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Make an appropriation for victim services provided by nonprofit organizations.
South Dakota will set aside $5 million annually to give grants to nonprofit organizations that help abused children, domestic violence victims, and sexual assault victims. The Department of Health will award these grants based on applications submitted each July and August, prioritizing organizations with financial need, and the money can be used for emergency services, counseling, crisis lines, staffing, and training for sexual assault nurse examiners—but not for starting new programs or paying for legal services.
Revise eligibility requirements for the crime victims' compensation program.
SB 96 expands eligibility for South Dakota's crime victims' compensation program by removing the requirement that victims be denied benefits if they engaged in conduct that contributed to their own injury or death—but this protection now applies to victims of sex offenses, human trafficking, domestic abuse, and child abuse, as well as minors and certain other protected groups. The bill also clarifies technical language in the existing statute without changing the one-year filing deadline or the requirement that crimes be reported to law enforcement within five days.
Prohibit eligibility for a suspended imposition of sentence for certain rape offenses.
People convicted of certain types of rape offenses—specifically those involving force or lack of consent—are no longer eligible to receive a suspended imposition of sentence, which is a sentencing option that allows first-time felony offenders to avoid a judgment of guilt if they successfully complete probation. This change makes rape convictions an exception to the existing law that generally allows judges to suspend sentences for first-time felons.
Make an appropriation for purchasing, storing, and distributing sexual assault kits.
South Dakota will allocate $180,000 to the Department of Health to purchase, store, and distribute sexual assault kits to health care facilities across the state. The money comes from the state's general fund and must be spent by June 30, 2028, or the unused portion will be returned. This is a one-time funding appropriation to support sexual assault evidence collection and handling.
Revise provisions related to human trafficking, to prohibit the obstruction of human trafficking enforcement, and to provide a penalty therefor.
SB 58 strengthens South Dakota's human trafficking laws by expanding the definition of "coercion" to include threats and patterns of behavior designed to frighten victims into compliance, and by making it illegal to knowingly obstruct or interfere with human trafficking enforcement efforts. The bill also clarifies that human trafficking of minors doesn't require proof of force, fraud, or coercion—any recruitment or transportation of someone under 18 for commercial sex acts or forced labor constitutes trafficking. Additionally, the law now penalizes people who financially benefit from human trafficking ventures, even if they don't directly participate in the trafficking itself.
Revise the payor of autopsy costs in certain circumstances.
This bill clarifies when counties must reimburse each other for autopsy costs: a deceased person's home county must pay for an autopsy performed in another county, but only if the home county requested the autopsy or the accident occurred there. The bill also adds a new provision allowing counties to bill the deceased person's estate for autopsy costs if the death resulted from the person committing murder in the first degree.
Revise certain provisions related to sexual contact with a child under sixteen.
This bill clarifies South Dakota's law against sexual contact with children under sixteen by explicitly stating that touching a child's buttocks or upper inner thighs with sexual intent is prohibited, not just touching their breasts or genitals. It also extends the time period for filing charges in these cases from seven years to either seven years or when the victim reaches age twenty-five, whichever is longer. Additionally, the bill creates a narrow exception allowing people less than five years older than a thirteen-year-old victim to be charged with a Class 1 misdemeanor instead of a felony.
Revise and repeal provisions related to rape in the first degree and to provide a penalty therefor.
This bill increases the penalty for rape in the first degree (sexual assault of a child under 13) from a Class C felony to a Class B felony, making it a more serious offense. The bill also repeals an existing statute (§22-22-1.2) and makes related updates to rape laws, though the full scope of those changes is not completely visible in the provided excerpt.
Clarify a provision related to the award of punitive damages in a wrongful death action.
This bill clarifies South Dakota law on wrongful death lawsuits by explicitly stating that punitive damages (extra money meant to punish wrongdoing) cannot be awarded in these cases. The change makes clear that injured families can only recover actual financial losses from the death, not punishment damages, and overrides any court decisions that may have suggested otherwise.
Revise provisions related to human trafficking.
Revise provisions related to forensic medical examinations.
South Dakota counties must now pay the full cost of forensic medical exams for sexual assault victims, with the law explicitly spelling out what services are covered—including physical exams, evidence collection, drug and alcohol screening, lab tests for STDs, medications, and imaging services. This clarifies and expands the definition of what counties must fund when victims receive these exams at hospitals or clinics.
Requesting the attorney general to file a lawsuit against the People's Republic of China and related parties to seek damages related to the COVID-19 global pandemic.
This resolution asks South Dakota's attorney general to sue China, the Chinese Communist Party, and a Chinese military laboratory for $100 billion in damages, claiming they were responsible for creating and releasing the COVID-19 virus. The resolution also requests that the attorney general establish a relief fund to distribute any money recovered from such a lawsuit to COVID-19 victims in South Dakota. This is a non-binding request to the attorney general rather than a change to state law itself.