The amendment restructured the definition of "community safety zone" by converting it from general language into a numbered list that explicitly includes licensed day care centers, licensed group family day care homes, and registered family day care facilities as protected sites—substantially BROADENING the bill's scope to explicitly cover all types of licensed and registered child care programs rather than relying on implicit coverage. This change also converted the bill from its introduced form to its enrolled (final passed) form with standard legislative formatting.
26.701.10 26.701.11 101st Legislative Session 107 2026 South Dakota Legislature Senate Bill 107 Introduced by: Senator Nelson Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to add licensed and registered child care programs to the definition of 1 community safety zone. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-24B-22 be AMENDED: 4 22-24B-22. Terms used in §§ 22-24B-22 to 22-24B-28, inclusive, mean: 5 (1) "Community safety zone," the measurement of a straight line that creates an area 6 that lies within five hundred feet from the facilities and grounds of any school, 7 public park, public playground, domestic abuse shelter, sexual assault shelter, or 8 public pool, including of the following sites: 9 (a) A domestic abuse shelter; 10 (b) A licensed day care center, as described in subdivision 26-6-14(3); 11 (c) A licensed group family day care home, as described in subdivision 26-6-12 14(5); 13 26-6-14(5); (d) A public park, playground, or pool; 14 (e) A registered family day care, as defined by § 26-6-14.1; 15 (f) A school; or 16 (g) A sexual assault shelter. 17 The area includes the facilities and grounds of the site itself; 18 (2) "Loiter," to remain for a period of time and under circumstances that a reasonable 19 person would determine is for the primary purpose of observing or contacting 20 minors; 21 (3) "School," any public, private, denominational, or parochial school offering 22 preschool, kindergarten, or any grade from one through twelve accredited through 23 the Department of Education. This term does not apply to any facility where the 24 education of students might occur incidentally to the primary purpose of the 25 facility; and 26 26.701.10 26.701.11 2 107 Underscores indicate new language. Overstrikes indicate deleted language. SB107 ENROLLED (4) "Residence," the address a person lists for purposes of the sex offender registry 1 under subdivision 22-24B-8(3) and § 22-24B-12. 2 Section 2. That § 22-24B-23 be AMENDED: 3 22-24B-23. No person who is required to register as a sex offender pursuant to 4 this chapter may establish a residence or reside within a community safety zone unless: 5 (1) The person is incarcerated in a jail or prison or other correctional placement which 6 is located within a community safety zone; 7 (2) The person is on parole or probation and has been assigned to a halfway house or 8 supervised living center within a community safety zone; 9 (3) The person is homeless and has been admitted to a community homeless shelter 10 within a community safety zone by an appropriate community official; 11 (4) The person is placed in a health care facility licensed pursuant to chapter 34-12, 12 or certified under Title XVIII or XIX of the Social Security Act as amended to 13 December 31, 2001, or receiving services from a community service provider 14 accredited or certified by the Department of Human Services or the Department of 15 Social Services, which is located within a community safety zone; 16 (5) The person was under age eighteen at the time of the offense and the offender 17 was not tried and convicted of the offense as an adult; 18 (6) The person established and inhabited the residence as of July 1, 2024; 19 (7) The school, public park, public pool, domestic abuse shelter, sexual assault shelter, 20 or public playground site listed in subdivision 22-24B-22(1) was built or established 21 subsequent to the person's establishing residence at the location; or 22 (8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the 23 offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive. 24 A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 25 felony. 26 26.701.11 3 107 SB107 ENROLLED An Act to add licensed and registered child care programs to the definition of community safety zone. I certify that the attached Act originated in the: Senate as Bill No. 107 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 107 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