HB 1262 appropriates $2 million from the general fund to construct a juvenile corrections center in Brown County, including necessary infrastructure like utilities and equipment. The bill directs the Department of Corrections to manage the project, with the Bureau of Human Resources overseeing design and construction. It declares an emergency to expedite funding, requiring immediate use of the allocated funds for the facility's completion. The bill does not affect specific individuals but directly provides resources for a state-run juvenile corrections facility in Brown County.
SB 41 revises South Dakota's criminal invasion of privacy law to prohibit creating, distributing, or selling digitally manipulated images or videos that falsely depict an identifiable person as nude or engaged in sexual acts. It specifically targets content that appears authentic to an ordinary person but was altered to misrepresent the individual. The law defines "digitally fabricated material" as manipulated images, videos, or depictions that falsely show an identifiable person in states of nudity or sexual activity. Violating this provision is a Class 5 felony, with penalties applying when the manipulated content is shared to harass or embarrass the person depicted.
SB 45 prohibits the sale, distribution, or possession of specific cannabis products (including delta-8 THC, THC-O acetate, and hexahydrocannabinol) to individuals under 21 years old. It makes it a Class 6 felony to sell or distribute these products to minors, and a Class 2 misdemeanor for minors to possess or consume them, or for adults (other than parents/guardians) to provide them to minors. The law directly affects retailers, minors under 21, and adults who might supply these products to underage individuals. Penalties are clearly defined based on the specific violation.
SB 44 allows South Dakota's Attorney General to obtain business records from internet and telecom providers during criminal investigations of internet crimes against children or human trafficking. It requires judicial approval based on "reasonable cause" before issuing subpoenas for specific records like IP addresses, account details, and device information. Hughes County judges have statewide authority to approve these subpoenas, which cannot notify account holders, and obtained records must be used solely for law enforcement with privacy safeguards. The bill directly affects providers (including internet and telecom companies) by mandating compliance with court-ordered requests for targeted data.
HB 1108 allows courts to immediately seal court files when protection order petitions are dismissed, either initially or after a hearing. This applies directly to individuals whose protection order cases (covered under South Dakota statutes §22-19A-8 and §25-10-3) are dismissed by a judge. The key provision requires courts to grant sealing of the entire court file upon dismissal, rather than requiring additional steps or waiting periods. This change provides a streamlined process for removing sensitive court records from public view in dismissed cases. The bill affects anyone involved in a dismissed protection order case, focusing on expediting privacy protections.
SB 179 allows South Dakota courts to commit juveniles adjudicated delinquent for specific weapons offenses to the Department of Corrections, but only under strict conditions. It applies when no other viable alternative exists, corrections is the least restrictive option, and the juvenile was convicted of certain weapons offenses (like those under §22-14-5, 22-14-7, 22-14-20, or 23-7-44). The court must also find the juvenile poses a significant risk of physical harm, has prior adjudications for separate offenses, or meets specific high-risk re-offense criteria. This change modifies existing juvenile disposition options under §26-8C-7, adding a limited pathway to corrections for serious weapons cases. It directly affects juveniles convicted of these specific weapons offenses who meet all the enumerated conditions.
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.
HB 1126 revises South Dakota's penalties for repeat driving under the influence (DUI) offenses. It targets individuals with five or more prior DUI convictions within 15 years (down from 25 years), requiring a mandatory minimum six-year prison sentence for a sixth or subsequent offense, with at least one year on parole. The bill mandates specific monitoring tools like ignition interlocks or alcohol bracelets during supervision and extends driver's license revocation periods, with limited exceptions for employment or medical needs after completing treatment. These changes apply directly to repeat DUI offenders meeting the revised conviction thresholds.
This concurrent resolution (HCR 6015) requests the Legislative Research Council's Executive Board to form a committee to study expanding state involvement in the national instant criminal background check system. It specifically directs the committee to examine how to better identify individuals with mental health issues seeking firearms, while addressing due process rights, reporting standards, and training requirements for those handling background check information. The study will also evaluate county mental health boards' roles, existing commitment processes, and how they might interact with background check systems. The resolution does not create new law but asks for a report with findings and recommendations for future legislative action. (Note: The bill title incorrectly references "county boards of mental illness" instead of the actual focus on background checks and mental health in firearm contexts.)
HB 1086 appropriates $2.7 million from the general fund to the South Dakota Department of Corrections for a grant to a nonprofit organization. The nonprofit must provide trauma-informed programming - including leadership development and skills training - to both offenders and correctional staff at three specific state prisons: South Dakota State Penitentiary, Mike Durfee State Prison, and South Dakota Women's Prison. To qualify, the nonprofit must currently operate such programming at a state facility and plan to serve all three prisons, as verified by the Department of Corrections. Unspent funds by June 30, 2031, will revert to the state treasury.
