Changes to Existing Law

26.216.17 26.216.18 101st Legislative Session 1007 2026 South Dakota Legislature House Bill 1007 HOUSE ENGROSSED Introduced by: Representatives Emery, Baxter, Mortenson, Odenbach, and Odenbach Pourier and Senators Grove, Foster, Rohl, and Smith at the request of the State-Tribal Relations Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend the definition of law enforcement officer to include tribal law 1 enforcement officers. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-1-2 be AMENDED: 4 22-1-2. Terms used in this title mean: 5 (1) If applied to the intent with which an act is done or omitted: 6 (a) The words, "malice, maliciously," and all derivatives thereof import a wish 7 to intentionally vex, annoy, or injure another person, established either by 8 proof or presumption of law; 9 (b) The words, "intent, intentionally," and all derivatives thereof, import a 10 specific design to cause a certain result or, if the material part of a charge 11 is the violation of a prohibition against conduct of a certain nature, 12 regardless of what the offender intends to accomplish thereby, a specific 13 design to engage in conduct of that nature; 14 (c) The words, "knowledge, knowingly," and all derivatives thereof, import only 15 a knowledge that the facts exist which bring the act or omission within the 16 provisions of any statute. A person has knowledge if that person is aware 17 that the facts exist which bring the act or omission within the provisions of 18 any statute. Knowledge of the unlawfulness of such act or omission is not 19 required; 20 (d) The words, "reckless, recklessly," and all derivatives thereof, import a 21 conscious and unjustifiable disregard of a substantial risk that the offender's 22 conduct may cause a certain result or may be of a certain nature. A person 23 is reckless with respect to circumstances if that person consciously and 24 unjustifiably disregards a substantial risk that such circumstances may 25 exist; 26 26.216.17 26.216.18 2 1007 Underscores indicate new language. Overstrikes indicate deleted language. (e) The words, "neglect, negligently," and all words derived thereof, import a 1 want of attention to the nature or probable consequences of an act or 2 omission which a prudent person ordinarily bestows in acting in his or her 3 own concerns; 4 (f) If the section defining an offense provides that negligence suffices to 5 establish an element thereof, then recklessness, knowledge, intent, or 6 malice also constitutes sufficient culpability for such element. If 7 recklessness suffices to establish an element of the offense, then 8 knowledge, intent or malice also constitutes sufficient culpability for such 9 element. If knowledge suffices to establish an element of an offense, then 10 intent or malice also constitutes sufficient culpability for such element. If 11 intent suffices to establish an element of an offense, then malice also 12 constitutes sufficient culpability for such element; 13 (2) "Actor," the person who takes the active part in a transaction; 14 (3) "Affirmative defense," an issue involving an alleged defense to which, unless the 15 state's evidence raises the issue, the defendant, to raise the issue, must present 16 some credible evidence. If the issue involved in an affirmative defense is raised, 17 then the guilt of the defendant must be established beyond a reasonable doubt as 18 to that issue as well as all other elements of the offense; 19 (4) "Antique firearm," any firearm, including any firearm with a matchlock, flintlock, 20 percussion cap or similar type of ignition system, manufactured before 1899, and 21 any replica of any firearm described in this section if such replica is not designed 22 or redesigned for using rimfire or conventional centerfire fixed ammunition or if it 23 uses rimfire or conventional centerfire fixed ammunition which is no longer 24 manufactured in the United States and which is not readily available in the ordinary 25 channels of commercial trade; 26 (5) "Check," any check, draft, order or other commercial device which orders a 27 financial institution to pay a sum certain of money on its presentment; 28 (6) "Concealed," any firearm that is totally hidden from view. If any part of the firearm 29 is capable of being seen, it is not concealed; 30 (7) "Consideration," any type of property or thing of legal value, whether delivered in 31 the past, present or to be delivered in the future. The term includes an unfulfilled 32 promise to deliver. The term may include an advantage or benefit to the promisor 33 or a loss or detriment to the promisee. Any amount, advantage or inconvenience, 34 no matter how trifling, is sufficient to constitute consideration; 35 26.216.17 26.216.18 3 1007 Underscores indicate new language. Overstrikes indicate deleted language. (8) "Controlled weapon" includes any firearm silencer, machine gun, or short shotgun, 1 as those terms are defined in subdivisions (17), (23), and (46) of this section; 2 (9) "Crime of violence," any of the following crimes or an attempt to commit, or a 3 conspiracy to commit, or a solicitation to commit any of the following crimes: 4 murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first 5 degree, arson, kidnapping, felony sexual contact as defined in § 22-22-7, felony 6 child abuse as defined in § 26-10-1, or any other felony in the commission of which 7 the perpetrator used force, or was armed with a dangerous weapon, or used any 8 explosive or destructive device; 9 (9A) "Critical infrastructure facility," any of the following facilities, whether in operation, 10 idle, or under construction, maintenance or repair, that are enclosed by a fence or 11 other physical barrier that is obviously designed to exclude trespassers and are 12 clearly marked with a sign that is posted on the property and reasonably likely to 13 come to the attention of any trespasser that indicates that entry is forbidden, or 14 any pole or tower used for any of the purposes in this subdivision, whether enclosed 15 or marked with a sign or not: 16 (a) Electric utility facility, including a power generation facility, an electric 17 transmission facility, an electric station or substation, or any other facility 18 used to support the generation, transmission, or distribution of electricity; 19 (b) Water tower, municipal or rural water system well, water intake structure, 20 or water treatment facility; 21 (c) Natural gas utility facility, including a regulator station, a compressor 22 station, an odorization facility, a mainline valve, a natural gas storage 23 facility, or any other facility used to support the acquisition, transmission, 24 distribution, or storage of natural gas; 25 (d) Tank farm, pipeline terminal, pipeline, pump or compressor station or 26 storage facility for gasoline, crude or refined or synthetic oil, ethanol, 27 propane, liquid natural gas, or other hazardous liquid; 28 (e) Transportation facility, including a port, railroad switching yard, or trucking 29 terminal; 30 (f) Hazardous waste storage, treatment, or disposal facility; 31 (g) Oil and gas locations, facilities, and equipment, including temporary drilling 32 rigs, permanent oil and gas product facilities, and artificial lift equipment; 33 (h) Communications services facility, infrastructure or equipment involved in 34 the carriage of essential communications services for both wired and 35 26.216.17 26.216.18 4 1007 Underscores indicate new language. Overstrikes indicate deleted language. wireless communications, switching, routing, repeater/amplifier equipment 1 or other electronic equipment, macro and micro wireless towers using 2 federally licensed spectrum, video headend equipment, and satellite 3 communications receiver or transmission equipment; 4 (i) Dam that is owned by the state or a subdivision; 5 (j) Facility either(i) whose owner or operator is required to submit a risk 6 management plan under the federal Chemical Safety Information, Site 7 Security, and Fuels Regulatory Relief Act (42 U.S.C.7412(r)); or(ii) is 8 identified and regulated by the United States Department of Homeland 9 Security Chemical Facility Anti–Terrorism Standards (CFATS) program; or, 10 42 U.S.C. § 7412(r) (January 1, 2026); or 11 (k) Any construction area, pipe yard, or laydown yard for any of the above, 12 whether permanent or temporary in nature; 13 (10) "Dangerous weapon" or "deadly weapon," any firearm, stun gun, knife, or device, 14 instrument, material, or substance, whether animate or inanimate, which is 15 calculated or designed to inflict death or serious bodily harm, or by the manner in 16 which it is used is likely to inflict death or serious bodily harm; 17 (11) "Dealer in stolen property," any person who: 18 (a) Is found in possession or control of property stolen from two or more 19 persons on separate occasions; or 20 (b) Has received stolen property in another transaction within the year 21 preceding the commencement of the prosecution; or 22 (c) Trades in property similar to the type of stolen property received and 23 acquires such property for a consideration which that person knows is 24 substantially below its reasonable value; 25 (12) "Deprive," to take or to withhold property of another or to dispose of property of 26 another so as to make it unlikely that the owner will receive it; 27 (13) "Destructive device," 28 (a) Any bomb, grenade, explosive missile, or similar device or any launching 29 device therefor; or 30 (b) Any breakable container which contains a flammable liquid with a flashpoint 31 of one hundred and fifty degrees Fahrenheit or less and has a wick or similar 32 device capable of being ignited; 33 (c) The term does not include "permissible fireworks," defined by § 34-37-5; 34 any device which is neither designed nor redesigned for use as a weapon; 35 26.216.17 26.216.18 5 1007 Underscores indicate new language. Overstrikes indicate deleted language. any device, although originally designed for use as a weapon, which is 1 redesigned for use as a signaling, pyrotechnic, line throwing, safety or 2 similar device; surplus ordnance sold, loaned or given by the secretary of 3 the army pursuant to the provisions of 10 U.S.C. §§ 4684(2), 4685, or 4 4686; or any other device which is an antique or is a rifle which the owner 5 intends to use solely for sporting purposes; 6 (14) "Explosive," any substance, or combination of substances, that is used for the 7 purpose of detonation and which, upon exposure to any external or internal force 8 or condition, is capable of a relatively instantaneous release of gas and heat. The 9 term does not include "permissible fireworks," as defined by § 34-37-5; 10 (15) "Financial institution," a bank, insurance company, credit union, savings and loan 11 association, investment trust, or other organization held out to the public as a place 12 of deposit of funds or medium of savings or collective investment; 13 (16) "Firearm," any weapon from which a projectile or projectiles may be discharged by 14 gunpowder. As used in this subdivision, the term, gunpowder, includes any 15 propellant that upon oxidization emits heat and light and is commonly used in 16 firearms cartridges; 17 (17) "Firearm silencer," any instrument, attachment, weapon or appliance for causing 18 the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to 19 lessen or muffle the noise of the firing of any such weapon; 20 (18) "Government," the United States, any state, county, municipality, school district, 21 or other political unit, or any department, agency, or subdivision of any of the 22 foregoing, or any corporation or other association carrying out the functions of any 23 of the foregoing; 24 (19) "Immediate family," any spouse, child, parent, or guardian of the victim; 25 (20) "Insanity," the condition of a person temporarily or partially deprived of reason, 26 upon proof that at the time of committing the act, the person was incapable of 27 knowing its wrongfulness, but not including an abnormality manifested only by 28 repeated unlawful or antisocial behavior; 29 (21) "Intoxication," a disturbance of mental or physical capacities resulting from the 30 introduction of substances into the body. Intoxication is not, in itself, a mental 31 disease or defect; 32 (22) "Law enforcement officer," any officer, prosecutor, or employee of the state or any 33 of its political subdivisions or of the United States, or, while on duty, an agent or 34 26.216.17 26.216.18 6 1007 Underscores indicate new language. Overstrikes indicate deleted language. employee of a railroad or express company or security personnel of an airline or 1 airport, who is responsible an individual who is: 2 (a) Responsible for the prevention, detection, or prosecution of crimes, for the 3 enforcement of the criminal or highway traffic laws of the state, or for the 4 supervision of confined persons or those persons on supervised release or 5 probation and is: 6 (i) An officer, prosecutor, agent, or employee of the state or any of its 7 political subdivisions or the United States; or 8 (ii) An agent or employee of Security personnel employed by a railroad, express company, 9 airline, or 9 airport; or 10 (b) An officer, prosecutor, or employee of an Indian tribe who is assisting or 11 aiding in: 12 (i) The enforcement of the criminal or highway traffic laws of the state; 13 or 14 (ii) The prevention, detection, or prosecution of a crime committed in 15 this state; 16 (22A) "Loaded firearm," any functional firearm that contains a cartridge, shell, or 17 projectile in the chamber, including any chamber in the cylinder of a revolver; 18 (23) "Machine gun," any firearm, whatever its size and usual designation, that 19 automatically discharges two or more cartridges by a single function of the firing 20 device; 21 (24) "Mental illness," any substantial psychiatric disorder of thought, mood or behavior 22 which affects a person at the time of the commission of the offense and which 23 impairs a person's judgment, but not to the extent that the person is incapable of 24 knowing the wrongfulness of such act. Mental illness does not include abnormalities 25 manifested only by repeated criminal or otherwise antisocial conduct; 26 (25) "Moral turpitude," an act done contrary to justice, honesty, principle, or good 27 morals, as well as an act of baseness, vileness, or depravity in the private and 28 social duties which a person owes to his fellow man or to society in general; 29 (26) "Motor vehicle," any automobile, motor truck, motorcycle, house trailer, trailer 30 coach, cabin trailer, or any vehicle propelled by power other than muscular power; 31 (27) "Obtain," 32 (a) In relation to property, to bring about a transfer or purported transfer of a 33 legal interest in the property, whether to the actor or another; or 34 (b) In relation to labor or service, to secure performance thereof; 35 26.216.17 26.216.18 7 1007 Underscores indicate new language. Overstrikes indicate deleted language. (28) "Occupied structure," any structure: 1 (a) Which is the permanent or temporary habitation of any person, whether or 2 not any person is actually present; 3 (b) Which at the time is specially adapted for the overnight accommodation of 4 any person, whether or not any person is actually present; or 5 (c) In which at the time any person is present; 6 (29) "Offense" or "public offense," any crime, petty offense, violation of a city or county 7 ordinance, or act prohibited by state or federal law; 8 (30) "Pass," to utter, publish or sell or to put or send forth into circulation. The term 9 includes any delivery of a check to another for value with intent that it shall be put 10 into circulation as money; 11 (31) "Person," any natural person, unborn child, association, limited liability company, 12 corporation, firm, organization, partnership, or society. If the term is used to 13 designate a party whose property may be the subject of a crime or petty offense, 14 it also includes the United States, any other country, this state, and any other state 15 or territory of the United States, and any of their political subdivisions, agencies, 16 or corporations; 17 (32) "Pistol," any firearm with a barrel less than sixteen inches in length, designed to 18 expel a projectile or projectiles by the action of an explosive; 19 (33) "Private place," a place where one may reasonably expect to be safe from casual 20 or hostile intrusion or surveillance, but does not include a place to which the public 21 or a substantial group thereof has access; 22 (34) "Process," any writ, warrant, summons, or order issued in the course of judicial 23 proceedings; 24 (35) "Property," anything of value, including, but not limited to, motor vehicles, real 25 estate, tangible and intangible personal property, contract rights, choses-in-action, 26 and other interests in or claims to wealth, admission or transportation tickets, 27 captured or domestic animals, food and drink, electric or other power, services, 28 and signatures which purport to create, maintain, or extinguish any legal 29 obligation; 30 (36) "Property of another," property in which any person other than the actor has an 31 interest upon which the actor is not privileged to infringe, regardless of the fact 32 that the actor also has an interest in the property and regardless of the fact that 33 the other person might be precluded from civil recovery because the property was 34 used in an unlawful transaction or was subject to forfeiture as contraband. Property 35 26.216.17 26.216.18 8 1007 Underscores indicate new language. Overstrikes indicate deleted language. in possession of an actor may not be deemed property of another who has only a 1 security interest therein, even if legal title is in the creditor pursuant to a 2 conditional sales contract or other security agreement; 3 (37) "Public employee," any person employed by the state or any of its political 4 subdivisions, who is not a public officer; 5 (38) "Public office," the position held by a public officer or employee; 6 (39) "Public officer," any person who holds a position in the state government or in any 7 of its political subdivisions, by election or appointment, for a definite period, whose 8 duties are fixed by law, and who is invested with some portion of the sovereign 9 functions of government; 10 (40) "Public record," any official book, paper, or record created, received, or used by or 11 in any office or agency of the state or of any of its political subdivisions; 12 (41) "Publish," to disseminate, circulate or place before the public in any way, other 13 than by speech which is not mechanically or electronically amplified; 14 (42) "Receive," to acquire possession, control or title, or to lend or borrow on the 15 security of the property; 16 (43) "Service," labor that does not include a tangible commodity. The term includes, 17 but is not limited to: labor; professional advice; telephone, cable television and 18 other utility service; accommodations in hotels, restaurants or elsewhere; 19 admissions to exhibits and entertainments; the use of machines designed to be 20 operated by coin or other thing of value; and the use of rental property; 21 (44) "Seller," any person or employee engaged in the business of selling pistols at retail; 22 (44A) "Serious bodily injury," such injury as is grave and not trivial, and gives rise to 23 apprehension of danger to life, health, or limb; 24 (45) "Short rifle," any rifle having a barrel less than sixteen inches long, or an overall 25 length of less than twenty-six inches; 26 (46) "Short shotgun," any shotgun having a barrel less than eighteen inches long or an 27 overall length of less than twenty-six inches; 28 (47) "Signature," any name, mark or sign written with intent to authenticate any 29 instrument or writing; 30 (48) Deleted by SL 2005, ch 120, § 357; 31 (49) "Structure," any house, building, outbuilding, motor vehicle, watercraft, aircraft, 32 railroad car, trailer, tent, or other edifice, vehicle or shelter, or any portion thereof; 33 26.216.17 26.216.18 9 1007 Underscores indicate new language. Overstrikes indicate deleted language. (50) "Stun gun," any battery-powered, pulsed electrical device of high voltage and low 1 or no amperage that can disrupt the central nervous system and cause temporary 2 loss of voluntary muscle control of a person; 3 (50A) "Unborn child," an individual organism of the species homo sapiens from 4 fertilization until live birth; 5 (51) "Unoccupied structure," any structure which is not an occupied structure; 6 (52) "Vessel," if used with reference to shipping, any ship of any kind and every 7 structure adapted to be navigated from place to place; 8 (53) "Victim," any natural person against whom the defendant in a criminal prosecution 9 has committed or attempted to commit a crime; 10 (54) "Voluntary intoxication," intoxication caused by substances that an actor knowingly 11 introduces into his or her body, the tendency of which is to cause intoxication; and 12 (55) "Written instrument," any paper, document, or other instrument containing written 13 or printed matter or the equivalent thereof, used for purposes of reciting, 14 embodying, conveying, or recording information, and any money, credit card, 15 token, stamp, seal, badge, trade mark, service mark or any evidence or symbol of 16 value, right, privilege or identification, which is capable of being used to the 17 advantage or disadvantage of some person. 18

26.216.18 26.216.19 101st Legislative Session 1007 2026 South Dakota Legislature House Bill 1007 HOUSE ENGROSSED Introduced by: Representatives Emery, Baxter, Mortenson, Odenbach, and Pourier and Senators Grove, Foster, Rohl, and Smith at the request of the State-Tribal Relations Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to amend the definition of law enforcement officer to include tribal law 1 enforcement officers. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-1-2 be AMENDED: 4 22-1-2. Terms used in this title mean: 5 (1) If applied to the intent with which an act is done or omitted: 6 (a) The words, "malice, maliciously," and all derivatives thereof import a wish 7 to intentionally vex, annoy, or injure another person, established either by 8 proof or presumption of law; 9 (b) The words, "intent, intentionally," and all derivatives thereof, import a 10 specific design to cause a certain result or, if the material part of a charge 11 is the violation of a prohibition against conduct of a certain nature, 12 regardless of what the offender intends to accomplish thereby, a specific 13 design to engage in conduct of that nature; 14 (c) The words, "knowledge, knowingly," and all derivatives thereof, import only 15 a knowledge that the facts exist which bring the act or omission within the 16 provisions of any statute. A person has knowledge if that person is aware 17 that the facts exist which bring the act or omission within the provisions of 18 any statute. Knowledge of the unlawfulness of such act or omission is not 19 required; 20 (d) The words, "reckless, recklessly," and all derivatives thereof, import a 21 conscious and unjustifiable disregard of a substantial risk that the offender's 22 conduct may cause a certain result or may be of a certain nature. A person 23 is reckless with respect to circumstances if that person consciously and 24 unjustifiably disregards a substantial risk that such circumstances may 25 exist; 26 26.216.18 26.216.19 2 1007 Underscores indicate new language. Overstrikes indicate deleted language. HB1007 ENROLLED (e) The words, "neglect, negligently," and all words derived thereof, import a 1 want of attention to the nature or probable consequences of an act or 2 omission which a prudent person ordinarily bestows in acting in his or her 3 own concerns; 4 (f) If the section defining an offense provides that negligence suffices to 5 establish an element thereof, then recklessness, knowledge, intent, or 6 malice also constitutes sufficient culpability for such element. If 7 recklessness suffices to establish an element of the offense, then 8 knowledge, intent or malice also constitutes sufficient culpability for such 9 element. If knowledge suffices to establish an element of an offense, then 10 intent or malice also constitutes sufficient culpability for such element. If 11 intent suffices to establish an element of an offense, then malice also 12 constitutes sufficient culpability for such element; 13 (2) "Actor," the person who takes the active part in a transaction; 14 (3) "Affirmative defense," an issue involving an alleged defense to which, unless the 15 state's evidence raises the issue, the defendant, to raise the issue, must present 16 some credible evidence. If the issue involved in an affirmative defense is raised, 17 then the guilt of the defendant must be established beyond a reasonable doubt as 18 to that issue as well as all other elements of the offense; 19 (4) "Antique firearm," any firearm, including any firearm with a matchlock, flintlock, 20 percussion cap or similar type of ignition system, manufactured before 1899, and 21 any replica of any firearm described in this section if such replica is not designed 22 or redesigned for using rimfire or conventional centerfire fixed ammunition or if it 23 uses rimfire or conventional centerfire fixed ammunition which is no longer 24 manufactured in the United States and which is not readily available in the ordinary 25 channels of commercial trade; 26 (5) "Check," any check, draft, order or other commercial device which orders a 27 financial institution to pay a sum certain of money on its presentment; 28 (6) "Concealed," any firearm that is totally hidden from view. If any part of the firearm 29 is capable of being seen, it is not concealed; 30 (7) "Consideration," any type of property or thing of legal value, whether delivered in 31 the past, present or to be delivered in the future. The term includes an unfulfilled 32 promise to deliver. The term may include an advantage or benefit to the promisor 33 or a loss or detriment to the promisee. Any amount, advantage or inconvenience, 34 no matter how trifling, is sufficient to constitute consideration; 35 26.216.18 26.216.19 3 1007 Underscores indicate new language. Overstrikes indicate deleted language. HB1007 ENROLLED (8) "Controlled weapon" includes any firearm silencer, machine gun, or short shotgun, 1 as those terms are defined in subdivisions (17), (23), and (46) of this section; 2 (9) "Crime of violence," any of the following crimes or an attempt to commit, or a 3 conspiracy to commit, or a solicitation to commit any of the following crimes: 4 murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first 5 degree, arson, kidnapping, felony sexual contact as defined in § 22-22-7, felony 6 child abuse as defined in § 26-10-1, or any other felony in the commission of which 7 the perpetrator used force, or was armed with a dangerous weapon, or used any 8 explosive or destructive device; 9 (9A) "Critical infrastructure facility," any of the following facilities, whether in operation, 10 idle, or under construction, maintenance or repair, that are enclosed by a fence or 11 other physical barrier that is obviously designed to exclude trespassers and are 12 clearly marked with a sign that is posted on the property and reasonably likely to 13 come to the attention of any trespasser that indicates that entry is forbidden, or 14 any pole or tower used for any of the purposes in this subdivision, whether enclosed 15 or marked with a sign or not: 16 (a) Electric utility facility, including a power generation facility, an electric 17 transmission facility, an electric station or substation, or any other facility 18 used to support the generation, transmission, or distribution of electricity; 19 (b) Water tower, municipal or rural water system well, water intake structure, 20 or water treatment facility; 21 (c) Natural gas utility facility, including a regulator station, a compressor 22 station, an odorization facility, a mainline valve, a natural gas storage 23 facility, or any other facility used to support the acquisition, transmission, 24 distribution, or storage of natural gas; 25 (d) Tank farm, pipeline terminal, pipeline, pump or compressor station or 26 storage facility for gasoline, crude or refined or synthetic oil, ethanol, 27 propane, liquid natural gas, or other hazardous liquid; 28 (e) Transportation facility, including a port, railroad switching yard, or trucking 29 terminal; 30 (f) Hazardous waste storage, treatment, or disposal facility; 31 (g) Oil and gas locations, facilities, and equipment, including temporary drilling 32 rigs, permanent oil and gas product facilities, and artificial lift equipment; 33 (h) Communications services facility, infrastructure or equipment involved in 34 the carriage of essential communications services for both wired and 35 26.216.18 26.216.19 4 1007 Underscores indicate new language. Overstrikes indicate deleted language. HB1007 ENROLLED wireless communications, switching, routing, repeater/amplifier equipment 1 or other electronic equipment, macro and micro wireless towers using 2 federally licensed spectrum, video headend equipment, and satellite 3 communications receiver or transmission equipment; 4 (i) Dam that is owned by the state or a subdivision; 5 (j) Facility either(i) whose owner or operator is required to submit a risk 6 management plan under the federal Chemical Safety Information, Site 7 Security, Security and Fuels Regulatory Relief Act (42 U.S.C.7412(r)); or(ii) is 8 identified and regulated by the United States Department of Homeland 9 Security Chemical Facility Anti–Terrorism Standards (CFATS) program; or, 10 Act, 42 U.S.C. § 7412(r) (January 1, 2026); or 11 (k) Any construction area, pipe yard, or laydown yard for any of the above, 12 whether permanent or temporary in nature; 13 (10) "Dangerous weapon" or "deadly weapon," any firearm, stun gun, knife, or device, 14 instrument, material, or substance, whether animate or inanimate, which is 15 calculated or designed to inflict death or serious bodily harm, or by the manner in 16 which it is used is likely to inflict death or serious bodily harm; 17 (11) "Dealer in stolen property," any person who: 18 (a) Is found in possession or control of property stolen from two or more 19 persons on separate occasions; or 20 (b) Has received stolen property in another transaction within the year 21 preceding the commencement of the prosecution; or 22 (c) Trades in property similar to the type of stolen property received and 23 acquires such property for a consideration which that person knows is 24 substantially below its reasonable value; 25 (12) "Deprive," to take or to withhold property of another or to dispose of property of 26 another so as to make it unlikely that the owner will receive it; 27 (13) "Destructive device," 28 (a) Any bomb, grenade, explosive missile, or similar device or any launching 29 device therefor; or 30 (b) Any breakable container which contains a flammable liquid with a flashpoint 31 of one hundred and fifty degrees Fahrenheit or less and has a wick or similar 32 device capable of being ignited; 33 (c) The term does not include "permissible fireworks," defined by § 34-37-5; 34 any device which is neither designed nor redesigned for use as a weapon; 35 26.216.18 5 1007 Underscores indicate new language. Overstrikes indicate deleted language. any device, although originally designed for use as a weapon, which is 1 redesigned for use as a signaling, pyrotechnic, line throwing, safety or 2 similar device; surplus ordnance sold, loaned or given by the secretary of 3 26.216.19 5 1007 HB1007 ENROLLED the army pursuant to the provisions of 10 U.S.C. §§ 4684(2), 4685, or 4 4686; or any other device which is an antique or is a rifle which the owner 5 intends to use solely for sporting purposes; 6 (14) "Explosive," any substance, or combination of substances, that is used for the 7 purpose of detonation and which, upon exposure to any external or internal force 8 or condition, is capable of a relatively instantaneous release of gas and heat. The 9 term does not include "permissible fireworks," as defined by § 34-37-5; 10 (15) "Financial institution," a bank, insurance company, credit union, savings and loan 11 association, investment trust, or other organization held out to the public as a place 12 of deposit of funds or medium of savings or collective investment; 13 (16) "Firearm," any weapon from which a projectile or projectiles may be discharged by 14 gunpowder. As used in this subdivision, the term, gunpowder, includes any 15 propellant that upon oxidization emits heat and light and is commonly used in 16 firearms cartridges; 17 (17) "Firearm silencer," any instrument, attachment, weapon or appliance for causing 18 the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to 19 lessen or muffle the noise of the firing of any such weapon; 20 (18) "Government," the United States, any state, county, municipality, school district, 21 or other political unit, or any department, agency, or subdivision of any of the 22 foregoing, or any corporation or other association carrying out the functions of any 23 of the foregoing; 24 (19) "Immediate family," any spouse, child, parent, or guardian of the victim; 25 (20) "Insanity," the condition of a person temporarily or partially deprived of reason, 26 upon proof that at the time of committing the act, the person was incapable of 27 knowing its wrongfulness, but not including an abnormality manifested only by 28 repeated unlawful or antisocial behavior; 29 (21) "Intoxication," a disturbance of mental or physical capacities resulting from the 30 introduction of substances into the body. Intoxication is not, in itself, a mental 31 disease or defect; 32 (22) "Law enforcement officer," any officer, prosecutor, or employee of the state or any 33 of its political subdivisions or of the United States, or, while on duty, an agent or 34 26.216.18 6 1007 Underscores indicate new language. Overstrikes indicate deleted language. employee of a railroad or express company or security personnel of an airline or 1 airport, who is responsible an individual who is: 2 (a) Responsible for the prevention, detection, or prosecution of crimes, for the 3 enforcement of the criminal or highway traffic laws of the state, or for the 4 supervision of confined persons or those persons on supervised release or 5 probation and is: 26.216.19 6 1007 HB1007 ENROLLED (i) An officer, prosecutor, agent, or employee of the state or any of its 7 political subdivisions or the United States; or 8 (ii) Security personnel employed by a railroad, express company, 9 airline, or airport; or 10 (b) An officer, prosecutor, or employee of an Indian tribe who is assisting or 11 aiding in: 12 (i) The enforcement of the criminal or highway traffic laws of the state; 13 or 14 (ii) The prevention, detection, or prosecution of a crime committed in 15 this state; 16 (22A) "Loaded firearm," any functional firearm that contains a cartridge, shell, or 17 projectile in the chamber, including any chamber in the cylinder of a revolver; 18 (23) "Machine gun," any firearm, whatever its size and usual designation, that 19 automatically discharges two or more cartridges by a single function of the firing 20 device; 21 (24) "Mental illness," any substantial psychiatric disorder of thought, mood or behavior 22 which affects a person at the time of the commission of the offense and which 23 impairs a person's judgment, but not to the extent that the person is incapable of 24 knowing the wrongfulness of such act. Mental illness does not include abnormalities 25 manifested only by repeated criminal or otherwise antisocial conduct; 26 (25) "Moral turpitude," an act done contrary to justice, honesty, principle, or good 27 morals, as well as an act of baseness, vileness, or depravity in the private and 28 social duties which a person owes to his fellow man or to society in general; 29 (26) "Motor vehicle," any automobile, motor truck, motorcycle, house trailer, trailer 30 coach, cabin trailer, or any vehicle propelled by power other than muscular power; 31 (27) "Obtain," 32 (a) In relation to property, to bring about a transfer or purported transfer of a 33 legal interest in the property, whether to the actor or another; or 34 (b) In relation to labor or service, to secure performance thereof; 35 26.216.18 7 1007 Underscores indicate new language. Overstrikes indicate deleted language. (28) "Occupied structure," any structure: 1 (a) Which is the permanent or temporary habitation of any person, whether or 2 not any person is actually present; 3 (b) Which at the time is specially adapted for the overnight accommodation of 4 any person, whether or not any person is actually present; or 5 (c) In which at the time any person is present; 6 26.216.19 7 1007 HB1007 ENROLLED (29) "Offense" or "public offense," any crime, petty offense, violation of a city or county 7 ordinance, or act prohibited by state or federal law; 8 (30) "Pass," to utter, publish or sell or to put or send forth into circulation. The term 9 includes any delivery of a check to another for value with intent that it shall be put 10 into circulation as money; 11 (31) "Person," any natural person, unborn child, association, limited liability company, 12 corporation, firm, organization, partnership, or society. If the term is used to 13 designate a party whose property may be the subject of a crime or petty offense, 14 it also includes the United States, any other country, this state, and any other state 15 or territory of the United States, and any of their political subdivisions, agencies, 16 or corporations; 17 (32) "Pistol," any firearm with a barrel less than sixteen inches in length, designed to 18 expel a projectile or projectiles by the action of an explosive; 19 (33) "Private place," a place where one may reasonably expect to be safe from casual 20 or hostile intrusion or surveillance, but does not include a place to which the public 21 or a substantial group thereof has access; 22 (34) "Process," any writ, warrant, summons, or order issued in the course of judicial 23 proceedings; 24 (35) "Property," anything of value, including, but not limited to, motor vehicles, real 25 estate, tangible and intangible personal property, contract rights, choses-in-action, 26 and other interests in or claims to wealth, admission or transportation tickets, 27 captured or domestic animals, food and drink, electric or other power, services, 28 and signatures which purport to create, maintain, or extinguish any legal 29 obligation; 30 (36) "Property of another," property in which any person other than the actor has an 31 interest upon which the actor is not privileged to infringe, regardless of the fact 32 that the actor also has an interest in the property and regardless of the fact that 33 the other person might be precluded from civil recovery because the property was 34 used in an unlawful transaction or was subject to forfeiture as contraband. Property 35 26.216.18 8 1007 Underscores indicate new language. Overstrikes indicate deleted language. in possession of an actor may not be deemed property of another who has only a 1 security interest therein, even if legal title is in the creditor pursuant to a 2 conditional sales contract or other security agreement; 3 (37) "Public employee," any person employed by the state or any of its political 4 subdivisions, who is not a public officer; 5 (38) "Public office," the position held by a public officer or employee; 6 26.216.19 8 1007 HB1007 ENROLLED (39) "Public officer," any person who holds a position in the state government or in any 7 of its political subdivisions, by election or appointment, for a definite period, whose 8 duties are fixed by law, and who is invested with some portion of the sovereign 9 functions of government; 10 (40) "Public record," any official book, paper, or record created, received, or used by or 11 in any office or agency of the state or of any of its political subdivisions; 12 (41) "Publish," to disseminate, circulate or place before the public in any way, other 13 than by speech which is not mechanically or electronically amplified; 14 (42) "Receive," to acquire possession, control or title, or to lend or borrow on the 15 security of the property; 16 (43) "Service," labor that does not include a tangible commodity. The term includes, 17 but is not limited to: labor; professional advice; telephone, cable television and 18 other utility service; accommodations in hotels, restaurants or elsewhere; 19 admissions to exhibits and entertainments; the use of machines designed to be 20 operated by coin or other thing of value; and the use of rental property; 21 (44) "Seller," any person or employee engaged in the business of selling pistols at retail; 22 (44A) "Serious bodily injury," such injury as is grave and not trivial, and gives rise to 23 apprehension of danger to life, health, or limb; 24 (45) "Short rifle," any rifle having a barrel less than sixteen inches long, or an overall 25 length of less than twenty-six inches; 26 (46) "Short shotgun," any shotgun having a barrel less than eighteen inches long or an 27 overall length of less than twenty-six inches; 28 (47) "Signature," any name, mark or sign written with intent to authenticate any 29 instrument or writing; 30 (48) Deleted by SL 2005, ch 120, § 357; 31 (49) "Structure," any house, building, outbuilding, motor vehicle, watercraft, aircraft, 32 railroad car, trailer, tent, or other edifice, vehicle or shelter, or any portion thereof; 33 26.216.18 9 1007 Underscores indicate new language. Overstrikes indicate deleted language. (50) "Stun gun," any battery-powered, pulsed electrical device of high voltage and low 1 or no amperage that can disrupt the central nervous system and cause temporary 2 loss of voluntary muscle control of a person; 3 (50A) "Unborn child," an individual organism of the species homo sapiens from 4 fertilization until live birth; 5 (51) "Unoccupied structure," any structure which is not an occupied structure; 6 (52) "Vessel," if used with reference to shipping, any ship of any kind and every 7 structure adapted to be navigated from place to place; 8 26.216.19 9 1007 HB1007 ENROLLED (53) "Victim," any natural person against whom the defendant in a criminal prosecution 9 has committed or attempted to commit a crime; 10 (54) "Voluntary intoxication," intoxication caused by substances that an actor knowingly 11 introduces into his or her body, the tendency of which is to cause intoxication; and 12 (55) "Written instrument," any paper, document, or other instrument containing written 13 or printed matter or the equivalent thereof, used for purposes of reciting, 14 embodying, conveying, or recording information, and any money, credit card, 15 token, stamp, seal, badge, trade mark, service mark or any evidence or symbol of 16 value, right, privilege or identification, which is capable of being used to the 17 advantage or disadvantage of some person. 18 26.216.19 10 1007 HB1007 ENROLLED An Act to amend the definition of law enforcement officer to include tribal law enforcement officers. I certify that the attached Act originated in the: House as Bill No. 1007 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1007 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State