Search

revise and repeal provisions related to the crime victims' compensation program.

This bill updates how crime victims' compensation claims are handled by requiring the Department of Labor and Regulation to clearly document their decisions in writing, including findings of fact, the compensation amount awarded, and who receives it. The bill also eliminates an outdated section of law (§ 23A-28B-31) while keeping victims' right to appeal department decisions to the Crime Victims' Compensation Commission.

make an appropriation for victim services provided by nonprofit organizations.

South Dakota allocates $5.5 million annually to the Department of Public Safety to award grants to nonprofit organizations serving abuse victims, domestic violence survivors, sexual assault victims, and trafficking victims. These grants can fund emergency services, counseling, 24/7 crisis lines, case management, and sexual assault nurse examiners, but cannot start new programs or pay for legal services. The department will prioritize organizations that have already tried to raise their own funding for these services.

except victims of human trafficking or domestic abuse from certain clemency notice requirements.

This bill exempts victims of human trafficking or domestic abuse from a requirement to have their clemency applications published in newspapers. To qualify for this exemption, victims must submit an affidavit stating they are a trafficking or domestic abuse victim whose safety is at risk if their information is published, along with supporting affidavits from two professionals (such as law enforcement, prosecutors, mental health professionals, or social workers) confirming the victim status and safety concerns.

clarify and establish requirements related to forensic medical examinations.

SB87 clarifies that counties must pay for the complete costs of forensic medical examinations for rape and sexual assault victims, including hospital services, lab tests, medications, and imaging—and specifies that victims don't have to report the crime or cooperate with police to receive this free examination. The bill also requires hospitals and clinics to work with counties to set up payment processes and inform victims that these exams are available at no cost to them.

permit a court to require that a defendant participate in global position monitoring as a condition of release for certain offenses.

When someone is arrested for domestic abuse, a judge must now require them to wear a GPS monitoring device that tracks their location 24/7 and alerts police if they go near places they're banned from visiting. The defendant must pay for the GPS device, and if the victim agrees, must also pay for an app or device that lets the victim know when the defendant is nearby.

revise certain provisions related to stalking, establish the crime of felony stalking of a public official, and provide a penalty therefor.

This bill expands South Dakota's stalking law to include a new crime: posting someone's home address, work location, school, or other identifying information online without consent, if done to intimidate or harass them. The bill also creates a new felony offense for stalking public officials, making such conduct a more serious crime than regular stalking.

establish civil liability for furnishing alcohol to an obviously intoxicated person.

This bill removes the legal protection that currently shields alcohol sellers from being sued by people injured by intoxicated customers. Under current law, businesses and bartenders cannot be held civilly liable when someone gets hurt due to alcohol sold to an obviously intoxicated person; this bill eliminates that protection so injured parties can now sue for damages. The existing criminal penalty for selling alcohol to obviously intoxicated customers remains unchanged.

prohibit the dissemination of location information about a public officer and provide a penalty and civil cause of action therefor.

This bill makes it a Class 6 felony to publicly share the home address, workplace, or school location of a current or former public officer or their family members without permission if done to harass, intimidate, threaten, or make them fear for their safety. The bill also creates a separate civil lawsuit option allowing public officers to sue for damages, emotional distress, attorney fees, and punitive damages—regardless of whether criminal charges are filed or result in conviction.

add licensed and registered child care programs to the definition of community safety zone.

South Dakota law currently defines "community safety zones" as 500-foot areas around certain facilities to restrict where sex offenders can live, including day care centers and family day cares. This bill adds licensed and registered child care programs to that list of protected facilities, expanding the locations where sex offenders are prohibited from establishing residences. The change strengthens protections for children in organized child care settings by treating these programs the same as existing day care facilities under state sex offender residency restrictions.

revise provisions related to inmate compensation.

South Dakota is changing how inmate wages can be used to pay court-ordered debts and restitution. The bill allows inmates to keep more of their prison wages by creating an exception that protects some earnings from being automatically deducted to pay fines, costs, and other obligations owed to the state. This protects inmate compensation while still allowing deductions for crime victim compensation and other legally-required payments.

establish provisions relating to the use of military protective orders upon arrest and as evidence in an action for a protection order.

When law enforcement arrests someone associated with the military, they must now check if a military protective order exists against that person in the federal database and notify the issuing military authority if a violation occurred. Additionally, military protective orders can now be used as evidence in South Dakota civil protection order cases to show a pattern of harmful behavior by the respondent.

revise and repeal provisions allowing probation for contempt of a custody or visitation decree.

South Dakota is removing a legal exception that previously allowed people accused of violating custody or visitation orders to receive probation instead of facing contempt charges. The bill eliminates two sections of law (§ 25-4A-6 and § 25-4A-7) that created this probation option, making violations of custody and visitation decrees subject to stricter penalties without the possibility of probation as an alternative.

establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.

This bill creates a new crime called "fraudulent assisted reproduction" that makes it illegal for health care providers to use someone else's sperm or eggs in a fertility procedure without the patient's written consent, or to use their own reproductive material without consent—punishable as a Class 5 felony. The bill also allows patients and certain other individuals to sue health care providers who commit this crime for damages. Importantly, the time limit to prosecute these crimes doesn't start until the victim discovers and reports the fraud to law enforcement.

establish the crime of trespass upon a place of worship, provide a penalty therefor, and declare an emergency.

South Dakota would create a new felony crime for trespassing at places of worship with intent to disrupt services, harass worshippers, or intimidate congregants through fear or political coercion. The law applies to anyone entering or remaining on a place of worship's premises or within 50 feet of its exits during the hour before or after services, with violators facing Class 5 felony charges. The bill takes effect immediately upon passage.

revise a provision related to loitering within a community safety zone.

This bill modifies the law restricting where sex offenders can be present by clarifying that registered sex offenders are prohibited from loitering in community safety zones or public libraries, even if they have a legitimate reason like visiting a minor in their care or custody. The change adds an exception for offenders who were juveniles when they committed the offense and weren't tried as adults, or who received a court order exempting them from these restrictions. Violations remain punishable as a Class 6 felony for the first offense and a Class 5 felony for subsequent violations.

prohibit the electronic publication of certain information about a judicial officer or law enforcement officer and provide a penalty therefor.

This bill makes it illegal to electronically publish a judge's or law enforcement officer's home address, date of birth, or social security number without their permission if you intend to threaten them or their family with death or serious injury. Violating this new law is a Class 6 felony.

revise provisions in order to strengthen protections for unborn children.

This bill expands South Dakota law to provide legal protections for unborn children by allowing wrongful death lawsuits when an unborn child is injured or killed, with damages going to the mother or married parents. It also applies criminal offense penalties to harm against unborn children, while exempting medical procedures performed to save a pregnant mother's life. The bill repeals two existing sections of law related to abortion procedures.

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.

require that the owner of a motor vehicle removed from a body of water pay the removal costs.

This bill expands existing law to make vehicle owners financially responsible for removal costs when their cars are taken out of bodies of water, not just from highways. Specifically, owners now must pay for removal if they drive or allow their vehicle to be driven into a lake, stream, or other water and it becomes disabled—including situations where a vehicle breaks through ice. Owners are also liable for any storage fees associated with the removal.

revise a provision related to the transportation of an inmate upon discharge from a correctional facility.

South Dakota will now require correctional facilities to provide discharged inmates with clothing, money determined by the corrections secretary, and transportation to one of three locations: the county where they lived when arrested, the county where they were sentenced, or a location of equivalent distance to either of those two counties, whichever involves less mileage. This replaces the previous rule that only required these items "if not already provided" and clarifies that inmates have a choice of destination rather than being transported to a single predetermined location.