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permit a government agency to qualify as a victim for purposes of restitution in criminal cases.
SB 7 allows government agencies to be recognized as victims in criminal cases and receive restitution from offenders, rather than limiting restitution only to individual people. This expands who can be compensated when a crime causes financial harm, so that agencies harmed by crimes like theft of public property can recover their losses directly through the criminal justice system.
rescind the statute of limitations for any civil cause of action arising out of childhood sexual abuse.
HB 1178 eliminates the time limit for filing civil lawsuits related to childhood sexual abuse, allowing survivors to sue at any point in their lives regardless of how long ago the abuse occurred. This removes existing deadline restrictions that previously prevented survivors from bringing legal cases after a certain number of years had passed.
authorize the revival of certain civil claims.
This bill creates a one-time opportunity for people who were sexually abused as children to file lawsuits for damages even if the normal deadline has passed, but only if they file by July 1, 2023. The bill also clarifies that adult survivors under age 40 can sue anyone involved in the abuse, while those 40 and older can only sue the person who actually committed the abuse. After July 1, 2023, the special revival window closes and the normal time limits apply again.
revise provisions regarding hate crimes.
South Dakota's hate crime law is being updated to add two new protected categories: people based on their sexual orientation, gender identity, or identification as a Native American Two-Spirit person now receive the same legal protection against intimidation, harassment, physical injury, and property damage that the law already provided for race, ethnicity, religion, ancestry, and national origin. The bill maintains the existing Class 6 felony penalty for violations.
increase the penalty for protection order violations.
This bill increases penalties for violating domestic abuse and stalking protection orders when someone has multiple prior violations. If someone violates a protection order and has two or more prior convictions for similar violations within the past ten years, they now face escalating felony charges—Class 6 felony for a third offense, Class 5 felony for a fourth offense, and Class 4 felony for a fifth or later offense.
revise certain definitions for sex offender registry.
This bill clarifies definitions used in South Dakota's sex offender registry laws, specifying what counts as a "community safety zone" (areas within 500 feet of schools, parks, playgrounds, and pools), what "loiter" means (remaining in an area to observe or contact minors), which types of schools are covered, and how "residence" is defined for registry purposes. These definitions establish the boundaries and terms that sex offenders must follow under state registration requirements.
provide a penalty for sexual contact with a minor by a person holding a position of authority.
This bill creates a new crime in South Dakota targeting adults in positions of authority—such as teachers, coaches, clergy, or healthcare providers—who engage in sexual contact with minors under 18. An adult at least 18 years old and two years older than the victim commits a Class 3 felony if they have interacted with the minor in any authority role (even briefly) within the past 120 days and knowingly have sexual contact with them. The law also extends the statute of limitations, allowing prosecutors to bring charges until the victim turns 25 or within seven years of the crime, whichever is longer.
provide definitions regarding the crime of rape.
South Dakota law now specifically defines rape into four categories based on the victim's age and the circumstances of the crime, with penalties ranging from Class C felonies (most serious) to Class 3 felonies. The law eliminates the statute of limitations for the two most serious forms of rape—those involving victims under 13 or involving force and coercion—meaning these cases can be prosecuted at any time. This clarifies and reorganizes South Dakota's rape statutes to establish clear legal definitions and consequences for different rape scenarios.
revise certain provisions regarding lottery prizes that may be paid by a lottery retailer.
This bill raises the threshold for when the state can use lottery winnings to pay off debts owed by the winner, from $599 to $1,599. Lottery winners will only have their prizes seized to cover debts like unpaid child support or taxes if they win more than $1,599, whereas previously any prize over $599 could be subject to debt setoff.
modify the process for civil forfeiture.
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.