SB 44 South Dakota Senate · 2026 Regular Session

establish investigative subpoena authority to gather business records in certain investigations.

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.
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 Judiciary Engrossed Enrolled · 6 edits · Mar 5, 2026
MODERATE
This bill adds new provisions to South Dakota law that allow the Attorney General to issue investigative subpoenas to obtain business records from internet and telecommunications providers. The changes create a legal framework for gathering subscriber information, account details, and internet usage data in criminal investigations related to internet crimes against children or human trafficking.
Scope change
The bill expands law enforcement authority by adding new subpoena powers specifically for investigating internet crimes against children and human trafficking, allowing judges in Hughes County to issue statewide subpoenas regardless of where the investigation or records are located.
DEFINITION

New definitions for 'investigative subpoena,' 'provider,' and 'reasonable cause' establish the legal framework for the new subpoena authority.

ELIGIBILITY

Attorneys General or their designees can now apply for subpoenas in criminal investigations involving internet crimes against children or human trafficking.

REQUIREMENT

Judges in Hughes County have statewide authority to approve subpoenas regardless of where the investigation originates or where records are located.

Providers must produce specific business records including subscriber information, account details, billing addresses, device identifiers, email addresses, IP addresses, and other internet access information.

Records obtained through subpoenas must be used solely for law enforcement purposes and providers may not notify account holders unless the subpoena explicitly allows it.

ENFORCEMENT

Providers who refuse to comply with subpoenas can be compelled by court order, and there is immunity from lawsuits for providers who comply with valid subpoenas.

Floor votes · Senate Jan 23, 2026 · House Mar 4, 2026

How they voted

340
Passed · 1 other
Total votes 35
Jan 23, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
11
Committee
4
Amendments
1
Mar 30, 2026
Signed into law
Signed by the Governor on 2026-03-30 S.J. 548
executive
Mar 9, 2026
Lower · Passed
Signed by the Speaker H.J. 543
lower
Mar 5, 2026
Lower · Passed
Signed by the President S.J. 485
lower
Mar 4, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 52, NAYS 15 H.J. 512
lower
Mar 4, 2026
House · Passed
House Vote: pass (52-15-3)
house
Mar 2, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed, H.J. 31
lower
Mar 2, 2026
Lower · Passed
Judiciary Do Pass , Passed, YEAS 11, NAYS 0 H.J. 31
lower
Jan 26, 2026
Introduced
First read in House and referred to House Judiciary H.J. 136
lower
Jan 23, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 95
upper
Jan 23, 2026
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Jan 22, 2026
Upper · Passed
Senate Deferred to another day , Passed, S.J. 85
upper
Jan 20, 2026
Upper · Passed
Judiciary Do Pass Amended , Passed, YEAS 6, NAYS 0 S.J. 3
upper
Jan 20, 2026
Introduced
Judiciary Motion to amend , Passed, S.J. 3 Amendment 44A
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.