Senate Bill 90 adds legal definitions for key terms used in South Dakota's rape laws: "consent" (a person's positive, freely-given cooperation), "force" (physical effort to overcome or restrain someone), "mental incapacity" (a mental condition preventing someone from understanding their actions), and "physical incapacity" (unconsciousness, sleep, or other physical conditions preventing consent or resistance). These definitions clarify what prosecutors and courts must prove when charging and prosecuting rape cases in the state.
This bill does not directly amend codified state law.
Signed by the Governor S.J. 494
Delivered to the Governor S.J. 461
Signed by the Speaker H.J. 506
Signed by the President S.J. 430
House of Representatives Do Pass Passed, YEAS 69, NAYS 0. H.J. 459
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 10, NAYS 0.
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 292
Senate Do Pass Passed, YEAS 34, NAYS 0. S.J. 248
Senate Deferred to another day S.J. 225
Judiciary Do Pass Passed, YEAS 7, NAYS 0.
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 102
Becky Drury
Prime sponsor · Rep.
R
Tim Reed
Prime sponsor · Sen.
R
Cosponsors
Do Pass
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass