Search Bills

include out-of-state convictions for the basis of an enhanced penalty for the crime of stalking.

HB 1068 allows courts to consider stalking convictions from other states when deciding whether to impose enhanced (more serious) penalties for stalking crimes committed in South Dakota. Previously, only in-state convictions counted toward triggering these tougher punishments, so someone with a prior stalking conviction from another state would not have that record count against them in South Dakota court.

include certain offenses committed in another state for purposes of an enhanced penalty.

HB 1119 allows prosecutors to count certain crimes committed in other states as prior offenses when seeking enhanced penalties for repeat offenders in South Dakota. This expands what counts as a criminal history for sentencing purposes, potentially leading to harsher sentences for people with out-of-state convictions on their records.

revise certain provisions regarding bounties for coyotes.

HB1181 increases the penalty for coyote bounty fraud from a Class 2 misdemeanor to a Class 1 misdemeanor, making it a more serious crime to submit false claims or skins killed outside county boundaries. The bill also raises the penalty for hunting coyotes without a proper license from a Class 2 to a Class 1 misdemeanor.

define critical infrastructure and revise certain crimes for the trespass or damage to critical infrastructure.

SB 151 creates a legal definition of "critical infrastructure" in South Dakota and increases criminal penalties for trespassing on or damaging such facilities. The bill makes unauthorized entry or damage to critical infrastructure (like power plants, water systems, and communications networks) a more serious crime with enhanced punishments to protect essential services that the public depends on.

revise certain provisions regarding hunting, fishing, or trapping on private property without permission.

This bill increases the penalty for hunting, fishing, or trapping on someone else's land without permission by extending the privilege revocation period from one year to two years for a second or subsequent violation within ten years. The bill also clarifies that retrieving small game you've already legally taken from private land doesn't count as a crime, as long as you don't use a motor vehicle to do it.

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.

revise certain conditions under which presumptive probation may be applied.

This bill expands the list of crimes that are excluded from South Dakota's presumptive probation rules, meaning judges must now give probation to fewer offenders convicted of Class 5 and 6 felonies. It adds several new felony categories—including certain drug, theft, and sexual abuse offenses—to the exceptions where judges can skip probation and impose prison time instead.

prohibit capital punishment for any person suffering from a severe mental illness.

SB 64 would prohibit South Dakota from carrying out the death penalty against anyone diagnosed with a severe mental illness. This change would prevent executions of defendants with serious psychiatric conditions, even if they were convicted of capital crimes.

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.

place certain substances on the controlled substances schedule.

This bill adds 43 synthetic opioid and other dangerous drugs to South Dakota's Schedule I controlled substances list, making possession or distribution of these substances a serious felony crime. The new substances include various synthetic painkillers and narcotics that are chemically similar to heroin and other illegal drugs. This expands the state's drug enforcement authority to target emerging synthetic drugs that weren't previously regulated under South Dakota law.

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.

prohibit commercial surrogacy contracts, provide a penalty for facilitating a commercial surrogacy, and establish an interim committee to evaluate surrogacy in the state.

HB 1096 makes commercial surrogacy contracts illegal in South Dakota and creates a penalty for anyone who helps arrange such contracts. The bill also removes two existing sections of state law related to surrogacy and establishes a committee to study surrogacy policies in the state.

repeal and revise certain provisions regarding riot, to establish the crime of incitement to riot, and to revise provisions regarding civil liability for riot and riot boosting.

# HB 1117 Summary This bill creates a new crime called "incitement to riot" in South Dakota law and revises how people can be held responsible for participating in or encouraging riots. The changes also update existing riot-related penalties and civil liability rules to address riot-boosting activities. The specific details of these new criminal definitions and liability standards replace the previous riot provisions under state law.

revise the penalty for the ingestion of certain controlled substances.

This bill reduces penalties for possessing certain controlled substances in your body without a prescription. First-time offenses for Schedule III or IV drugs (like some prescription painkillers) now result in a Class 1 misdemeanor instead of a felony, while Schedule I or II drugs remain Class 5 felonies; repeat offenses still carry harsher penalties including jail time and potential felony charges.

amend parole provisions regarding life sentences.

SB 138 clarifies parole eligibility rules for inmates sentenced to life imprisonment by specifying that Class A felony lifers are generally ineligible for parole (with limited exceptions), Class B felony lifers must serve 40 years before becoming eligible, and Class C felony lifers must serve 30 years before becoming eligible. The bill allows prisoners in all three categories to potentially become eligible earlier only if they meet specific criteria outlined in other parole statutes.

increase the assessment of liquidated court costs and to revise the disposition of the funds collected.

This bill increases the liquidated court cost assessment added to criminal convictions from $40 to $50 per conviction, which courts collect to help fund law enforcement training and judicial expenses. The additional $10 collected from each conviction will be directed to the state treasurer, with the existing breakdown allocating $30 to law enforcement training and $6 to court-appointed attorney funds.

revise certain provisions regarding sex offender registration statutes.

This bill updates South Dakota's list of crimes that require sex offender registration by adding three new offenses: felony indecent exposure under a new statute section, solicitation of a minor, and bestiality. The bill also clarifies that attempts, conspiracies, and solicitations to commit any of these crimes also trigger registration requirements.

revise the eligibility for presumptive probation.

South Dakota law currently requires judges to impose probation for certain felony convictions, but this bill adds a new eligibility requirement—judges must now find that a person "meets the conditions" of a separate statute before probation becomes mandatory. The bill also clarifies that probation eligibility applies only to those not already ineligible under other existing laws, creating a more restrictive system that gives judges more discretion to impose prison sentences when they identify aggravating circumstances.

prohibit certain acts against children and provide a penalty therefor.

This bill makes it a Class 4 felony for doctors and medical professionals to perform certain surgeries or prescribe specific medications to minors for the purpose of addressing gender dysphoria or affirming a gender identity that differs from their biological sex. The prohibited treatments include gender transition surgeries, mastectomies, puberty blockers, and hormone therapies at certain doses. The bill creates new criminal penalties but does not change existing state law—it adds these prohibitions for the first time.

revise the penalties and provisions regarding approaching stopped vehicles.

SB164 changes the penalties and procedures for people who approach stopped vehicles in South Dakota. While the provided text is incomplete, the bill amends the law governing sheriff fees and collection practices related to stopped vehicles, likely adjusting penalties or modifying how sheriffs handle these situations.

add certain persons to the list of mandatory reporters of suspected child abuse or neglect.

HB 1212 adds people in "safety-sensitive positions" (defined elsewhere in state law) to the list of professionals who must report suspected child abuse or neglect to authorities. These mandatory reporters now face a Class 1 misdemeanor charge if they intentionally fail to report such suspicions, matching the penalty already applied to other required reporters like teachers, doctors, and law enforcement officers.