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 No ✓ Supports Criminal Justice

signed · South Dakota · Senate Mar 9, 2026

SB 81: clarify the prohibition on injuring or harassing a service animal.

SB 81 clarifies South Dakota's law against harming service animals by specifying that it is illegal to maliciously beat, injure, harass, or interfere with a service animal that is controlled by a person with a disability and wearing a harness or control device. The bill directly affects individuals with disabilities who rely on service animals and anyone who might harass or harm such animals. It explicitly defines "service animal" as a dog trained to perform tasks directly related to a person's disability (per federal guidelines), excluding emotional support, comfort, or crime deterrent effects. The law makes it a Class 2 misdemeanor to violate these provisions.

Topics ✓ Criminal JusticeSupports Criminal JusticeClarifies criminal penalties for harming service animals, protecting civil rights of disabled individuals under disability access laws.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

signed · South Dakota · Senate Mar 9, 2026

SB 87: clarify and establish requirements related to forensic medical examinations.

South Dakota's SB 87 ensures counties cover the full cost of forensic medical examinations for victims of sexual assault or rape, eliminating out-of-pocket expenses for victims. The bill specifies covered costs include physician services, necessary tests (like STD screenings and pregnancy tests), supplies, and medications, with payments capped at Medicaid rates. It allows minors aged 16+ to consent to exams without parental permission and permits exams for protected persons without guardian consent, provided informed consent is obtained. Hospitals and clinics cannot bill victims beyond these Medicaid-based limits, and must notify victims of their no-cost access regardless of cooperation with law enforcement.

Topics ✓ Criminal JusticeSupports Criminal JusticeEliminates victim costs for forensic exams, aligning with victim rights and access to justice reforms in sexual assault cases.95% confidence ✓ HealthcareSupports HealthcareEliminates out-of-pocket costs for forensic medical exams, covering essential services like STD/pregnancy tests, improving access to healthcare for sexual assault victims.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

passed · South Dakota · House Mar 3, 2026

HCR 6015: encouraging the Executive Board of the Legislative Research Council to form an interim legislative committee to study the role and function of county boards of mental illness.

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.)

Topics ✓ Criminal JusticeSupports Criminal JusticeBill directs study to improve mental health screening in background checks, aligning with criminal justice reform goals of reducing gun access risks while protecting due process.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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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 No ✓ Supports Criminal Justice

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signed · South Dakota · House Feb 17, 2026

HB 1076: revise restrictions on residence within a community safety zone and to declare an emergency.

HB 1076 revises restrictions on where sex offenders can live near community safety zones (areas near schools, parks, or shelters). It adds two new exceptions allowing offenders to reside there: if they established their home before July 1, 2024, or if the school/park was built after they moved in. The bill expands existing exceptions for offenders in prison, halfway houses, homeless shelters, or healthcare facilities. Violations remain felonies, with repeat offenses carrying harsher penalties. The bill also declares an emergency to take immediate effect.

Topics ✓ Criminal JusticeSupports Criminal JusticeAdds exceptions to sex offender residency restrictions, easing constraints for established residents and promoting reintegration, aligning with criminal justice reform principles.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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 No ✓ Supports Criminal Justice

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passed both · South Dakota · House Feb 4, 2026

HCR 6001: urging the United States Department of Homeland Security to establish a tribal law enforcement training academy in South Dakota.

HCR 6001 is a non-binding resolution urging the U.S. Department of Homeland Security (DHS) to establish a tribal law enforcement training academy in South Dakota. It directly addresses DHS and aims to benefit law enforcement personnel serving South Dakota’s nine federally recognized tribal nations, including those working in culturally specific contexts. The resolution requests DHS collaborate with tribal leaders and state agencies to design training programs tailored to tribal communities’ unique needs. It does not create new laws or allocate funding but formally asks DHS to consider South Dakota as a location for such an academy. The resolution emphasizes South Dakota’s existing partnerships with tribal nations and the Bureau of Indian Affairs in law enforcement training.

Topics ✓ Criminal JusticeSupports Criminal JusticeUrges DHS to establish tribal law enforcement training academy, promoting culturally competent policing and addressing tribal community needs within criminal justice framework.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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