South Dakota creates a formal legal process for criminal forfeiture—the government's ability to seize property used in crimes—by establishing clear definitions and procedures that didn't previously exist in state law. The law defines key terms like "innocent owner" (someone who didn't know their property was being used in a crime and can't have it forfeited), "instrumentality" (property used to commit a crime), and "contraband" (inherently illegal items), and sets up how law enforcement agencies must handle these seizures. This gives property owners more legal protections and clarity about when the government can take their belongings in criminal cases.
This bill does not directly amend codified state law.
Signed by the Governor S.J. 494
Delivered to the Governor S.J. 468
Signed by the Speaker H.J. 541
Signed by the President S.J. 445
House of Representatives Do Pass Amended Passed, YEAS 54, NAYS 15. H.J. 500
Judiciary Do Pass Passed, YEAS 10, NAYS 1. H.J. 1
Judiciary Scheduled for hearing
House of Representatives Referred to House Judiciary H.J. 400
First Reading House H.J. 383
Senate Do Pass Amended Passed, YEAS 34, NAYS 1. S.J. 332
Judiciary Do Pass Amended Passed, YEAS 4, NAYS 0. S.J. 3
Judiciary Motion to amend S.J. 2
Judiciary Scheduled for hearing S.J. 1
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 142
Bethany Soye
Prime sponsor · Rep.
R
Timothy Johns
Prime sponsor · Sen.
R
Cosponsors
Do Pass Amended
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended