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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.

revise the penalty for certain willful violations by grain buyers and grain warehouse operators.

This bill increases penalties for grain buyers and grain warehouse operators who willfully fail to report when they're not meeting financial requirements set by state rules. A willful violation that causes financial loss to grain suppliers becomes a Class 6 felony (theft), while violations without financial loss remain a Class 1 misdemeanor, and the state can now fine violators up to $1,000 per day out of compliance (capped at $20,000 total).

include out-of-state convictions as a basis of an enhanced penalty for certain drug crimes.

This bill allows courts to consider drug convictions from other states when deciding whether to impose enhanced penalties for certain drug crimes in South Dakota. Currently, South Dakota law only uses in-state convictions to trigger these harsher sentences, but the new law expands this to include out-of-state convictions so repeat offenders cannot avoid enhanced penalties by committing crimes in multiple states. The change applies to charges involving manufacturing, distributing, or possessing controlled substances listed in Schedules I or II.

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.

expand criminal provisions regarding the protection of minors from certain forms of sexual exploitation.

This bill strengthens South Dakota's human trafficking laws by making it easier to prosecute trafficking cases involving minors—prosecutors no longer need to prove that force, fraud, or coercion was used when the victim is under 18. The bill also expands the definition of "coercion" to include threatening someone with physical restraint, isolation, or confinement; forcing them to provide sex acts as payment for a debt; and exploiting someone's physical or mental impairment.

revise the penalty for a violation of maintenance of financial responsibility.

This bill increases the penalties for driving without proof of insurance or other required financial responsibility. A first violation becomes a Class 2 misdemeanor, while a second or subsequent violation becomes a Class 1 misdemeanor (a more serious offense).

revise the penalty for driving without a license.

This bill increases penalties for driving without a valid license in South Dakota. A first offense remains a Class 2 misdemeanor, but a second or subsequent offense becomes a Class 1 misdemeanor (a more serious charge with steeper penalties). The change makes repeat violations subject to harsher criminal consequences.

establish mandatory sentences for certain driving while under the influence violations.

This bill requires mandatory minimum sentences for people convicted of a fourth driving under the influence offense within ten years. Judges must impose a Class 5 felony conviction and revoke the driver's license for at least two years, and if someone drives without a license during that period, they must serve at least twenty days in jail with no option to suspend the sentence.

increase the penalty for neglect, abandonment, and mistreatment of animals.

This bill increases penalties for animal neglect, abandonment, and mistreatment in South Dakota. Cases that result in serious physical injury, illness, or death to an animal now become a Class 6 felony instead of remaining a misdemeanor, while basic violations stay as Class 1 misdemeanors.

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.

establish the crime of hazing and to provide a penalty therefor.

This bill creates a new crime of hazing in South Dakota, making it illegal to force students to participate in dangerous or mentally stressful activities as a condition of joining school or university organizations. Penalties range from a Class 2 misdemeanor for reckless hazing up to a Class 6 felony if the hazing intentionally causes serious injury to a student.

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.

revise the enhanced penalty for unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances.

South Dakota's drug trafficking penalties get tougher for dealers caught with certain indicators of larger-scale operations. Currently, manufacturing or distributing Schedule I or II drugs is a Class 4 felony, but this bill upgrades it to a mandatory Class 3 felony with a minimum 5-year prison sentence if the person possesses three or more specific items or amounts—like $1,000+ in cash, weapons, bulk packaging materials, manufacturing equipment, or customer lists. The new law removes the judge's ability to suspend or reduce these sentences.

revise the definition of sexual contact for purposes of sexual contact with a child under eighteen by a person in a position of authority.

This bill expands South Dakota's legal definition of "sexual contact" with a minor by a person in authority to include touching of the buttocks or inner thighs, in addition to existing categories like breasts and genitalia. The change makes it clear that such touching is illegal even if it happens over clothing or for any reason other than medical treatment by licensed healthcare providers. The bill also clarifies that courts must decide before trial whether someone qualifies as a healthcare practitioner exempt from these rules.

Commending the Sioux Falls Little League baseball team for its historic season and participation in the Little League World Series.

SC807 is a commendation bill that honors the Sioux Falls Little League baseball team for their outstanding season and participation in the Little League World Series. This bill does not change any state law—it simply recognizes the team's athletic achievement through a formal Senate resolution.

Commending the Social Distance Powwow for promoting traditional songs, dance, and a sense of community in the virtual world amidst a global pandemic.

SC817 is a ceremonial resolution that commends the Social Distance Powwow for keeping Native American cultural traditions alive during the COVID-19 pandemic by hosting virtual songs, dances, and community gatherings. This bill does not change any state law—it simply expresses the South Dakota Senate's appreciation for the event's cultural significance.

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.

prohibit sexual contact between prison employees and prisoners.

South Dakota now makes it a Class 6 felony for prison employees and other detention facility staff to engage in any sexual contact or sexual penetration with prisoners under their authority. This law closes a gap in state criminal law by specifically prohibiting such conduct, which exploits the power imbalance between guards and detained individuals.

revise the penalty for the ingestion of certain controlled substances.

This bill reduces the penalty for possessing Schedule III or IV controlled substances in your body from a Class 6 felony to a Class 1 misdemeanor, though the court can still impose up to two years of probation. Second offenses remain a Class 1 misdemeanor with a mandatory minimum of ten days in jail, while third or subsequent offenses within ten years stay as a Class 6 felony.

prohibit threats made with the intent to coerce an abortion and to provide a penalty therefor.

# HB 1113 Summary This bill creates a new crime in South Dakota: making threats with the intent to coerce someone into having an abortion or to coerce someone into not having an abortion. The law establishes penalties for anyone who uses threats of harm or other coercive tactics to pressure another person's abortion decision.

provide for a revocation of hunting, trapping, or fishing privileges.

HB1131 changes the penalties for illegally hunting, fishing, or trapping on private property by making a mandatory one-year loss of privileges (instead of giving courts the option to impose this), and increasing the penalty to a two-year loss for repeat offenses within ten years. The bill also clarifies that people can retrieve small game they've legally killed from private land without it being considered a crime.

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.

prohibit the personal possession of a loaded firearm while in possession of cannabis or cannabis products and to provide a penalty therefor.

This bill creates a new criminal offense making it illegal to carry a loaded firearm while also possessing cannabis or cannabis products. Anyone caught violating this law could face criminal penalties under South Dakota law.

repeal provisions related to the prosecution, search, seizure, penalty, or discipline of medical cannabis establishments for certain conduct.

This bill repeals legal protections that currently shield medical cannabis dispensaries and cultivation facilities from prosecution, searches, seizures, and penalties when they operate according to state law. After this repeal, medical cannabis businesses would no longer have immunity from criminal charges, law enforcement searches, or civil penalties for activities like possessing, transporting, selling, or testing cannabis products that comply with state regulations. Essentially, the bill removes the legal safeguards that allow these businesses to operate without fear of state prosecution.

increase penalties for actions related to grain transactions.

This bill increases penalties for grain warehouse operators who violate state regulations. Specifically, it raises the daily civil fine for operating an unlicensed public grain warehouse from $1,000 to $5,000 per day (with a maximum of $50,000 instead of $20,000), and increases the maximum fine for refusing to let state inspectors examine warehouse records from $2,000 to $20,000.

prohibit a grain broker from engaging in certain transactions or activities and to provide a penalty therefor.

South Dakota grain brokers must now obtain a state license before buying grain, with violations treated as a Class 5 felony if the person claims to be a grain broker (or a Class 1 misdemeanor otherwise). The bill increases civil penalties for unlicensed grain purchases from $1,000 to $5,000 per transaction, with a maximum fine of $50,000 per licensing period instead of $20,000. Each grain purchase without a license counts as a separate offense that can be prosecuted or enjoined by the Public Utilities Commission.

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.

prohibit medical abortion by telemedicine and to increase the penalty for the unlicensed practice of medicine when performing a medical abortion.

This bill bans telemedicine abortion by requiring that abortion medications (Mifepristone and Misoprostol) be prescribed and taken only in person at a licensed abortion facility, not remotely. It also increases the penalty for unlicensed people who prescribe these medications to induce abortion from a Class 1 misdemeanor to a Class 6 felony.

place certain substances on the controlled substances schedule and to declare an emergency.

This bill adds 44 dangerous synthetic drugs and opioid-like substances to South Dakota's list of Schedule I controlled substances, making their possession, sale, and manufacture illegal. The new banned substances include various synthetic opioids and sedatives that have no approved medical use in the state. The bill declares an emergency, allowing these restrictions to take effect immediately rather than waiting for the standard effective date.

prohibit the isomerization and acetylation of cannabinoids and the sale and possession of products created by the isomerization and acetylation of cannabinoids and to provide a penalty therefor.

HB 1054 bans the chemical process of converting legal hemp-derived cannabinoids (like Delta-8 THC) into more potent forms through isomerization and acetylation, and prohibits the sale and possession of products made this way. This targets products that use legal loopholes to create intoxicating substances similar to marijuana without growing actual cannabis plants. Violators would face criminal penalties under South Dakota law.

prohibit forms of caller identification manipulation and to impose a penalty therefor.

This bill makes it illegal to manipulate caller identification by displaying a fake or misleading name or phone number when contacting someone, with limited exceptions for authorized use. The violation is a Class 1 misdemeanor, and the law applies both to people who directly make such calls and those who knowingly allow their phone or communication device to be used this way.

regulate delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for those under the age of twenty-one.

This bill makes it illegal for anyone under age 21 to buy, possess, or use products containing delta-8 THC, THC-O acetate, or hexahydrocannabinol, and it prohibits adults from selling or giving these products to minors (with an exception for parents and guardians). Violating these rules is a Class 2 misdemeanor, which carries criminal penalties. The bill creates new restrictions on synthetic cannabinoid products that are currently sold in stores and online without the same age restrictions as traditional cannabis.

reinstate the prohibition against certain acts causing the termination of an unborn human life, and to prescribe a penalty therefor.

This bill reinstates South Dakota's ban on abortion by making it illegal for anyone to knowingly give a pregnant woman medication or perform a procedure intended to end her pregnancy, with violations classified as a Class 5 felony. The law defines pregnancy as beginning at fertilization and requires doctors treating pregnant women to make every effort to preserve both the mother's and the unborn child's life.

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.

revise the duty of governing boards regarding dangerous roadways.

HB1205 clarifies that when local governing bodies learn about dangerous conditions on roads, bridges, or culverts—whether from direct notice or other means—they must put up safety guards within 48 hours and either repair the damage or create an alternative route within a reasonable timeframe. The bill also requires the same safety guards be placed across abandoned public roads, bridges, and culverts. Officials who fail to follow these requirements can be charged with a petty offense.

make an appropriation for the planning, renovation, and equipping of the North East Regional Jail Facility in Brown County and to declare an emergency.

HB1288 provides state funding to plan, renovate, and equip the North East Regional Jail Facility in Brown County. The bill declares the project an emergency, which allows the funds to be appropriated and spent more quickly than through the normal budget process.