Search Bills
Search by bill number, title, description, or keyword
Search by bill number, title, description, or keyword
repeal provisions regarding criminal jury trials effective upon the adoption of Supreme Court rules.
HB1061 repeals state laws that currently set out specific rules for how criminal jury trials must be conducted in South Dakota. Once the state Supreme Court adopts new rules to replace these provisions, the old legal requirements will no longer apply, allowing the courts to follow the Supreme Court's updated procedures instead.
prohibit eligibility for a suspended imposition of sentence for certain rape offenses.
This bill eliminates the option for judges to suspend sentences for people convicted of rape in the first, second, or third degree—meaning those defendants must receive an actual prison sentence rather than probation. Currently, South Dakota law allows judges to suspend sentences for first-time felons in most cases, but this bill removes that possibility specifically for rape convictions.
limit probation for offenders with four or more felony convictions.
South Dakota law currently allows judges to sentence offenders to probation instead of prison time, but this bill restricts that option for repeat offenders by prohibiting probation for anyone with four or more prior felony convictions. The change aims to ensure that career criminals serve prison time rather than receiving probation as an alternative sentence.
modify a court's authority to commit a habitual juvenile offender to the Department of Corrections.
SB 4 modifies the rules for when courts can send repeat juvenile offenders to the state Department of Corrections by requiring judges to choose the "least restrictive alternative" available while keeping the child's best interests in mind. The bill removes the previous authority that allowed courts to automatically commit habitual juvenile offenders to adult corrections facilities, instead requiring them to consider probation, community service, counseling, and other rehabilitation options first.
Honoring the seventy-fifth anniversary of the Singing Legionnaires of American Legion Post 15 in Sioux Falls.
SC801 honors the 75th anniversary of the Singing Legionnaires of American Legion Post 15 in Sioux Falls. This is a ceremonial resolution that does not change any state law.
limit parole for violent offenders.
Starting July 1, 2023, people convicted of serious violent crimes—including first-degree murder, rape, kidnapping, armed robbery, and human trafficking—become ineligible for parole and must serve their full prison sentences as imposed by the court. The only exceptions are for cases where the court itself chooses to suspend part of the sentence at sentencing. This eliminates the Board of Pardons and Paroles' ability to grant early release for these violent offenders.
provide treatment for the ingestion of controlled substances.
This bill removes delta-9 tetrahydrocannabinol (THC, the active ingredient in marijuana) from South Dakota's felony charges for ingesting controlled substances. Currently, possessing any controlled drug in your body without a prescription is a felony crime, but this change means having THC in your system would no longer result in felony charges under this law.
authorize community response teams to recommend alternative community-based resources for children alleged to be delinquent and children alleged to be in need of supervision prior to adjudication.
Community response teams in South Dakota can now recommend alternatives to the juvenile court system for children accused of delinquency or status offenses before a judge makes a final decision. The bill changes the definition of these teams' role to focus on children who are "alleged to be" delinquent rather than those already determined to be delinquent, allowing interventions to happen earlier in the process.
increase the daily maximum award for the alternative care program administered by the Unified Judicial System.
South Dakota's alternative care program, which helps nonprofits provide housing and meals for low-income adults to reduce crime, will increase its daily payment limit from $30 to $50 per resident. This change allows the Unified Judicial System to award larger grants to nonprofits participating in the program.
establish a parole hearing requirement for certain inmates.
Inmates convicted of four or more prior felonies who are then convicted of certain drug offenses must now receive a parole hearing at their initial parole eligibility date, where the parole board decides whether to release them based on factors like rehabilitation progress and employment prospects. Inmates who aren't released at that initial hearing are entitled to another parole hearing at least every two years going forward. This creates a new requirement that these repeat offenders get a hearing opportunity they may not have had before.
modify certain requirements for removal from the sex offender registry.
Sex offenders convicted in other states can now petition South Dakota courts to remove themselves from South Dakota's sex offender registry if they've already been removed from the registry in their home state. Previously, South Dakota law didn't allow this type of removal based on another state's decision. The bill requires the person seeking removal to provide a certified copy of the court order removing them from their original state's registry.
Honoring Nyapal Chuol of Sioux Falls, South Dakota Girls State Governor, and Jason Lenning of Harrisburg, South Dakota Boys State Governor, and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls State and Boys State programs.
This is a ceremonial resolution honoring two high school students—Nyapal Chuol of Sioux Falls and Jason Lenning of Harrisburg—who served as governors of the South Dakota Girls State and Boys State programs. The resolution also commends the South Dakota American Legion and Auxiliary for sponsoring and running these civics education programs. This bill doesn't change any existing laws; it's simply an expression of recognition by the state legislature.
provide for appropriate civil commitment of certain persons.
This bill changes the rules for committing people with developmental disabilities to state care when they've been accused of violent crimes. Previously, the county review board had to prove the person posed an immediate danger; now, if a violent crime charge was dismissed in court, the board can order commitment if it finds the person actually committed the crime, has difficulty controlling their behavior, and is likely to commit another violent crime in the future. The bill also allows law enforcement to physically take someone into custody if they refuse to comply with a commitment order.
establish provisions relating to occupational licensing and criminal convictions.
South Dakota licensing boards can no longer automatically deny occupational licenses based solely on a criminal conviction or character concerns; instead, they must consider each case individually using only the standards set out in this law. The bill defines key terms like "occupational license" and "personal qualifications" to establish a consistent framework across all state licensing decisions involving criminal history.
revise exceptions to the imposition of a Class 2 misdemeanor when no other penalty is provided by statute.
This bill narrows the default penalty for violating state laws that don't specify their own punishment. Currently, violations of most South Dakota statutes without an explicit penalty are automatically Class 2 misdemeanors; this bill carves out additional legal codes (Titles 1-11, 13-20, 22, and 25-62) from that default rule, meaning violations in those areas will no longer automatically become Class 2 misdemeanors unless the statute itself says otherwise. The change essentially gives legislators in those specific legal areas more flexibility to define their own penalties rather than defaulting to a 30-day jail sentence or $500 fine.
revise certain provisions regarding the reimbursement of county expenses in detaining parole violators.
This bill increases the daily reimbursement rate that South Dakota pays counties for holding parolees from $70 to $95 per day. The change applies to both the reimbursement cap itself and the voucher claim process that counties use to request payment from the state.