HB 1239 clarifies the legal defenses available to people and institutions accused of distributing harmful materials to minors or obscene materials, including making it explicit that public libraries and their employees are protected from prosecution under these laws. The bill also tightens the language around what counts as a valid defense—such as requiring adults to provide written statements if they claim to be a minor's parent or guardian, rather than just making an oral representation. These changes make South Dakota's obscenity and harmful-materials laws clearer while reinforcing that public libraries cannot be prosecuted for their collection decisions.
AI-generated summary
Signed by the Governor H.J. 552
Delivered to the Governor H.J. 546
Signed by the President S.J. 528
Signed by the Speaker H.J. 539
House of Representatives Concurred in amendments Passed, YEAS 36, NAYS 34. H.J. 520
Senate Do Pass Amended Passed, YEAS 32, NAYS 2. S.J. 492
Senate Motion to amend Passed, YEAS 18, NAYS 16. S.J. 491
Judiciary Do Pass Passed, YEAS 5, NAYS 2.
Judiciary Scheduled for hearing
Senate Referred to Senate Judiciary S.J. 354
First Reading Senate S.J. 341
House of Representatives Do Pass Passed, YEAS 38, NAYS 32. H.J. 346
Education Do Pass Passed, YEAS 10, NAYS 5.
Education Scheduled for hearing
House of Representatives Referred to House Education H.J. 213
First Reading House H.J. 199
Prime sponsor · Rep
R
Dist. HD-009
Prime sponsor · Sen
R
Dist. SD-018
Concurred in amendments
Motion to amend
Do Pass Amended
Judiciary — Do Pass
Do Pass
Education — Do Pass