Search Bills

establish investigative subpoena authority to gather business records in certain investigations.

South Dakota's Attorney General can now obtain an investigative subpoena from a judge to demand business records from internet and telecommunications companies during investigations into internet crimes against children or human trafficking. The Attorney General must show a judge there is reasonable cause to believe the records are relevant to an active criminal investigation before issuing the subpoena. This creates a new legal tool for gathering evidence from providers like email services, internet providers, and phone companies in these specific types of criminal cases.

limit the liability of law enforcement officers and others when removing a disabled vehicle from a highway, a right of way, or public waters.

This bill protects law enforcement officers, highway patrol agents, and towing companies from liability when they remove disabled or obstructed vehicles from highways and public areas—meaning the vehicle owner generally cannot sue them for damage to the vehicle unless the officers act with gross negligence or willful misconduct. The vehicle owner remains responsible for paying all removal costs. This creates a legal safe harbor for officials who need to quickly clear roads of hazardous or abandoned vehicles.

address search and seizure provisions applicable to digital currency.

South Dakota law now explicitly includes digital currency (like Bitcoin) within the definition of "property" that can be searched and seized by law enforcement with a proper warrant. The bill also defines "digital currency" as any digital representation of value stored on blockchain or similar technology, ensuring that South Dakota's search and seizure laws apply equally to cryptocurrency as they do to traditional assets.

require that a medical cannabis cardholder provide a card or card number upon request of a law enforcement officer.

Medical cannabis cardholders in South Dakota must now provide their card or card number to law enforcement officers upon request. The bill adds this requirement to the existing protections that shield cardholders from arrest or prosecution when they possess cannabis legally under state law. This change allows police to verify a person's medical cannabis status during interactions.

prohibit a person from refusing to identify oneself in certain circumstances and to provide a penalty therefor.

This bill makes it illegal for someone to refuse to show identification when a merchant or law enforcement officer lawfully detains them for suspected underage alcohol purchase or possession. A person who refuses to verify their identity in these circumstances commits a Class 2 misdemeanor, adding a criminal penalty where none previously existed.

authorize the issuance of no-trespass orders by private security officers, require the establishment of buffer zones per written no-trespass orders, and afford municipalities greater authority to regulate trespass.

HB1025 allows private security officers to issue written no-trespass orders and requires that anyone receiving such an order stay at least 50 feet away from the property. The bill also upgrades the penalty for ignoring a no-trespass order from a Class 2 misdemeanor to a Class 1 misdemeanor, and gives municipalities more power to regulate trespassing within their areas.

increase penalties for the operation of drones over certain facilities and to provide for mitigation techniques and countermeasures.

Operating a drone over prisons, jails, juvenile detention facilities, or military installations without permission is now a Class 6 felony (a more serious crime than before). Law enforcement officers are authorized to use countermeasures and mitigation techniques to stop illegal drones, and the Department of Public Safety will create rules and training programs to guide officers on which techniques are allowed and how to use them.

amend the definition of law enforcement officer to include tribal law enforcement officers.

This bill expands the legal definition of "law enforcement officer" in South Dakota state law to include tribal law enforcement officers. This change means tribal officers will now be covered under state criminal code provisions that apply to law enforcement, likely affecting areas such as use of force rules, officer liability protections, and other law enforcement-related statutes.