Criminal Justice

signed · South Dakota · Senate Mar 30, 2026

SB 107: add licensed and registered child care programs to the definition of community safety zone.

SB 107 amends South Dakota law to explicitly include licensed and registered child care programs within the definition of "community safety zone." This means the 500-foot buffer zone around such facilities - including day care centers, group family day care homes, and registered family day care - will now be covered by the same restrictions on sex offender residence as schools, shelters, and public parks. The bill clarifies that all licensed and registered child care programs are explicitly included under existing definitions without adding new facilities to the list. This change directly affects sex offenders required to register under South Dakota law, as they are barred from residing within these zones without specific exemptions.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpands sex offender residency restrictions to child care centers, enhancing community safety protections within criminal justice framework.92% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · South Dakota · Senate Mar 30, 2026

SB 42: enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

SB 42 increases penalties for possessing, delivering, or ingesting controlled substances within South Dakota state correctional facilities. It changes inmate possession of controlled substances from a Class 3 to a Class 4 felony, delivery to inmates from a Class 4 to a Class 3 felony, and ingestion by inmates from a Class 6 to a Class 5 felony. These changes directly affect inmates, staff, and visitors who bring or use controlled substances in prisons. The bill strengthens criminal penalties for drug-related activities in correctional settings without altering treatment programs.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill reduces penalties for inmate drug offenses (Class 3 to Class 4 felony), aligning with criminal justice reform goals of less severe sentencing.90% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · South Dakota · Senate Mar 10, 2026

SB 113: increase the penalty for preventing practice of religion.

This bill amends South Dakota law (§ 22-19B-4) to upgrade penalties for preventing someone from practicing their religion through threats or violence. Currently a Class 1 misdemeanor, the offense would become a Class 6 felony under this bill. It directly affects individuals who use intimidation or force to stop others from engaging in legally protected religious activities. The key change is reclassifying the penalty level in the statute, increasing the legal consequences for such conduct.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases penalties from misdemeanor to felony for religious obstruction, expanding criminalization and raising sentencing severity per criminal justice indicators.92% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · South Dakota · House Mar 9, 2026

HB 1162: add certain substances to Schedule I of the controlled substances schedule.

HB 1162 adds 59 specific substances - including synthetic opioids like "W-18" and "butonitazene," as well as compounds such as "methiopropamine" - to South Dakota's Schedule I controlled substances list. This means these substances are now classified as having no medical use and a high potential for abuse under state law. The bill directly affects anyone in South Dakota who possesses, distributes, or uses these listed substances, making such actions illegal without specific exemptions. The key mechanism is the explicit inclusion of these chemical compounds (including isomers and salts) into Schedule I, closing potential legal gaps for enforcement.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAdds substances to Schedule I, criminalizing possession/distribution without medical use, expanding criminalization under criminal justice framework.92% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

passed · South Dakota · House Mar 2, 2026

HB 1065: revise the medical purpose affirmative defense in cannabis prosecution.

HB 1065 would require individuals facing cannabis-related charges to possess a registry identification card to use a legal defense claiming they are permitted to possess cannabis. Currently, South Dakota law does not mandate this card for such defenses, but the bill would amend § 34-20G-53 to make it a requirement. This change would directly affect people charged with cannabis offenses who attempt to rely on this specific defense in court. The bill creates a new condition for accessing this defense, requiring the card as a prerequisite for its use.

Topics ✗ Criminal JusticeOpposes Criminal JusticeRequires registry ID card for cannabis defense, restricting defendant rights by adding new barrier to legal defense in prosecution.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · South Dakota · House Feb 5, 2026

HB 1212: revise provisions in order to strengthen protections for unborn children.

HB 1212 repeals a provision that previously shielded women from criminal liability for unlawful abortions. It removes the exception that prevented homicide charges when an abortion caused an unborn child's death, making such cases subject to standard homicide laws (Class B felony). The bill directly affects women seeking abortions and medical providers performing them, as it eliminates prior legal protections for abortion-related deaths. Exceptions for lifesaving procedures to preserve the mother's life or spontaneous miscarriages remain unchanged.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill expands criminalization by removing abortion-related death exception, subjecting cases to homicide laws (Class B felony), directly increasing criminal liability.95% confidence ✗ HealthcareOpposes HealthcareBill removes legal protections for abortion-related deaths, subjecting providers to homicide charges and restricting access to abortion services, a core healthcare component.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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passed · South Dakota · House Jan 27, 2026

HB 1015: create a pilot program in the Unified Judicial System to develop a pretrial release program.

HB 1015 creates a two-year pilot program (ending December 31, 2027) in South Dakota's Unified Judicial System allowing judges to supervise defendants charged with misdemeanors or felonies instead of requiring jail time before trial. Judges may impose release conditions through presentence court services officers, following existing legal standards. The program requires the judicial system to report detailed results by December 2027, including defendant appearance rates, new charges, missed court dates, and program costs. This directly affects defendants facing misdemeanor or felony charges who qualify for supervised pretrial release under the pilot.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates pretrial release alternative to jail for misdemeanors/felony defendants, reducing unnecessary detention - core criminal justice reform principle.92% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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