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require restitution for landowners following an unauthorized entry to hunt, fish, or trap.
This bill requires courts to order people convicted of unauthorized hunting, fishing, or trapping on private land to pay money to the landowner as restitution—$250 for basic violations and $500 for knowingly entering someone else's property for these purposes. The bill also clarifies penalties including mandatory license revocation for one year (or two years for repeat offenses within ten years) and fines of up to $500 for intentional trespassing to hunt or fish.
create a pilot program in the Unified Judicial System for risk and lethality assessments for certain persons accused of assault or protection order violations.
South Dakota courts will run a pilot program allowing judges to review safety assessments prepared by law enforcement when deciding whether to set bail or release conditions for people accused of domestic violence assault or violating protection orders. These assessments will help judges determine what conditions are needed to protect alleged victims. The program runs through the end of 2024, after which the state judiciary must report to lawmakers on whether it should continue.
revise provisions related to courtroom modifications for child witnesses.
This bill clarifies rules for child witnesses testifying in court by requiring the public to be excluded from the room where the child testifies, while allowing the court to decide which specific people (like a supportive adult) can be present. It also allows a judge to exclude a defendant from the room if the judge finds the defendant's presence would cause the child substantial emotional distress that would harm their ability to testify, but requires the defendant to still see and hear the testimony through closed-circuit television so they can observe the witness.
Honoring the 2022-2023 Canton C-Hawk boys wrestling team for its outstanding accomplishments.
This is a ceremonial resolution honoring the Canton C-Hawk boys wrestling team for their outstanding accomplishments during the 2022-2023 season. The bill does not change any state law—it simply recognizes the team's achievements through a formal Senate resolution.
reduce the time in which certain civil actions may be commenced.
HB1040 shortens the time limit for filing three types of civil lawsuits in South Dakota from three years to one year after the event that caused the damage or injury. The affected lawsuits are those against sheriffs, coroners, or constables for actions taken in their official duties; lawsuits seeking penalties under state law; and personal injury lawsuits.
provide access to abandoned cemeteries to descendants of the decedents interred therein.
SB 144 amends South Dakota's cemetery law to give descendants of people buried in abandoned cemeteries the right to access those burial grounds. The bill modifies existing provisions governing cemetery access and management to ensure family members can visit and maintain ancestral graves even when cemeteries are no longer actively maintained.
make an appropriation of American Rescue Plan Act monies for preconstruction activities of regional water system projects and to declare an emergency.
SB 184 directs federal American Rescue Plan Act money to pay for preliminary planning and design work on regional water system projects across South Dakota. The bill declares an emergency to allow this funding to be used immediately rather than following the standard appropriations process.
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.
revise the crime of witness tampering.
SB 50 expands South Dakota's witness tampering law to include a new crime: injuring or threatening to injure someone in retaliation for them testifying in court or cooperating with law enforcement. The bill keeps the existing witness tampering offense (offering benefits or pressuring someone to lie, withhold evidence, or skip court) as a Class 4 felony and adds this retaliatory conduct as an additional form of the same crime.
Recognizing Shirley Swanson for her remarkable career in teaching.
This resolution thanks and honors Shirley Swanson for her long career as a teacher in South Dakota. The resolution doesn't change any state laws—it's simply a formal expression of appreciation from the House of Representatives.
provide for the distribution of tax revenue from certain sales occurring on fairgrounds.
SB 138 changes how sales tax revenue collected at South Dakota fairgrounds is distributed among local governments. The bill modifies the existing fairgrounds tax revenue sharing formula to adjust how much of that money goes to the fair board, counties, and municipalities. This ensures fairground vendors and visitors' taxes are divided fairly among the communities that benefit from the fair.
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.
Commending the Rapid City Sliders 15U baseball team for representing South Dakota at the Babe Ruth World Series.
This is a commendation bill honoring the Rapid City Sliders 15U baseball team for their achievement in representing South Dakota at the Babe Ruth World Series. The bill makes no changes to state law—it simply recognizes the team's accomplishment through a legislative resolution.
require a convicted defendant to reimburse for the cost of digital forensic examination fees.
Convicted defendants in South Dakota will now be required to pay up to $95 toward the cost of any digital forensic examination performed on their phones, tablets, laptops, or other personal electronic devices during the investigation and prosecution of their case. Fees collected will be deposited into a special fund to reimburse the Attorney General's office for administering these digital forensic procedures. The bill updates state law to make digital forensic examination fees a standard part of sentencing for anyone convicted of a felony or misdemeanor.
revise provisions related to juror compensation.
South Dakota jurors will receive higher daily compensation for their service, increasing from $50 to $80 per day for the first five days and maintaining $120 per day for subsequent days. Additionally, jurors who are called but not selected for a trial will receive a higher appearance fee of $50 instead of $10, along with mileage reimbursement.
Encouraging the humane and fair treatment of the January 6 defendants.
This is a concurrent resolution expressing South Dakota's support for fair treatment of people charged in connection with the January 6, 2021 Capitol incident, citing concerns about jail conditions and legal proceedings. The resolution does not change any existing state law, but rather urges better treatment of these defendants and calls attention to their alleged complaints about conditions and handling of their cases. Concurrent resolutions are statements of principle that carry no legal force.