Changes to Existing Law

26.459.10 26.459.11 101st Legislative Session 44 2026 South Dakota Legislature Senate Bill 44 SENATE JUDICIARY ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Attorney General Underscores indicate new language. Overstrikes indicate deleted language. An Act to establish investigative subpoena authority to gather business records in 1 certain investigations. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 1-11: 4 Terms used in this Act mean: 5 (1) "Investigative subpoena," a written demand issued by the attorney general or the 6 attorney general's designee, after judicial approval, requiring the production of 7 business records relevant to an official criminal investigation; 8 (2) "Provider," any: 9 (a) Electronic communication service that provides users with the ability to 10 send or receive wire or electronic communications; 11 (b) Electronic service provider that offers users the ability to send or receive 12 wire or electronic communications, or to process or store data by means of 13 an electronic communication system; 14 (c) Internet service provider engaged in the business of providing computer 15 access or internet connectivity to the public or to subscribers; 16 (d) Remote computing service that provides computer storage or processing 17 services to the public, by means of an electronic communications system; 18 or 19 (e) Telecommunications carrier that provides telecommunications services; and 20 (3) "Reasonable cause," a belief based on specific and articulable facts that the 21 business records sought are relevant and material to an active criminal 22 investigation. 23 Section 2. That a NEW SECTION be added to chapter 1-11: 24 26.459.10 26.459.11 2 44 Underscores indicate new language. Overstrikes indicate deleted language. In any criminal investigation conducted by the Division of Criminal Investigation 1 involving a state offense related to internet crimes against children or human trafficking, 2 the attorney general or the attorney general's designee may apply to a magistrate judge 3 or circuit judge of Hughes County for judicial approval to issue an investigative subpoena. 4 The attorney general or the attorney general's designee shall submit to the judge a written 5 application demonstrating reasonable cause to believe the business records of a provider 6 are material to an active criminal investigation. 7 Section 3. That a NEW SECTION be added to chapter 1-11: 8 Any magistrate judge or circuit court judge of Hughes County has statewide 9 authority to review, approve, and issue an investigative subpoena, regardless of: 10 (1) The county or judicial circuit in which the criminal investigation originates; 11 (2) The location of the business records sought or the provider to be subpoenaed; or 12 (3) The location where the investigative subpoena will be served or enforced. 13 Section 4. That a NEW SECTION be added to chapter 1-11: 14 A magistrate judge or circuit court judge shall may approve an investigative subpoena 15 upon finding that the application submitted pursuant to section 2 of this Act establishes 16 reasonable cause to believe the business records of a provider are material to an active 17 criminal investigation. Judicial approval may be provided by written order or by signature 18 on the investigative subpoena. 19 An investigative subpoena approved pursuant to this section is enforceable 20 anywhere in this state and has the same force and effect as any subpoena issued under 21 the laws of this state. 22 Section 5. That a NEW SECTION be added to chapter 1-11: 23 Upon judicial approval, the attorney general or the attorney general's designee 24 may issue and serve the investigative subpoena compelling the production of any of the 25 following business records: 26 (1) Subscriber information; 27 (2) Account holder name; 28 (3) Billing and service address; 29 (4) Account status; 30 (5) Telephone number; 31 26.459.10 26.459.11 3 44 Underscores indicate new language. Overstrikes indicate deleted language. (6) Device information and device identifiers; 1 (7) Email address; 2 (8) Internet username; 3 (9) Internet protocol address and any temporarily assigned address; 4 (10) Method of access to the internet; and 5 (11) Automatic number identification records, if access is by modem. 6 Section 6. That a NEW SECTION be added to chapter 1-11: 7 A provider served with an investigative subpoena shall produce the business 8 records required by the subpoena. The provider may not provide notice to the account 9 holder, customer, or subscriber whose records are sought. sought if such a prohibition is contained 10 within the investigative subpoena. 11 Section 7. That a NEW SECTION be added to chapter 1-11: 11 12 If a provider refuses to comply with an investigative subpoena, the attorney 12 13 general or the attorney general's designee may apply to a court of competent jurisdiction 13 14 for an order compelling compliance. 14 15 Section 8. That a NEW SECTION be added to chapter 1-11: 15 16 Any business record obtained pursuant to an investigative subpoena must be used 16 17 solely for official law enforcement purposes and may not be disclosed except as necessary 17 18 to carry out a criminal investigation or a prosecution, or as otherwise required by law. 18 19 In examining business records obtained pursuant to an investigative subpoena, the 19 20 attorney general or the attorney general's designee shall take all reasonable steps to 20 21 safeguard the privacy rights of an individual and avoid unnecessary disclosure of personal 21 22 information concerning any identified person. 22 23 Section 9. That a NEW SECTION be added to chapter 1-11: 23 24 No cause of action lies in any court against a provider, or any agent, employee, or 24 25 officer of the provider, for providing assistance, information, or facilities in accordance 25 26 with the terms of an investigative subpoena. 26 27

26.459.11 26.459.12 101st Legislative Session 44 2026 South Dakota Legislature Senate Bill 44 SENATE JUDICIARY ENGROSSED Introduced by: The Chair of the Committee on Judiciary at the request of the Attorney General Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to establish investigative subpoena authority to gather business records in 1 certain investigations. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 1-11: 4 Terms used in this Act mean: 5 (1) "Investigative subpoena," a written demand issued by the attorney general or the 6 attorney general's designee, after judicial approval, requiring the production of 7 business records relevant to an official criminal investigation; 8 (2) "Provider," any: 9 (a) Electronic communication service that provides users with the ability to 10 send or receive wire or electronic communications; 11 (b) Electronic service provider that offers users the ability to send or receive 12 wire or electronic communications, or to process or store data by means of 13 an electronic communication system; 14 (c) Internet service provider engaged in the business of providing computer 15 access or internet connectivity to the public or to subscribers; 16 (d) Remote computing service that provides computer storage or processing 17 services to the public, by means of an electronic communications system; 18 or 19 (e) Telecommunications carrier that provides telecommunications services; and 20 (3) "Reasonable cause," a belief based on specific and articulable facts that the 21 business records sought are relevant and material to an active criminal 22 investigation. 23 Section 2. That a NEW SECTION be added to chapter 1-11: 24 26.459.11 26.459.12 2 44 Underscores indicate new language. Overstrikes indicate deleted language. SB44 ENROLLED In any criminal investigation conducted by the Division of Criminal Investigation 1 involving a state offense related to internet crimes against children or human trafficking, 2 the attorney general or the attorney general's designee may apply to a magistrate judge 3 or circuit judge of Hughes County for judicial approval to issue an investigative subpoena. 4 The attorney general or the attorney general's designee shall submit to the judge a written 5 application demonstrating reasonable cause to believe the business records of a provider 6 are material to an active criminal investigation. 7 Section 3. That a NEW SECTION be added to chapter 1-11: 8 Any magistrate judge or circuit court judge of Hughes County has statewide 9 authority to review, approve, and issue an investigative subpoena, regardless of: 10 (1) The county or judicial circuit in which the criminal investigation originates; 11 (2) The location of the business records sought or the provider to be subpoenaed; or 12 (3) The location where the investigative subpoena will be served or enforced. 13 Section 4. That a NEW SECTION be added to chapter 1-11: 14 A magistrate judge or circuit court judge may approve an investigative subpoena 15 upon finding that the application submitted pursuant to section 2 of this Act establishes 16 reasonable cause to believe the business records of a provider are material to an active 17 criminal investigation. Judicial approval may be provided by written order or by signature 18 on the investigative subpoena. 19 An investigative subpoena approved pursuant to this section is enforceable 20 anywhere in this state and has the same force and effect as any subpoena issued under 21 the laws of this state. 22 Section 5. That a NEW SECTION be added to chapter 1-11: 23 Upon judicial approval, the attorney general or the attorney general's designee 24 may issue and serve the investigative subpoena compelling the production of any of the 25 following business records: 26 (1) Subscriber information; 27 (2) Account holder name; 28 (3) Billing and service address; 29 (4) Account status; 30 (5) Telephone number; 31 26.459.11 26.459.12 3 44 Underscores indicate new language. Overstrikes indicate deleted language. SB44 ENROLLED (6) Device information and device identifiers; 1 (7) Email address; 2 (8) Internet username; 3 (9) Internet protocol address and any temporarily assigned address; 4 (10) Method of access to the internet; and 5 (11) Automatic number identification records, if access is by modem. 6 Section 6. That a NEW SECTION be added to chapter 1-11: 7 A provider served with an investigative subpoena shall produce the business 8 records required by the subpoena. The provider may not provide notice to the account 9 holder, customer, or subscriber whose records are sought if such a prohibition is contained 10 within the investigative subpoena. 11 Section 7. That a NEW SECTION be added to chapter 1-11: 12 If a provider refuses to comply with an investigative subpoena, the attorney 13 general or the attorney general's designee may apply to a court of competent jurisdiction 14 for an order compelling compliance. 15 Section 8. That a NEW SECTION be added to chapter 1-11: 16 Any business record obtained pursuant to an investigative subpoena must be used 17 solely for official law enforcement purposes and may not be disclosed except as necessary 18 to carry out a criminal investigation or a prosecution, or as otherwise required by law. 19 In examining business records obtained pursuant to an investigative subpoena, the 20 attorney general or the attorney general's designee shall take all reasonable steps to 21 safeguard the privacy rights of an individual and avoid unnecessary disclosure of personal 22 information concerning any identified person. 23 Section 9. That a NEW SECTION be added to chapter 1-11: 24 No cause of action lies in any court against a provider, or any agent, employee, or 25 officer of the provider, for providing assistance, information, or facilities in accordance 26 with the terms of an investigative subpoena. 27 26.459.12 4 44 SB44 ENROLLED An Act to establish investigative subpoena authority to gather business records in certain investigations. I certify that the attached Act originated in the: Senate as Bill No. 44 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. 44 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