The amendment changed the grandfathering date for sex offenders residing in community safety zones that include schools, parks, playgrounds, or pools from July 1, 2024 to July 1, 2006, significantly extending the window for offenders who established residences before the restriction took effect. This WEAKENS the bill's original restrictions by allowing offenders who established residences much earlier to remain in those locations.
26.697.10 26.697.11 101st Legislative Session 1076 2026 South Dakota Legislature House Bill 1076 HOUSE JUDICIARY ENGROSSED Introduced by: Representative Gosch Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise restrictions on residence within a community safety zone and to 1 declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-24B-23 be AMENDED: 4 22-24B-23. No person who is required to register as a sex offender pursuant to 5 this chapter may establish a residence or reside within a community safety zone unless: 6 (1) The person is incarcerated in a jail or prison or other correctional placement which 7 is located within a community safety zone; 8 (2) The person is on parole or probation and has been assigned to a halfway house or 9 supervised living center within a community safety zone; 10 (3) The person is homeless and has been admitted to a community homeless shelter 11 within a community safety zone by an appropriate community official; 12 (4) The person is placed in a health care facility licensed pursuant to chapter 34-12, 13 or certified under Title XVIII or XIX of the Social Security Act as amended to 14 December 31, 2001, or receiving services from a community service provider 15 accredited or certified by the Department of Human Services or the Department of 16 Social Services, which is located within a community safety zone; 17 (5) The person was under age eighteen at the time of the offense and the offender 18 was not tried and convicted of the offense as an adult; 19 (6) The person established and inhabited the residence as of: 20 (a) July 1, 2024 2006, if the community safety zone includes a school, public 21 park, public playground, or public pool; or 22 (b) July 1, 2024, if the community safety zone includes a domestic abuse 23 shelter or sexual assault shelter; 24 26.697.10 26.697.11 2 1076 Underscores indicate new language. Overstrikes indicate deleted language. HB1076 ENROLLED (7) The school, public park, public pool, domestic abuse shelter, sexual assault shelter, 1 or public playground was built or established subsequent to the person's 2 establishing residence at the location; or 3 (8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the 4 offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive. 5 A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 6 felony. 7 Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, 8 health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force 9 and effect from and after its passage and approval. 10 26.697.11 3 1076 HB1076 ENROLLED An Act to revise restrictions on residence within a community safety zone and to declare an emergency. I certify that the attached Act originated in the: House as Bill No. 1076 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. 1076 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