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 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 1200 appropriates $8 million from South Dakota's general fund to the Department of Public Safety for grants to nonprofit organizations providing specific victim services. It directly supports nonprofits focused on helping children abused or neglected, domestic violence victims, sexual assault victims, or victims of commercial sexual exploitation/trafficking. The bill allows grant funds to cover 24/7 emergency services, counseling, crisis lines, case management, sexual assault nurse examiner training, and child advocacy center services - excluding new programs or legal aid. Nonprofits must apply annually between July 1 and August 31, report on services delivered, and prioritize organizations seeking additional funding. The appropriation becomes effective June 30, 2026.
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.
HB 1140 allows South Dakota courts to require defendants on probation or parole to complete treatment at nonprofit organizations that have received state grants for "alternative care programs," specifically for individuals convicted of repeat DUI/DWI offenses. The bill adds this option as a condition of probation (under § 23A-27-18.3), requiring the defendant’s consent, program availability, and pre-sentencing application approval. It directly affects individuals convicted of third or fourth DUI/DWI offenses who are on probation or parole, offering an alternative to jail time through treatment. The law modifies driver’s license revocation rules (§ 32-23-4 and 32-23-4.6), allowing courts to permit limited driving (e.g., for work or treatment) upon successful completion of such programs. This creates a concrete pathway for court-mandated treatment instead of incarceration for eligible offenders.
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 1238 allows South Dakota financial institutions to delay or block specific transactions when they reasonably suspect financial exploitation of consenting adults aged 65+ (seniors) or adults aged 18+ with mental impairments or court-appointed guardians (vulnerable adults). The law permits banks to refuse transfers, withdrawals, ownership changes, beneficiary updates, or power-of-attorney instructions if exploitation is suspected. Financial institutions are protected from liability for acting under this law, though they are not required to intervene - decisions are based on available information. This directly affects banks and the vulnerable adults they serve by providing a legal framework to prevent financial abuse.
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.
SB 220 directs South Dakota's Department of Corrections to conduct a study evaluating juvenile correctional and residential facilities. The study must examine best practices, therapeutic housing models, vocational training combined with mental health services, and staff-to-youth ratios, including inspections at three facilities outside South Dakota. The bill appropriates $50,000 from the general fund to cover study costs and requires a written report to the Legislative Research Council by September 1, 2026. This is a procedural study bill with no direct policy changes or new requirements for facilities, solely aimed at gathering information for future decisions.
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.)
