Search Bills

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.

restrict the entry of conservation officers onto certain private land without permission.

This bill requires conservation officers to get permission from landowners before entering private property, except in specific situations like investigating suspected wildlife violations, handling injured animals, or responding to emergencies. Evidence collected or arrests made during unauthorized trespassing on private land would be thrown out in court. The change protects landowners' property rights while preserving officers' ability to enforce wildlife laws when circumstances justify warrantless entry.

provide protections for the exercise of religious freedom.

This bill creates a new law protecting religious freedom by preventing state agencies, local governments, and their officials from substantially restricting how people practice their religion unless the government has a compelling reason and no less restrictive way to achieve it. The law also requires that religious practices be treated no more strictly than similar non-religious practices, and people who believe their religious freedom has been violated can sue in court and recover attorney's fees if they win. This gives South Dakota residents a legal tool to challenge government actions they believe unfairly burden their religious exercise.

limit liability for certain exposures to COVID-19.

This bill creates a new legal protection that shields health care professionals, health care facilities, first responders, and others from being sued for COVID-19 exposures that occur while they are performing their duties in good faith. The law defines COVID-19 and related terms to establish which workers and facilities qualify for this liability protection.

revise the requirement for written findings of fact and conclusions in certain judicial proceedings involving a child.

HB 1068 changes the rules for when judges must write down their findings of fact and conclusions in court cases involving children. The bill revises these written documentation requirements, though the specific details of what gets added, removed, or changed are not fully shown in this excerpt. This affects how judges handle child-related legal proceedings like custody, abuse, or neglect cases.

revise provisions on aiding, abetting, or advising.

This bill prevents people convicted of helping someone commit a crime from receiving longer sentences than the person who actually committed the crime, unless they committed separate crimes on their own. It also allows courts to reduce sentences that violate this rule if someone was already sentenced too harshly compared to the principal offender.

remove irreconcilable differences as a cause for divorce.

HB 1236 eliminates "irreconcilable differences" as a legal reason for divorce in South Dakota. Instead of allowing either spouse to end a marriage simply because the relationship is broken beyond repair, divorces would need to be based on other grounds specified in state law. This change makes it harder for couples to divorce without proving fault or meeting stricter requirements.

revise certain provisions related to competency hearings.

SB 173 changes the legal standard for deciding whether defendants found incompetent to stand trial should continue receiving treatment to restore their competency. Instead of requiring courts to find a "substantial probability" a defendant will become competent within a year, the bill uses the slightly lower standard of "reasonable likelihood" that competency will be restored. This makes it somewhat easier for courts to order continued restoration treatment rather than dismissing charges against defendants deemed unlikely to regain competency.

revise certain provisions regarding appeals by the prosecution.

SB 62 expands prosecutors' right to appeal certain court decisions in criminal cases by clarifying that they can appeal orders dismissing charges on any grounds—not just statutory grounds—and by adding appeals of suppression orders to the list of decisions prosecutors can challenge. The bill essentially gives the state's attorneys broader ability to challenge judicial decisions they disagree with, such as when a judge throws out evidence or dismisses criminal charges.

establish uniform complaint and declaratory ruling procedures for agencies regulating certain professions and occupations.

This bill creates a standardized complaint and investigation process for all state agencies that license professions and occupations (such as doctors, contractors, and other licensed professionals). The new rules define how complaints can be filed, who investigates them, and establish consistent procedures across all these licensing boards instead of each having their own separate system.

prohibit interference with the right to bodily integrity in contagious disease control.

This bill adds a new protection stating that South Dakota residents have a right to refuse any medical intervention, including vaccines, without facing discrimination in employment, housing, education, or public services. It does allow employers to screen workers for contagious diseases if the screening is directly related to job duties and business needs. The bill essentially prevents the state from requiring medical interventions and bars most entities from penalizing people who refuse them.

modify the expenditures that are recoverable as disbursements by a prevailing party in a civil action or a special proceeding.

This bill updates South Dakota law to clarify which costs a winning party in a lawsuit can recover from the losing party, now explicitly including expenses for phone hearings and fax charges alongside traditional costs like witness fees, transcripts, and court-appointed experts. The change recognizes modern communication methods used in litigation that weren't originally listed in state law.

clarify the use of force.

HB1212 clarifies South Dakota's self-defense laws by defining key terms like "deadly force," "forcible felony," "dwelling," and "residence" to make it clearer when people can legally use force to protect themselves or their property. The bill updates the existing self-defense statute to specify that force is justified when a person reasonably believes it's necessary to defend against unlawful force or protect themselves, their family, or others from harm.

prohibit certain social media censorship.

HB1223 creates new South Dakota law allowing social media users (age 18+) to sue large social media platforms (those with over 75 million users) if they're censored based on political speech or content the user finds offensive. The bill defines "political speech" broadly to include speech about government, social issues, and candidate speech, and restricts platforms from removing such content or using algorithms to suppress it.

provide for the confidentiality of personal information of persons affiliated with nonprofit corporations.

This bill creates a new privacy protection for people who support nonprofit organizations by prohibiting government agencies from demanding or obtaining lists of members, donors, volunteers, or supporters. Government agencies that violate this confidentiality rule face penalties, though the bill text excerpt does not specify what those penalties are.

provide for the reimbursement of lost revenue for businesses forcibly closed by a governmental entity.

# SB 137 Summary This bill creates a new requirement that the state reimburse businesses for revenue they lose when a government entity forcibly closes them. The reimbursement would compensate owners for the income they couldn't earn while their business was shut down by government order.

revise the voting requirements necessary for the board to grant or deny parole or recommend clemency.

This bill changes the voting requirements for the state parole board when making decisions about prisoners. For cases reviewed by a smaller panel, decisions now require agreement from two board members instead of the previous requirement, and for cases reviewed by the full board, a majority vote is now required. The bill applies these voting thresholds to decisions about granting or denying parole, recommending clemency, and revoking or rescinding parole.

revise the requirements of setting discretionary parole dates by the board.

When an inmate's parole is revoked, the parole board must now set a new parole date within two years of the revocation, and must hold follow-up hearings at least every two years after that. The bill clarifies that the board doesn't need to hold these two-year hearings if the inmate receives an additional felony sentence or a suspended sentence with an initial parole date that extends beyond two years from the revocation.

limit the application of the death penalty.

South Dakota currently allows judges and juries to consider multiple circumstances when deciding whether to impose the death penalty; this bill narrows those circumstances by removing some factors that can justify a death sentence. The specific aggravating circumstances that qualify for capital punishment are being reduced, making it harder for prosecutors to pursue the death penalty in certain cases.

revise criminal provisions regarding certain visual recordings or photographic devices.

HB1204 strengthens South Dakota's laws against non-consensual intimate photography by clarifying that it's illegal to use cameras or recording devices to photograph or record someone's body or undergarments without their knowledge or consent, with intent to self-gratify, harass, or invade their privacy. The law makes this a Class 1 misdemeanor, but escalates it to a Class 6 felony if the victim is under 18 and the perpetrator is at least 21 years old.

provide for the protection of the consciences of medical professionals.

HB 1247 expands protections for doctors, nurses, and other medical professionals who object to performing certain medical procedures on religious or moral grounds. The bill amends South Dakota's existing conscience protection law to strengthen safeguards that allow healthcare workers to refuse participation in procedures they find ethically objectionable without facing employment discrimination.

repeal an exception to trespass liability on certain lands within national forests.

HB 1250 removes an exception to trespass liability that currently protects certain people from being sued for trespassing on private land within national forests. After this change, landowners will be able to hold trespassers legally responsible for entering their property in these forest areas, closing a loophole that previously shielded some trespassers from liability.

revise the automatic removal of certain convictions from a background check record.

This bill expands South Dakota's automatic record removal process by adding marijuana possession and use convictions to the list of offenses that can be removed from background checks. Previously, only minor offenses like petty crimes and low-level misdemeanors could be automatically removed after ten years; now misdemeanor marijuana convictions qualify for automatic removal as well, though court personnel will still have access to the records if needed.

revise provisions related to the automatic removal of certain charges or convictions from a defendant's public record.

South Dakota currently allows automatic removal of minor criminal charges and convictions from public records after ten years, but this bill speeds up that process by reducing the waiting period to three years for petty offenses, municipal violations, and Class 2 misdemeanors. Class 1 misdemeanors still require the standard ten-year waiting period. The case records remain available to courts and law enforcement for prosecuting future crimes, even after public removal.

prohibit certain insurers from using genetic information.

SB178 removes an existing law that permitted certain insurers to use genetic information when making coverage or rate decisions. By repealing §7-8-16, the bill prohibits insurance companies from considering a person's genetic test results or family medical history as a factor in underwriting or pricing insurance policies. This protects South Dakotans from potential discrimination based on genetic predisposition to disease.

protect the consumer in South Dakota.

HB1243 amends the law governing consumer protection in South Dakota by expanding protections and remedies available to consumers. The bill makes significant changes to Section 35-4-10.2, though the specific details of those changes would require reviewing the full amended text to explain precisely which consumer protections are strengthened or modified. This legislation is intended to give South Dakota consumers greater legal safeguards in their dealings with businesses and sellers.

create provisions regarding technology and privacy.

HB1257 expands South Dakota's technology and privacy protections by amending existing law to add new provisions governing how technology and personal information are handled. The bill makes substantial changes to state law on this topic, though the specific requirements are detailed in the amended statute. This legislation aims to strengthen privacy safeguards related to technology use in the state.

regarding the standards of conduct for legislators.

This concurrent resolution (a non-binding statement of the legislature's values) establishes standards of conduct for South Dakota legislators, calling on them to act with integrity, loyalty to their duties, impartiality, and accountability both during legislative sessions and between them. The resolution emphasizes that legislators should uphold the state constitution, statutes, and legislative rules while maintaining public trust and never appearing to compromise their integrity. This is an aspirational statement rather than a law that creates new legal requirements or penalties.

revise provisions regarding unfair or discriminatory practices.

Senate Bill 190 revises South Dakota's discrimination and unfair practices law by updating the definition of "disability" to clarify how it applies in employment, housing, and education contexts. The bill repeals an existing statute (§7-8-16) and modifies Chapter 20-13 to specify that disabilities only count as discriminatory factors if they're actually unrelated to a person's ability to perform their job, maintain property, or benefit from education. These changes aim to make the state's anti-discrimination protections clearer and more specific to different situations.