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Enhance the penalty for causing death by distributing a Schedule I or II substance.

This bill increases the penalty for distributing Schedule I or II controlled substances (like fentanyl and methamphetamine) when the distribution causes someone's death, making it a more serious crime with harsher punishment. The bill also clarifies existing penalties for drug distribution based on aggravating factors like possession of weapons, large amounts of cash, or drug manufacturing equipment. These changes aim to deter deadly drug trafficking by imposing stricter consequences on distributors whose drugs result in overdose deaths.

Establish the crime of hazing and to provide a penalty therefor.

South Dakota would create a new crime of hazing, making it a Class 1 misdemeanor to recklessly endanger someone's health or safety or cause extreme psychological distress as part of initiation into a school, college, or university organization. If the hazing causes serious bodily injury, it becomes a Class 6 felony, and the victim's consent is not a legal defense. The law excludes normal athletic practices and authorized military or law enforcement training.

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.

Establish the crime of aggravated criminal entry of a motor vehicle with the intent to steal a firearm or firearm silencer, to make offenders ineligible for presumptive probation, and to provide a penalty therefor.

This bill creates a new felony crime for stealing firearms from motor vehicles, making it a Class 5 felony to break into a car and steal a gun. The bill also prevents people convicted of this new crime from receiving presumptive probation—meaning judges can't automatically give them probation and must instead consider prison time or other penalties.

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.

Establish the crime of aggravated careless driving and provide a penalty therefor.

This bill creates a new crime called "aggravated careless driving" for drivers who operate a vehicle carelessly while driving at least 20 miles per hour over the speed limit. Conviction is a Class 1 misdemeanor with a mandatory driver's license revocation of at least one year, though first-time offenders may get a limited license to drive to work, school, or counseling if they can prove financial responsibility.

Revise a provision related to unauthorized distribution of fentanyl and provide a penalty therefor.

This bill creates a new felony crime in South Dakota for distributing or possessing fentanyl in quantities of four milligrams or more, with mandatory prison sentences and fines that increase based on the amount (ranging from three years with a $50,000 fine up to 25 years with a $500,000 fine). The bill also makes conspiracy to commit this new fentanyl crime punishable the same way as the underlying offense itself, and updates related drug law provisions to reference this new crime.

Prohibit unauthorized access to certain multi-occupancy rooms.

This bill requires South Dakota public schools to designate all multi-occupancy bathrooms, changing rooms, and shower rooms for exclusive use by either females or males based on biological sex at birth. Students who do not identify with their biological sex designation must be offered access to single-occupancy unisex rooms or employee facilities as an alternative. The bill creates a new crime for unauthorized access to these designated multi-occupancy facilities.

Establish certain criminal offenses for boat operators and to provide penalties therefor.

South Dakota law will now criminalize three new boating offenses: operating a boat while impaired in a reckless manner that causes someone's death (watercraft homicide, a Class 3 felony), causing serious injury while impaired and reckless (watercraft battery, a Class 4 felony), and failing to stop and cooperate after a boating accident that injures or kills someone (a Class 6 felony). These new laws mirror existing drunk-driving crimes but apply them specifically to boat operators on the water.

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 a provision related to sexual contact with a child under eighteen.

This bill reorganizes South Dakota's law against sexual abuse of minors by an adult in a position of authority or family member, clarifying that the adult must be at least five years older than the victim. The main change consolidates the requirements into a clearer structure but doesn't alter the core crime itself—adults in authority positions or close family members still cannot engage in sexual contact with minors under eighteen.

Repeal capital punishment.

SB 119 eliminates the death penalty as a punishment option in South Dakota by changing Class A felonies from carrying a sentence of "death or life imprisonment" to a maximum sentence of life imprisonment only. This means that convicted murderers would face life in prison rather than execution.

Revise exceptions to the imposition of a Class 2 misdemeanor when no other penalty is provided by statute.

This bill narrows the list of state law titles where courts can impose a Class 2 misdemeanor penalty as a default when a statute doesn't specify a punishment for breaking the law. Specifically, it removes Title 12 from the exception, meaning violations in that title will no longer automatically result in Class 2 misdemeanor charges if no other penalty is written into the statute.

Repeal medical purpose as a defense in prosecutions involving cannabis.

This bill eliminates the medical purpose defense that currently allows people charged with cannabis crimes to argue they were using it for legitimate medical reasons. Once passed, South Dakota residents will no longer be able to use a doctor's recommendation or a qualifying medical condition as a legal defense against cannabis-related prosecutions, even if they had a valid medical need.

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.

Repeal authorization for the use of medical cannabis by a probationer or parolee.

This bill removes the current permission that allows people on probation or parole to use medical cannabis if their doctor approves it for a serious medical condition. After this bill passes, probationers and parolees will no longer be allowed to use medical cannabis, even with medical justification.

Revise and repeal provisions related to street racing prohibitions and to provide a penalty therefor.

SB 116 replaces South Dakota's street racing laws by repealing the existing prohibitions and creating new definitions and penalties for illegal racing activities like drag racing, drifting, burnouts, and doughnuts. The bill defines specific dangerous driving maneuvers—such as spinning wheels to create smoke, performing circular skids, or racing competitively on public roads—and establishes penalties for people who perform these acts.

Increase civil penalties for commercial driver violations.

This bill increases the civil penalties that South Dakota charges commercial drivers and their employers for three types of violations: exceeding weight limits, violating out-of-service orders, and other safety infractions. Specifically, the penalties go up by roughly $600–$1,200 depending on the violation type and whether it's a first or repeat offense. These higher fines are intended to encourage compliance with commercial vehicle safety regulations.

Revise provisions relating to the delivery, possession with intent to deliver, and possession of unauthorized articles in a state correctional facility, and to provide a penalty therefor.

SB59 establishes specific felony penalties for inmates caught possessing prohibited items in state prisons, including alcoholic beverages, marijuana, drugs, cell phones, and weapons—with violations ranging from Class 6 felonies (for alcohol, marijuana, and drugs) to Class 4 felonies (for cell phones and electronic devices). The bill clarifies that only items directly issued by the Department of Corrections and used according to department policy are permitted, and requires any non-prohibited drugs to be prescribed in writing by authorized medical professionals for a defined period.

Revise presumptive probation.

SB57 expands the types of felonies that must receive presumptive probation by adding numerous offenses (like certain firearm thefts and identity theft crimes) to the list of crimes that were previously excluded from the probation requirement. Courts can still impose prison time instead of probation only if they document specific aggravating circumstances on the record that pose a significant public safety risk.

Authorize the Department of Corrections to construct a prison facility for offenders committed to the Department of Corrections in Lincoln County, to make an appropriation therefor, to transfer moneys to the incarceration construction fund, and to declare an emergency.

South Dakota is authorizing the Department of Corrections to build a new prison facility in Lincoln County and appropriating $763 million from a state construction fund to pay for it, with an additional $182 million being transferred from the general fund and budget reserve to support the project. The bill also allows Lincoln County municipalities to handle sewage treatment for the new facility. This represents a major new prison construction initiative rather than a change to existing law.

Revise provisions related to human trafficking.

Modify substances listed on the controlled substances schedule and to declare an emergency.

SB 35 updates South Dakota's list of controlled substances by clarifying and expanding which opioid derivatives and fentanyl-related drugs are classified as Schedule I illegal drugs. The bill specifically adds language to cover fentanyl analogs—synthetic variations of fentanyl created by minor chemical modifications—unless they're approved pharmaceutical products or listed in another drug schedule, addressing the growing problem of designer opioids.