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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 The bill also removes two outdated sections of state law (§2-5-2 and §2-5-3) related to protection orders.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.

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 the distribution of a list of possible reasonable accommodations to students with disabilities.

South Dakota schools must now provide students with disabilities and their parents with a list of possible classroom accommodations before meetings to develop or review their education plans. The Department of Education will create this list and distribute it to all schools so they can give it to eligible students regardless of whether they receive special education services or have a 504 plan.

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.

require certain examinations of persons awaiting involuntary commitment hearings.

This bill requires that within 24 hours after someone is detained for a mental health emergency, an independent mental health professional must examine them and continue doing so every 24 hours they remain detained. The professional must explain to the person that the exam is to determine if they should stay detained and that findings may be used in a commitment hearing. This ensures detainees get regular, independent evaluations rather than relying solely on assessments from the person who initiated their detention.

require responses and reporting regarding the testing, assessment, evaluation, or observation of students.

South Dakota schools must now notify parents before administering standardized tests, assessments, or conducting evaluations or observations of their children, including the date these activities will occur. When schools test or evaluate students specifically to determine eligibility for special education services or disability accommodations, schools must give parents the test results at least five business days before the school holds any planning meetings about the student's educational needs.

regulate the use of facial recognition technology.

SB 185 adds new rules to South Dakota law (§10-56-22) that restrict how police and government agencies can use facial recognition technology. The bill likely requires warrants, limits databases that can be searched, or establishes other safeguards to protect citizens' privacy when their faces are scanned or analyzed by authorities. The exact protections would depend on the specific language of the amendment, which wasn't fully included in the materials provided.

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 provisions regarding testimony of qualified mental health professionals at involuntary commitment hearings.

This bill requires that at involuntary commitment hearings, an independent mental health professional must testify about whether less restrictive treatment options (like outpatient programs) are available and appropriate instead of inpatient hospitalization. If such alternatives exist and are deemed suitable, the person cannot be committed to inpatient treatment and must instead be placed in the least restrictive treatment option available.

limit the scope of medical information that may be required as a condition of participation in sanctioned activities.

This bill prevents school districts from requiring parents to sign forms giving doctors permission to share a student's medical records as a condition of playing sports or participating in school-sanctioned activities. Instead, districts may only require a physical examination form signed by a doctor or a parent-signed health form stating the student is physically able to participate, and this medical information can only be used to verify the student's fitness level and identify physical limitations.

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.

exempt certain retirement funds from division of property in a divorce.

South Dakota courts will no longer be able to divide retirement funds in divorce cases if those funds were accumulated before the marriage and kept in an individually-held, tax-exempt retirement account. This change protects pre-marital retirement savings from being split between spouses during divorce proceedings.

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.

provide for the resolution of alleged certain disability violations.

This bill creates a new process for resolving claims that businesses or property owners have violated accessibility laws affecting people with disabilities. Before filing a lawsuit, the person claiming a violation must first notify the property owner in writing (by personal service or certified mail), or they won't be able to recover attorney's fees unless the court finds the violations were especially serious, willful, or long-lasting.

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.

modify certain provisions regarding notice, service, and execution of judgments in forceable entry and detainer actions.

HB 1067 speeds up eviction proceedings by allowing landlords to start serving tenants by publication (posting notices publicly) on the same day they first attempt personal service, without needing court approval first. The bill also requires sheriffs to make at least four service attempts at least six hours apart within thirty days, and allows posting on the fourth attempt if the tenant cannot be found in person. Additionally, it changes the response deadline for defendants from four days to thirty days after the first published notice.

revise provisions regarding a custodial parent relocating a minor child.

This bill clarifies the process for when a custodial parent wants to move a child to a different location by requiring the parent to notify the other parent and giving that parent 30 days to request a court hearing. If the non-relocating parent doesn't request a hearing within 30 days, the move is automatically allowed; if they do object, the court will decide based on what's best for the child.

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.

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.

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.

repeal certain fees charged by a clerk of courts.

HB1086 eliminates two fee provisions that court clerks in South Dakota are currently authorized to charge (those listed in state law sections 2-5-2 and 2-5-3). This means people will no longer have to pay these specific clerk fees when conducting business in South Dakota courts.

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.

require the provision of medical billing information and a settlement offer for unpaid medical bills.

Before suing a patient for unpaid medical bills, healthcare providers must now provide patients with an itemized billing statement and a written settlement offer capped at 120% of the Medicare fee schedule, which the patient has 60 days to accept or reject. The settlement offer cannot be used as evidence in court if the case goes to trial. This gives patients a chance to resolve billing disputes without litigation and protects them from being sued for amounts exceeding standard Medicare rates.

remove irreconcilable differences as a cause for divorce.

HB1158 removes "irreconcilable differences" as a legal reason someone can use to get a divorce in South Dakota. This means couples will no longer be able to file for divorce based solely on the breakdown of their marriage without assigning fault to either spouse. The bill makes South Dakota's divorce law more restrictive by eliminating this no-fault divorce option.

revise the seller's property condition disclosure statement.

HB1178 updates the official form that sellers must use when disclosing the condition of their property to buyers in South Dakota real estate transactions. The bill revises the required disclosure statement to clarify that sellers must report any material changes that occur before the sale closes by submitting a written amendment. This ensures buyers have the most current information about property conditions before they purchase.

accommodate legislation enhancing health and human services.

# HB 1193 Summary This bill establishes new rules for video monitoring in assisted living centers by defining key terms like "assisted living center" and "authorized representative" (including legal guardians and power-of-attorney agents). The legislation creates a framework requiring specific court authorization or documented consent before video monitoring can occur in these facilities.

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.

recalculate abatement of the basic child support obligation.

This bill changes how South Dakota courts reduce child support payments when a parent (the "obligor") spends significant time with their child. Instead of giving courts discretion to reduce support by 38-66%, the bill creates a set calculation where the reduction automatically increases based on how many nights per month the child stays with that parent—ranging from 6.5% reduction for 2+ nights up to potentially full elimination at 14+ nights. This makes child support abatement more predictable and standardized rather than left to individual court decisions.

revise provisions related to the restoration to competency of criminal defendants.

This bill updates how South Dakota handles defendants found mentally incompetent to stand trial by clarifying that courts can place them in outpatient treatment (rather than only institutional commitment) if they're not considered dangerous, and it specifies that treatment must determine within four months whether the defendant is likely to regain competency. The bill also updates the language to use gender-neutral terms like "the defendant" instead of "him" throughout the statute.

provide immunity for qualified mental health professionals at appropriate regional facilities.

This bill expands legal protections for mental health professionals working at regional facilities, giving them immunity from lawsuits when they refer people to crisis teams in good faith. The change adds "appropriate regional facility" to the existing law that already protected mental health professionals at clinics and hospitals, ensuring consistent legal protection across different types of mental health settings.

establish limitations applicable to initial family assessments.

When the Department of Social Services investigates child abuse or neglect, law enforcement officers may accompany caseworkers only to protect the caseworker's safety—they cannot participate in the investigation or gather evidence themselves. Officers must tell any adults present about this limitation, though they can resume normal law enforcement duties if they witness a crime, need to take a child into protective custody, or face an emergency situation.

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.

revise provisions regarding failure to comply with outpatient commitment or treatment orders.

This bill clarifies which officials must be notified when someone fails to follow an outpatient mental health commitment or treatment order, requiring notification to the state's attorney in both the county where the person is located and the county that issued the original order. It also allows the treatment program or doctor to recommend alternative placements (like involuntary hospitalization) if they believe the person's condition will significantly worsen due to non-compliance.

revise certain provisions regarding the commitment of a delinquent child to the Department of Corrections.

HB 1206 changes how South Dakota courts can handle sentences for juveniles found guilty of delinquency by requiring judges to choose the "least restrictive alternative" that serves the child's best interests. The bill revises the types of dispositions available to courts—including probation, community service, restitution, and fines—when sentencing delinquent children, with an emphasis on rehabilitation rather than institutional commitment.

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.

revise certain provisions related to athlete agent conduct.

HB1115 strengthens rules governing how athlete agents can conduct business in South Dakota by clarifying what constitutes prohibited conduct—such as giving false information to recruit athletes, providing money or gifts before signing contracts, or contacting student-athletes without being registered. The bill also requires athlete agents to notify schools within 72 hours if they give anything of value to an athlete and obtain written acknowledgment from the athlete (or their parent if a minor) that receiving such benefits could affect the athlete's eligibility to compete.

provide a rebuttable presumption in favor of joint physical custody of a minor child.

HB1133 creates a legal presumption that judges should award joint physical custody of children to both parents unless one parent can prove it's not in the child's best interest. This shifts the default outcome in custody cases toward equal parenting time for both mothers and fathers, rather than leaving it entirely up to a judge's discretion.

limit public employer consideration of certain criminal backgrounds.

South Dakota public employers (except the Department of Corrections and school districts) are now prohibited from asking job applicants about their criminal history or considering it until after an applicant has been selected for an interview. Public employers can still notify applicants upfront that certain criminal convictions will disqualify them from specific positions, and they can still conduct background checks if required by law for certain jobs.

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.

revise the attorney's fees allowed in a retaliation action against a lessor.

HB 1246 changes the rules for attorney's fees that tenants can recover when they win retaliation cases against their landlords under South Dakota law. The bill modifies Section 22-42-1, which governs these fee awards in disputes where landlords punish tenants for exercising their legal rights. The specific changes to what fees are allowed or how they're calculated would require reviewing the actual amended language in the bill.

provide protections for health care decisions governed by conscience.

This bill creates new protections that allow health care providers and institutions to refuse participation in medical services based on their ethical, moral, religious, or philosophical beliefs. It prohibits discrimination against providers who decline to participate in certain health care services for conscience-based reasons, and it shields them from adverse employment or administrative actions based on such refusals.

to establish limitations applicable to initial family assessments.

SB 173 modifies the rules for how child protective services must conduct initial family assessments when investigating potential child abuse or neglect. The bill adds specific time limits and procedural requirements that social workers must follow when first visiting families to gather information during these investigations.

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.

establish immunity from liability for the inherent risks of camping.

HB 1121 protects camping facility operators and landowners from lawsuits when people are injured from inherent camping risks—like falling from heights, getting lost, or encountering wildlife—as long as the operator didn't act with gross negligence or intentional misconduct. The bill amends South Dakota's liability laws to clarify that ordinary camping dangers cannot be the basis for negligence claims, similar to existing protections for other recreational activities.

codify legislation enacted in 2019.

HB 1164 codifies (puts into permanent law) legislation that was enacted in 2019, making temporary or emergency measures from that year a permanent part of South Dakota law. The bill excerpt shows it includes new definitions and rules for assisted living centers and video monitoring of residents, establishing clearer legal standards for how these facilities operate. This ensures that important 2019 laws remain in effect going forward rather than expiring or remaining in temporary status.

revise certain provisions regarding the county zoning and appeals process.

This bill creates a new legal standard for who can challenge county zoning decisions, requiring that people must show they suffered a specific, concrete injury (not just a general public concern) that is unique to them and directly caused by the zoning action they're contesting. It also requires county zoning ordinances to clearly spell out which conditional uses are allowed in each zoning district and what criteria will be used to approve or deny them. These changes make it harder for people to sue over zoning decisions unless they can prove they were personally and uniquely harmed, while making the zoning approval process more transparent.

authorize requests for medical clearance as a condition of continued licensure to drive a motor vehicle.

South Dakota's Department of Public Safety can now request that drivers provide medical clearance to prove they're physically or mentally fit to drive as a condition of keeping their license. This adds a new tool allowing the state to require medical documentation when there are concerns about a driver's health or ability, rather than only suspending or revoking licenses after the fact. The department can enforce this requirement through the existing hearing process for license suspension or revocation.

revise provisions regarding contagious disease control and enforcement and to declare an emergency.

HB 1295 revises South Dakota's rules for controlling and enforcing contagious disease regulations, giving state health officials stronger tools to respond to disease outbreaks like COVID-19. The bill declares an emergency to allow these new disease control measures to take effect immediately rather than following the normal delayed implementation process.