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provide for a rebuttable presumption of intent to distribute methamphetamine when in possession of more than five grams.
This bill makes it illegal to possess more than five grams of methamphetamine and creates an automatic legal assumption that anyone caught with that amount intends to sell it (unless they can prove otherwise in court). The penalty increases from a Class 3 felony to a Class 2 felony if the person also has three or more items suggesting drug dealing, such as cash, weapons, drug packaging materials, or customer lists.
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.
establish mandatory sentences for certain driving while under the influence violations.
HB 1170 adds certain driving under the influence (DUI) violations to South Dakota's list of crimes that are treated as "violent crimes" for purposes of setting parole eligibility dates. This means inmates convicted of these DUI offenses will face longer initial parole dates compared to other crimes, effectively requiring them to serve more time before becoming eligible for parole.
provide a penalty schedule for failure to maintain financial responsibility on a motor vehicle.
South Dakota drivers and vehicle owners must carry proof of financial responsibility (insurance, a bond, a deposit, or self-insurance), and this bill establishes a penalty schedule for not doing so: the first violation is a Class 2 misdemeanor, the second is a Class 1 misdemeanor, and the third or later violation is a Class 6 felony. The bill also makes minor technical corrections to the law, such as clarifying language about self-insurance agreements.
provide a rebuttable presumption in favor of joint physical custody of a minor child.
SB 136 changes South Dakota's child custody law to presume that when parents divorce or separate, they should share physical custody of their children equally unless a court finds good reason not to. This shifts the starting assumption in custody cases so that judges begin with the premise that joint physical custody is in the child's best interest, rather than one parent being the default custodian.
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.
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.
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.
enhance the penalty for petition circulation perjury.
SB46 creates a new crime called "petition circulation perjury" with enhanced penalties for people who falsely swear that they personally circulated petition signatures for ballot measures. Someone who lies about personally circulating the petition faces the new crime of petition circulation perjury (with an unspecified penalty in the excerpt), while lying about other requirements like being a South Dakota resident or that signers are qualified voters remains a Class 1 misdemeanor.
enhance the penalty for attempted first degree murder of a law enforcement officer.
South Dakota currently treats attempted murder like other felonies, with penalties capped at half the sentence of the completed crime. This bill creates a new, stricter rule: if someone attempts to murder a law enforcement officer who is performing their duties, they face a Class 1 felony charge (the state's most serious felony) instead of the standard reduced penalty.
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.
revise certain provisions regarding the crime of rape and provide a penalty therefor.
SB 91 adds a new category to South Dakota's rape law by making it rape in the fourth degree when an adult is at least three years older than a victim who is 13-15 years old, even without force or incapacity—a situation currently not explicitly covered as rape. The bill also removes the statute of limitations for the most serious rape charge (rape in the first degree involving victims under 13), meaning prosecutors can bring charges at any time.
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.
Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, providing for the retention elections of circuit court judges.
This joint resolution proposes a constitutional amendment that would let South Dakota voters decide whether circuit court judges should face retention elections to keep their positions. If approved by voters, the amendment would change how judges stay on the bench—instead of the current system, judges would periodically have to win voter approval to continue serving.
increase civil penalties for commercial driver's license holders and motor carriers.
HB 1036 increases the civil penalties that commercial driver's license holders and motor carriers must pay when they violate out-of-service orders in South Dakota. Specifically, the bill raises penalties for drivers convicted of violating out-of-service orders from $2,500 to $3,471 for a first violation and from $5,000 to $6,943 for subsequent violations, and it increases penalties against employers from $10,000 to $17,995.
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.
revise certain provisions regarding consideration of out-of-state convictions for driving under the influence.
South Dakota will now count out-of-state drunk driving convictions from the past 25 years (instead of just 10 years) when determining whether a driver's current DUI charge is a repeat offense, but only if certain requirements under state law are met. This means drivers with older out-of-state DUI convictions could face harsher penalties for a new South Dakota DUI charge.
provide for the consideration of a child's wishes in awarding custody.
SB137 changes South Dakota's child custody law to require judges to consider what a child wants when deciding custody arrangements. This amendment to state law gives children's preferences a formal role in custody decisions, rather than leaving the weight given to their wishes entirely up to the judge's discretion.
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.
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.
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.
require that persons limit access to firearms by minors and to provide a penalty therefor.
South Dakota gun owners would face a Class 6 felony charge if they knowingly give, loan, or sell a firearm to a minor who then uses it to commit a crime, or if they store a firearm unsecured (without a locked container or trigger lock) and a minor obtains and uses it in a crime. The law would not apply if the firearm was disabled, had an essential firing component removed, or was stolen by the minor through an illegal act.
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.
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.
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.
authorize the construction of an addition to the BG Dean Mann Readiness Center in Sioux Falls, to make an appropriation therefor, and to declare an emergency.
SB13 authorizes the state to build an addition to the BG Dean Mann Readiness Center in Sioux Falls and provides funding for the construction project. The bill also declares an emergency, which allows the project to proceed without the normal waiting period required for most legislation.
establish and modify provisions related to public safety.
require quarterly reporting of alleged crimes and civil proceedings involving grain transactions and to provide a penalty therefor.
Grain buyers with Class A licenses must now report to the Public Utilities Commission within their quarterly financial statements if they become aware of embezzlement, theft, or fraud exceeding $50,000, file for bankruptcy with claims over $50,000, or become involved in civil lawsuits with claims over $50,000. Grain buyers who willfully fail to make these required reports and cause financial losses to grain suppliers can be charged with theft. This new reporting requirement is meant to give regulators better visibility into legal and criminal problems affecting the grain industry.
revise driver's license suspensions for restricted permit holders over the age of sixteen.
SB 61 changes the age threshold for driver's license suspensions on restricted permits from eighteen to sixteen years old, meaning teens with restricted permits can now face license suspensions starting at age sixteen instead of having to wait until they turn eighteen. The bill also extends suspension lengths for serious violations—felonies and Class 1 misdemeanors now result in suspensions lasting until the driver's sixteenth birthday (whichever is longer) rather than their eighteenth birthday, creating longer penalties for younger permit holders.
Proposing and submitting to the electors at the next general election an amendment to Article III of the Constitution of the State of South Dakota, to limit terms of service for legislators to eight years.
This constitutional amendment would limit South Dakota state legislators to serving a maximum of eight years in the Senate or House. If approved by voters in the next general election, the amendment would add this term limit requirement to the state constitution, preventing legislators from serving more than two consecutive four-year terms (or equivalent combinations in either chamber).
revise residency requirements for the purposes of voter registration.
SB 139 changes the residency requirements that voters must meet in order to register to vote in South Dakota by amending the state's voter registration law. The specific details of what residency period or conditions are being revised are not included in the provided bill text excerpt, which contains only procedural legislative documents rather than the actual bill language.
prevent the imposition or enforcement of extreme risk protection orders and to provide a penalty therefor.
South Dakota would prohibit state officials and agencies from enforcing "extreme risk protection orders"—court orders that temporarily remove guns from people deemed dangerous to themselves or others—making any such orders null and void in the state. State employees and officials would be banned from complying with these orders or accepting federal funding tied to them, with violations punishable as a Class 6 felony. The bill does not affect traditional protection orders issued in cases of stalking, domestic violence, or assault.