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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Jan 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026
Signed Mar 30, 2026
Maddy AI version diff · 2 comparisons
What changed between versions
Senate Engrossed
→
Enrolled
·
3 edits
·
Mar 4, 2026
MINOR
This bill was finalized into its enrolled version with no substantive policy changes. The text shows formatting differences between the draft and final versions, including the addition of official certification language, signature blocks, and page numbering typical of enrolled legislation. The actual legal content regarding penalties for controlled substance offenses in correctional facilities remains unchanged.
TECHNICAL
Added official enrolled bill certification language including signature blocks for the Secretary of the Senate, Governor, and Secretary of State.
Added page numbering and bill reference information (SB42 ENROLLED, 26.456.17) to the final version.
Removed browser compatibility warnings and website loading messages that were present in the draft version.
Floor votes · Senate Jan 29, 2026 · House Mar 3, 2026
How they voted
26–7
Passed · 2 other
Total votes 35
Jan 29, 2026
D
Democratic3
100% Nay
R
Republican32
81% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
17
Key actions
10
Committee
4
Amendments
1
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 S.J. 548
executive
Mar 5, 2026
Lower · Passed
Signed by the Speaker H.J. 530
lower
Mar 4, 2026
Lower · Passed
Signed by the President S.J. 470
lower
Mar 3, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 55, NAYS 11 H.J. 491
lower
Mar 3, 2026
House · Passed
House Vote: pass (55-11-4)
house
Mar 2, 2026
Lower · Passed
Judiciary Do Pass , Passed, YEAS 10, NAYS 1 H.J. 31
lower
Feb 2, 2026
Introduced
First read in House and referred to House Judiciary H.J. 194
lower
Jan 29, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 26, NAYS 7 S.J. 147
upper
Jan 29, 2026
Senate · Passed
Senate Vote: pass (26-7-2)
senate
Jan 28, 2026
Upper · Passed
Deferred with pending amendment (Rule 5-17) , Passed, S.J. 133
upper
Jan 28, 2026
Introduced
Senate Motion to amend , Passed, S.J. 132 Amendment 42A
upper
Jan 15, 2026
Upper · Passed
Judiciary Do Pass , Passed, YEAS 4, NAYS 2 S.J. 1
upper
Jan 13, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 13
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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