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establish certain provisions related to law enforcement.
This bill prohibits law enforcement officers and their training programs from using chokeholds and similar restraints that cut off breathing or blood circulation. It requires all police officers to receive training on tribal sovereignty, tribal history, and tribal culture, and creates a public database listing officers whose certifications have been suspended or revoked, including details about why.
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.
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.
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.
Commending Maiya Muller for winning the State Class A girls golf individual title.
This is a commendation resolution honoring Maiya Muller for winning the South Dakota Class A girls golf individual title—it doesn't make substantive changes to state law. The bill makes minor technical amendments to sections of state code related to corporate governance and residential property law, though these appear to be procedural adjustments rather than policy changes.
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.
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.
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.
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.