with visitation orders.

HB1139 requires a parent who violates a court-ordered visitation schedule to pay the other parent's attorney's fees if the case goes to court. This change makes it financially costly for a parent to ignore visitation orders, giving the court a tool to encourage compliance with custody and visitation agreements.

authorize forensic medical examinations for certain persons.

This bill allows doctors, hospitals, and clinics to perform forensic medical examinations (such as evidence collection for sexual assault cases) on adults under guardianship or conservatorship if that person gives informed consent, even without permission from their guardian or conservator—unless the guardian or conservator is the suspected perpetrator. The bill protects medical providers from legal liability or professional discipline when they make good-faith decisions about whether a protected person can consent to such an examination.

authorize the use of crime victims' compensation funds to reimburse law enforcement for certain emergency expenses incurred for victims.

South Dakota's crime victims' compensation fund can now be used to reimburse police departments and officers for emergency expenses like food and shelter they provide to crime victims when no other services are available. Previously, the fund could only pay compensation awards and cover program administration costs, so law enforcement had no way to recover these victim assistance expenses. Police must submit receipts and requests to the Department of Public Safety to get reimbursed.

revise certain provisions regarding human trafficking.

This bill strengthens South Dakota's human trafficking law by expanding the definition of "coercion" to include psychological tactics (like threats of violence or isolation), debt bondage, and exploitation of people with cognitive or mental impairments. The law also clarifies that human trafficking of anyone under 18 years old does not require proof of force, fraud, or coercion—the crime occurs simply by recruiting, transporting, or obtaining a minor for sexual activity or forced labor.

create a penalty for violation of a vulnerable adult protection order and to revise certain provisions regarding protection orders.

HB 1088 creates a new penalty for people who violate protection orders issued to protect vulnerable adults from abuse or harm. The bill also removes two outdated sections of state law (§2-5-2 and §2-5-3) related to protection orders. This change strengthens protections for vulnerable adults by establishing legal consequences for those who ignore court-ordered protection orders.

authorize the forensic medical examination of certain minor victims without parental or guardian consent.

# HB 1103 Summary This bill removes the requirement for parental or guardian consent before medical professionals can perform forensic examinations on certain minor victims, likely in cases of suspected abuse or assault. The changes eliminate two existing legal sections that previously required such consent, allowing medical exams to proceed to help document evidence and protect vulnerable children.

provide for protection orders.

HB1148 clarifies the process for filing protection orders in South Dakota by requiring that petitions must be accompanied by a sworn affidavit with specific facts supporting the claim, and optionally by a police report. The bill reorganizes the existing law to make it clearer that protection orders can be filed against people accused of stalking, assault causing physical injury, or crimes of violence, and can be pursued independently of any other pending legal cases.

provide for an assumption of risk by any person engaged in off-road vehicle activity and to limit the liability of the renters of off-road vehicles under certain circumstances.

HB1092 removes the existing legal liability protections that were in place for people renting off-road vehicles and instead creates a new rule that anyone participating in off-road vehicle activities assumes the risk of injury or damage themselves. This shift means off-road vehicle renters will have broader protection from being sued by people injured while using their rented vehicles.

prevent trafficking, coercion, and exploitation that occurs under the guise of obscene content.

HB1277 strengthens South Dakota's laws against human trafficking and exploitation by expanding the definition and penalties related to obscene content used to facilitate trafficking or coercion. The bill modifies the existing statute on obscenity (§22-42-1) to better address situations where obscene materials are created or distributed as part of trafficking schemes rather than for legitimate purposes.

exclude second job income from child support obligations.

This bill changes how courts calculate child support by creating a rule that income from a second job generally cannot be counted toward a parent's child support obligation if their primary job already pays at least the state minimum wage for a full-time year of work (1,820 hours). A parent can still argue to include second job income if they have good reason, but the law now presumes it should be left out of the calculation.

authorize certain witnesses to be accompanied by a certified therapeutic dog in a criminal proceeding.

SB 136 allows certain witnesses in criminal cases to have a certified therapeutic dog accompany them while testifying or being questioned. This change modifies South Dakota's witness procedures to provide emotional support for vulnerable witnesses through the presence of a trained support animal during court proceedings.

revise provisions regarding civil forfeiture.

SB 172 revises South Dakota's civil forfeiture laws by amending the section that governs how property can be seized by law enforcement. The specific changes to the statute are not fully detailed in this document excerpt, but the bill modifies the procedures or requirements related to civil forfeiture cases. To understand the exact impact, you would need to review the complete text of the amended statute.

prohibit the denial of benefits based solely on a controlled substance felony.

SB 96 prohibits South Dakota from denying public benefits to people solely because they have a felony conviction for a drug offense. The bill amends the state's temporary assistance rules to ensure that a controlled substance felony conviction alone cannot be used as the reason to reject someone's application for benefits or remove them from the program.