SB 42 South Dakota Senate · 2026 Regular Session

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

267
Passed · 2 other
Total votes 35
Jan 29, 2026
D Democratic3
3 Nay
100% Nay
R Republican32
26 Yea 4 Nay 2
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.