Search Bills

establish due process rights for students during disciplinary proceedings.

South Dakota colleges and universities must now establish policies that give students accused of sexual misconduct the right to know the specific allegations against them, consult with a lawyer, cross-examine witnesses, and receive written findings they can appeal. The new law also requires that investigators cannot later serve as judges in the case and that all decisions must be based on clear evidence.

Commending the South Dakota Air National Guard's 114th Fighter Wing of Sioux Falls for being awarded the Distinguished Flying Unit Plaque and the United States Air Force Outstanding Unit Award.

SC804 is a ceremonial resolution that honors the South Dakota Air National Guard's 114th Fighter Wing in Sioux Falls for earning the Distinguished Flying Unit Plaque and the United States Air Force Outstanding Unit Award. This bill does not change any state law—it simply recognizes and commends the military unit's achievements.

expressing support for the 2021 South Dakota Coordinated Plan for Natural Resources Conservation.

SCR 601 is a resolution expressing the South Dakota Senate's support for the 2021 Coordinated Plan for Natural Resources Conservation. This is not a law change—it's a statement of support for an existing conservation plan, with no changes to state regulations or requirements.

regulate school resource officers.

School resource officers must now notify a student's parent or guardian before questioning the student about a possible crime that happened off school grounds, unless the crime relates to school safety, bullying at the school, or a school disturbance. This new requirement protects students' rights by ensuring parents are informed before their child is questioned by law enforcement about matters outside the school setting.

clarify bond or pre-trial release upon sobriety program participation.

This bill clarifies that courts can require defendants to participate in the 24/7 sobriety program as a condition of bond or pre-trial release, but only if the court determines the defendant can afford the program's costs. The bill also prohibits jailing someone simply because they cannot pay for the sobriety program.

clarify the requirements for the execution of a living will declaration.

SB164 clarifies the technical requirements for South Dakota living will declarations by requiring that declarations either be witnessed by two adults or notarized by a public notary (changing "may" to "must"). The bill also clarifies that if someone's living will doesn't specify their wishes about artificial nutrition and hydration, state law will decide what happens rather than leaving it unclear.

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.

create the Office of Ombudsman for State Employees.

South Dakota would create a new Office of Ombudsman for State Employees to investigate complaints from state workers about illegal actions or improper decisions by executive branch agencies. The ombudsman, appointed by the Legislative Research Council, would review complaints to determine whether they're valid and worth investigating, while steering employees toward other available remedies when appropriate. This is a new office and function in state government, with no existing law being changed—only added.

clarify the certification process for teachers and school administrators.

This bill clarifies when the state education secretary can refuse, renew, revoke, or suspend teacher and school administrator certificates by specifying that ethics violations must first be confirmed by the appropriate professional practices commission before action is taken. The bill makes explicit that certificate decisions can only be made for incompetency, ethics violations, neglect of duty, failure to meet certification requirements, moral turpitude, or other causes allowed by law.

establish the burden of proof after a claim of immunity.

SB 195 shifts the burden of proof in self-defense immunity cases by requiring prosecutors to prove "by clear and convincing evidence" that a defendant is not entitled to self-defense immunity, rather than requiring the defendant to prove they qualify for immunity. The bill also requires courts to award a defendant's attorney's fees, court costs, and other expenses if they're found immune from prosecution in civil cases.

enact the uniform electronic recordation of custodial interrogations act.

SB 207 requires law enforcement to electronically record custodial interrogations of suspects, creating a permanent audio or video record of police questioning. This change updates South Dakota law to follow the Uniform Electronic Recordation of Custodial Interrogations Act, a model law adopted by other states to improve accuracy and accountability in criminal investigations.

revise provisions related to custody and visitation rights by medical cannabis cardholders.

South Dakota law now protects medical cannabis cardholders from automatically losing custody or visitation rights with their children simply because of their cardholder status. The change clarifies that there's no automatic assumption a cardholder is neglecting or endangering their child, unless the court has clear evidence their behavior actually creates a real safety risk to the minor.

modify when a motion for expungement of an arrest record may be made and to declare an emergency.

SB 83 allows people to request that their arrest records be erased immediately after the prosecutor formally dismisses their case, rather than waiting one year as currently required. The bill keeps the one-year waiting period for arrests where no charges were filed, and maintains the existing rule allowing immediate expungement after acquittal.

revise provisions related to abandoned mobile or manufactured homes.

HB1089 clarifies the process for property owners to sell or dispose of abandoned mobile or manufactured homes left on their land, requiring them to send certified notice to the home owner, any occupants, and lienholders after a court issues a writ of possession and give 30 days to remove the home. The bill also caps any unpaid lot rent that can be claimed against the sale proceeds to no more than two months of rent at the previously agreed rate.

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.

remove irreconcilable differences as a cause for divorce.

HB 1199 removes "irreconcilable differences" as a legal reason someone can use to get a divorce in South Dakota. This means spouses seeking a divorce would no longer be able to cite simply growing apart or incompatibility as grounds, and would need to rely on other specified reasons under state law instead.

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.

authorize the provision of informed consent by a pregnant minor.

Pregnant minors in South Dakota may now consent to their own medical care related to pregnancy, delivery, and postpartum recovery if they have the mental capacity to do so and their parents are unavailable or refuse to give permission. The health care provider must first try to contact the minor's parent or guardian before relying on the minor's consent. This change does not apply to abortion procedures or emancipated minors.

revise provisions on aiding, abetting, or advising.

South Dakota law now limits sentences for people who aid, abet, or advise in a crime—they cannot receive a longer sentence than the person who actually committed the crime, unless they committed separate crimes on their own. The bill also allows courts to reduce sentences after the fact if someone who helped with a crime was sentenced longer than the person who committed it.

revise provisions related to the revocation of a medical cannabis registry identification card.

This bill clarifies the process for revoking a medical cannabis registry identification card by ensuring the Department of Health gives written notice explaining the reason for denial or revocation to either the patient or their designated caregiver. It also formally establishes that revocation decisions are final departmental decisions that can be challenged in court through judicial review.

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 certain provisions regarding search warrants for tracking devices.

This bill extends the maximum duration for tracking device warrants in South Dakota from 45 days to 60 days, and allows judges to grant extensions of up to 60 days each for good cause (instead of the previous 45-day extension limit). The bill also clarifies that tracking devices include GPS, pole cameras, cellular devices, and electronic video surveillance, and that officers have up to 10 days to install the device once the warrant is issued.

prohibit discrimination based on a person's vaccination status or possession of an immunity passport and to declare an emergency.

HB 1262 would prohibit South Dakota employers, schools, and other entities from discriminating against people based on their vaccination status or whether they possess an "immunity passport" (proof of vaccination). The bill declares this change an emergency so it can take effect immediately rather than waiting for the normal delayed implementation.

require law enforcement to report certain seizures of property.

HB1328 requires law enforcement agencies in South Dakota to report when they seize property from people, creating a new accountability mechanism for asset forfeitures. The bill aims to increase transparency around seizures by mandating these reports be filed, though the specific details about reporting timelines and which agency receives the reports would be in the full text. This change applies to law enforcement seizures that weren't previously subject to mandatory reporting requirements.

exempt any person suffering from a severe mental illness from capital punishment.

SB 159 would prohibit South Dakota from executing anyone diagnosed with a severe mental illness, even if they have been convicted of a capital crime. This change would align South Dakota law with a principle already recognized in federal constitutional law that executing people with severe mental illness violates standards of human decency. The bill essentially creates a new exemption to capital punishment based on mental health status.

revise the provisions regarding the denial or nonrenewal of a patient registry identification card.

This bill clarifies the specific reasons the state can deny or refuse to renew a medical marijuana patient's registry card. The law now lists four grounds for denial: incomplete applications, not meeting eligibility requirements, prior revocation of a card, or providing false information—making it harder for the department to deny cards for other unstated reasons.

allow for a good cause exception to the time for an involuntary commitment hearing.

South Dakota law currently requires an involuntary commitment hearing to happen within five to seven days after someone is taken into custody, but this bill allows courts to delay that hearing for "good cause" before the deadline expires. The change gives judges flexibility to postpone hearings when circumstances warrant it, rather than being strictly bound by the time limits.

revise provisions related to driving under the influence.

This bill changes how driver's licenses are suspended for people convicted of driving under the influence by allowing courts to issue restricted driving permits for essential activities like work, school, and medical testing—rather than imposing a complete license revocation. For first-time offenders, the court gains flexibility to revoke licenses for 30 days to one year, while for repeat offenders, licenses can be partially restored after completing a chemical dependency program. The changes shift from mandatory full suspensions to a system where people can maintain limited driving privileges for necessary purposes.

revise a provision related to the review of the master jury list.

This bill clarifies that a person is considered to have served as a juror if they were summoned and appeared for trial, rather than only if they actually participated in a verdict. The change ensures that people who have recently served on juries—even if they didn't complete a full trial—are removed from the jury pool for two years before becoming eligible again.

prohibit forms of discrimination in access to organ transplantation.

South Dakota would prohibit hospitals, health care providers, and organ matching organizations from discriminating against people with disabilities when deciding who receives organ transplants. The law requires these entities to provide auxiliary aids—such as interpreters, accessible materials, and decision-making support—to ensure people with disabilities have equal access to transplant evaluation and treatment. This creates new protections so that disability alone cannot be a reason to deny someone consideration for a life-saving transplant.

provide for an inalienable right to bodily integrity.

This bill creates a new legal right guaranteeing that South Dakotans cannot be forced to accept medical treatments and cannot face discrimination or lose benefits for refusing medical interventions. It also prohibits giving preferential treatment to people who accept medical procedures. The law essentially protects medical choice by preventing employers, insurers, schools, and other entities from penalizing individuals who decline vaccines, medications, or other medical interventions.

establish criteria for temporary custody and visitation orders.

This bill changes how South Dakota courts make temporary custody decisions by requiring judges to presume that joint physical custody (equal parenting time) is in the child's best interest unless evidence shows otherwise. When a custody arrangement results in unequal parenting time, courts must now create a schedule that maximizes time with each parent based on their demonstrated involvement in the child's life. The bill also requires courts to issue written findings of fact and conclusions of law with their temporary custody orders.

provide for custody entitlement of a child born out of wedlock.

This bill changes South Dakota law to give both unmarried parents equal custody rights to their children born outside of marriage, rather than automatically giving custody to the mother. Courts will now decide custody based on what's best for the child's overall wellbeing, rather than defaulting to maternal custody.

clarify standards for the consideration of open enrollment applications.

HB1207 clarifies what standards school districts can use when deciding whether to accept or reject open enrollment applications—limiting them only to program capacity and student-teacher ratios while explicitly prohibiting discrimination based on race, gender, religion, or disability. The bill also strengthens protections for siblings by requiring that if denying an application would separate children from the same household into different school districts, both the home and receiving districts must approve enrollment to keep them together.

establish the fundamental right of a parent.

This bill establishes in state law that parents have a fundamental right to make decisions about their child's upbringing, education, and care. It prohibits state agencies, local governments, and their officials from interfering with or limiting that parental right. The change creates a new legal protection for parental decision-making authority in South Dakota.

protect an individual's conscience from entities requiring the COVID-19 vaccine.

This bill makes COVID-19 vaccination records strictly confidential and prohibits anyone from sharing or requesting an individual's vaccination status without their written consent, with limited exceptions for disease control investigations and protecting named individuals' health. Violations—such as a doctor's office or employer disclosing someone's vaccine status without permission—would be punishable as a Class 1 misdemeanor. The bill also allows the Department of Health to use vaccination data only for anonymous statistics or disease prevention purposes.

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.

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 provisions related to the confidential list of medical cannabis cardholders maintained by the Department of Health.

South Dakota's Department of Health maintains a confidential list of medical cannabis cardholders, and this bill expands what information must be included on that list—adding the names and contact details of patients' doctors and, for patients under 18, their parents or legal guardians. The bill also reinforces that this list cannot be combined with other databases or used for any purpose outside the medical cannabis program.

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

This bill expands when minor criminal convictions are automatically removed from public background check records in South Dakota. Under this change, petty offenses, municipal violations, and Class 2 misdemeanors are removed after five years with no further convictions, and Class 1 misdemeanors for marijuana possession are also automatically removed after five years—meaning people can legally deny these convictions ever happened when applying for jobs or housing. The actual court records remain available to law enforcement and courts for prosecution purposes, but the general public cannot access them.

revise provisions regarding eligibility for parole for certain persons sentenced to life imprisonment.

SB172 changes who can be considered for parole if they were sentenced to life in prison in South Dakota. The bill modifies the eligibility rules in state law to allow certain people serving life sentences to potentially apply for parole under new conditions specified in the updated statute.

exempt the provision of electricity through electric vehicle charging stations from the definition of electric utility.

SB 80 removes electric vehicle charging stations from the definition of "electric utility" under South Dakota law, meaning companies that operate EV charging stations won't be regulated as traditional electric utilities. This change allows EV charging infrastructure to operate with fewer regulatory requirements, potentially making it easier and cheaper for businesses and property owners to install charging stations.

revise provisions regarding court transcript costs.

South Dakota courts currently charge $3 per page for original transcripts and 40 cents per page for copies, but this bill allows the state Supreme Court to adopt new pricing rates for both original and copy transcripts, effective January 1, 2023. The bill gives the Supreme Court authority to set transcript fees rather than keeping them fixed in state law. Indigent defendants and their lawyers can still request free transcripts paid by the county if the court approves.

establish rights regarding the disposition of a person's remains.

This bill establishes a clear legal process allowing adults to pre-plan their funeral arrangements and remains disposition through preneed contracts, and specifies who has the right to make these decisions if someone dies without leaving instructions. The law protects these prearranged plans from being changed or canceled unless the person who made them authorized someone else to do so, or unless there isn't enough money set aside to pay for them. This creates a new legal framework in South Dakota to ensure people's wishes about their funeral and burial are respected and followed after death.

grant immunity from certain liabilities for camping activities.

This bill protects private campground owners from being sued for injuries that result from natural camping hazards—such as uneven terrain, wildlife, weather, campfires, natural water features, and injuries caused by other campers' negligence. The law specifically lists what counts as "inherent risks of camping" that campground owners are not responsible for, though they remain liable if they themselves or their employees are negligent or if they accept responsibility for an animal that causes injury.

establish a parole hearing requirement for certain inmates.

Inmates convicted of four or more felonies must now have a parole hearing before they can be released, where the parole board will decide if they've been rehabilitated, are not dangerous, have employment lined up, and have followed prison programs. If an inmate is denied parole at their initial hearing, they get another chance to be considered at least every two years after that. Inmates can choose to skip the hearing if they want.

allow medical practice on the basis of conscience.

This bill creates a new legal right allowing doctors and other medical practitioners to make treatment decisions based on their personal conscience, even if those decisions conflict with state or federal laws, regulations, or rules. The bill essentially gives medical practitioners the authority to determine patient care based on what they believe is best, rather than requiring them to follow established medical standards or legal requirements. This is a significant change because it prioritizes a provider's personal beliefs over existing law and regulatory guidelines.

prohibit institutions of higher education from discriminating against or providing preferential treatment to students.

South Dakota's public universities and colleges would be prohibited from discriminating against or giving preferential treatment to students based on race, color, religion, national origin, sex, disability, creed, or ancestry in admissions, services, or discipline. The law would also ban these institutions from asking applicants questions designed to identify their race, religion, national origin, or other protected characteristics, except when required by other laws. This change codifies nondiscrimination requirements for higher education institutions under the Board of Regents.

allow inpatient psychiatric facility placement alternatives for certain patients.

This bill creates a new exception allowing patients aged 18-19 who are still in high school (or working on their GED) to be placed in psychiatric facilities' minors' units if they consent, rather than being automatically placed with adult patients. The bill also requires the Department of Health to approve specific guidelines for evaluation programs at these facilities. These changes give psychiatric facilities more flexibility in housing certain young patients while keeping them separated from adults.

establish a means for certain Department of Corrections inmates to earn credit against fines or costs ordered by the sentencing court.

Inmates without valid Social Security numbers can petition the court at sentencing to reduce their fines or costs, arguing they won't be able to earn prison wages without one. If the court finds good cause for the reduction, the inmate can then earn credits toward their fines and costs through work assignments in prison, at the standard institutional pay rate. Disciplinary work assignments don't count toward these credits.

revise certain provisions regarding the minimum amount of a lottery prize that is subject to setoff.

South Dakota currently allows the state to withhold lottery prize payments to cover debts owed by winners, but only for prizes exceeding $599. This bill raises that threshold to $500, meaning the state can now seize lottery winnings to pay debts for smaller prize amounts than before. Winners still have the right to appeal the setoff within 30 days.

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.

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.