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require a defendant in a criminal proceeding to be physically present during the reading of victim impact statements.
HB 1270 requires defendants in criminal cases to be physically present in the courtroom when victims read impact statements about how the crime affected them. The bill changes state law to eliminate the option for defendants to appear remotely or be absent during these statements, ensuring they directly hear from victims during sentencing proceedings.
revise provisions related to a name change for certain crime victims.
This bill expands who can get a quick court-approved name change without a public hearing by adding human trafficking victims to the list (which previously only included domestic abuse victims with protection orders). The bill also relaxes the residency requirement from "at least six months in the county" to simply "a resident of this state," making it easier for victims to file petitions regardless of where they live.
revise provisions related to courtroom modifications for child witnesses.
This bill expands which children can testify in separate rooms via closed-circuit television by raising the age limit from under 12 to under 18 for all eligible cases. It also clarifies that the public must be excluded from the room where the child testifies and gives the court discretion to decide which specific people can be present. These changes make it easier for vulnerable young witnesses to testify while reducing their emotional distress and protecting their privacy.
require training on human trafficking for law enforcement officers.
South Dakota law enforcement officers must now complete training on human trafficking investigations every two years, covering topics like identifying trafficking conduct, collecting evidence while protecting victims from additional trauma, and working with social service organizations to support victims. The training also requires officers to learn how to handle cases involving minor victims and ensure trafficking victims are treated as victims rather than criminals.
make an appropriation for programs that assist victims of domestic violence, abuse, and neglect and to declare an emergency.
This bill creates the "Families First Grant Program" within the Department of Public Safety to award grants to organizations that help victims of domestic violence, sexual assault, and child abuse or neglect. The bill establishes a dedicated fund in the state treasury to pay for these grants, which can be used to support shelters, legal services, counseling, staff training, and court-appointed advocate services. South Dakota is making an appropriation (providing money) for this new program to address domestic violence and abuse.
revise the admissibility of certain statements made by persons with developmental disabilities concerning certain crimes.
This bill expands a rule allowing statements from child victims of abuse and sexual assault to be used as evidence in court by adding people of any age who have developmental disabilities to the protection. Previously, only children under 13 could have their statements admitted this way; now developmentally disabled adults can too, provided the court finds the statement reliable and either the person testifies or there is other evidence supporting the claim.
revise the definition of abused or neglected child to include minors subject to human trafficking.
HB 1218 expands South Dakota's legal definition of child abuse and neglect to include minors who are victims of human trafficking. This change allows trafficking victims to receive the same legal protections and support services that apply to other abused or neglected children under state law.
establish a safe harbor for child survivors of certain forms of human trafficking.
When law enforcement encounters a minor involved in prostitution or other sex trafficking activities, this bill requires officers to report the child to child protective services and a statewide human trafficking coordinator instead of treating them as criminals. Rather than arresting the child, officers must release them to their parents or guardians (or to child protective services if the child's safety is at risk), connecting them with support services through a child advocacy center. This establishes a "safe harbor" that treats child trafficking victims as victims needing help rather than as lawbreakers.
revise provisions related to the video recording of certain victim testimony at a preliminary hearing or deposition.
HB 1100 expands who can request video recordings of child victim testimony at preliminary hearings or depositions—allowing either the prosecutor or defense attorney to make the request, rather than only the prosecutor. The bill also broadens the types of crimes covered to include sexual abuse of minors under age 18 (not just those under 16), and clarifies that victims of child abuse under a specific statute can also have their testimony video recorded.
revise certain provisions relating to child support.
This bill updates South Dakota's child support calculation rules by clarifying that parents are presumed capable of working at least 1,820 hours per year (even if incarcerated) and must pay child support based on that minimum, unless they can prove a physical or mental disability prevents it. The bill also makes technical changes to how income deductions are calculated for child support purposes, including adjustments to tax withholding assumptions and retirement plan contribution limits.
revise certain provisions regarding the crime of rape and provide a penalty therefor.
HB 1287 adds a new category of rape—called "rape in the fifth degree"—that makes it a Class 4 felony to engage in sexual penetration without the victim's consent, regardless of other circumstances. This expands South Dakota's rape law to cover non-consensual sexual acts that don't involve force, coercion, incapacity, or age-related vulnerabilities, making consent itself the determining factor in this lowest-level rape category.
provide a cause of action for certain employees that are required to receive a vaccination as a condition of employment and to declare an emergency.
Employees who are required by their employer to get vaccinated as a condition of employment can now sue their employer for damages if they claim the vaccination caused them injury or illness. The bill removes any legal protections or liability limits employers might otherwise have against such lawsuits. This applies to all employers in South Dakota, including private companies, the state government, and local governments.
include intentionally manipulated images or recordings in the crime of invasion of privacy by recording.
SB 120 expands South Dakota's invasion of privacy law to make it illegal to create and share fake but realistic nude images or sexual images of someone without their consent, if done to harass, embarrass, or gratify yourself. The bill adds this new offense to the existing law that already prohibited secretly recording intimate images of real people, bringing deepfakes and manipulated sexual images under the same criminal protections.
enhance the penalty on registered sex offenders who commit sexual contact without consent from a person capable of consenting.
This bill increases the penalty for registered sex offenders who commit non-consensual sexual contact against someone capable of consenting from a Class 1 misdemeanor to a Class 6 felony. The change applies only to offenders already required to register under South Dakota's sex offender registry law, while non-registered individuals committing the same act remain subject to the lower misdemeanor charge.
establish liability and the burden of proof for spoliation of evidence in statute.
This bill creates a new rule making parties liable for damages if they destroy or lose evidence after learning about a potential lawsuit against them. Once someone destroys evidence after receiving notice of a claim, the burden shifts to them to prove they destroyed it in good faith rather than to hide wrongdoing—flipping the normal legal requirement that someone proving wrongdoing must show the other party acted intentionally.
make an appropriation for the Liaison for Missing and Murdered Indigenous Persons Office, and to declare an emergency.
HB 1264 provides state funding to establish and operate a new Liaison for Missing and Murdered Indigenous Persons Office, which will focus on addressing cases involving missing and murdered Native Americans in South Dakota. The bill declares this funding an emergency appropriation, meaning the money becomes available immediately rather than waiting for the normal budget process.
expand the definition of community safety zone in relation to the sex offender registry.
This bill expands South Dakota's sex offender registry restrictions by clarifying that "community safety zones" — areas where registered sex offenders cannot live — extend 500 feet from schools, parks, playgrounds, pools, and day care facilities. The bill also defines related terms like "loiter" (lingering with the purpose of observing or contacting minors) and "school" to ensure consistent enforcement of these residential restrictions around places where children gather.
revise provisions regarding the liability of owner or caretaker of an impounded animal.
This bill makes owners of animals seized by law enforcement for animal cruelty or neglect violations responsible for all costs related to the seizure, including care, notifications, attorney's fees, and court costs. It also gives law enforcement agencies a legal claim (lien) on the seized animal to recover these costs, and allows prosecutors to ask the court to require owners to post a bond upfront to cover expenses while the animal remains in custody during criminal proceedings.
disqualify for life any person from driving a commercial vehicle who is convicted of a felony offense involving human trafficking.
Anyone convicted of a felony involving human trafficking would be permanently banned from holding a commercial driver's license in South Dakota. This removes any possibility of getting that license back in the future, even after serving their sentence.
prohibit eligibility for a suspended imposition of sentence for the crime of rape.
South Dakota law currently allows judges to suspend sentences for first-time felons if the judge believes it serves justice, but this bill eliminates that option for people convicted of rape. Anyone convicted of or pleading guilty to rape will now serve their full sentence and cannot have it suspended, even as a first offense.
classify vehicular homicide as a crime of violence.
HB 1074 changes South Dakota law to classify vehicular homicide as a crime of violence. This means people convicted of killing someone while driving will face the same sentencing enhancements and legal consequences as those convicted of other violent crimes. The reclassification may also affect parole eligibility and other criminal penalties tied to violent offenses.
promote continued fairness in women's sports.
This bill requires all school and college sports teams to be designated by students' biological sex at birth—either for females/women/girls, males/men/boys, or coeducational—and prohibits male students from joining female-designated teams. Students who lose athletic opportunities due to violations of this rule can sue their school district or college for damages, and schools are barred from retaliating against students who report violations.
establish standards for live or photographic lineups conducted by law enforcement.
SB 173 establishes new standards that law enforcement agencies must follow when conducting live or photographic lineups to help identify suspects. These standards aim to improve the reliability and fairness of identification procedures used in criminal investigations.