SB 87 South Dakota Senate · 2026 Regular Session

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.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Feb 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 15, 2026 Signed Mar 9, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Senate Health and Human Services Engrossed Enrolled · 6 edits · Mar 3, 2026
MODERATE
This bill clarifies and establishes requirements for forensic medical examinations for sexual assault victims in South Dakota. It ensures counties pay for these exams, defines what costs are covered, and sets rules for consent and liability protection for medical providers.
Scope change
The bill expands and clarifies existing requirements for forensic medical examinations, adding detailed cost coverage provisions and consent procedures.
FISCAL

Clarifies that counties must pay for forensic medical examinations and specifies exactly what costs are covered, including provider services, forensic supplies, scope procedures, laboratory testing, medications, and radiology services.

Sets payment limits based on actual costs or Medicaid payment methodology, whichever is less, and requires providers to offer lower costs for medically indigent patients.

REQUIREMENT

Requires hospitals and clinics to coordinate payment processes with counties and notify victims that examinations are available at no cost, without requiring participation in the criminal justice system.

ELIGIBILITY

Confirms that minors age sixteen or older can consent to forensic medical examinations without parental consent, though providers must notify parents unless they are the suspected perpetrator.

ENFORCEMENT

Adds liability protections for medical providers who make good faith determinations about patient consent capability, shielding them from criminal prosecution, civil liability, or professional discipline.

DEFINITION

Establishes clear definitions for key terms including 'forensic medical examination,' 'sexual assault nurse examiner,' and 'sexual assault response team.'

Floor votes · Senate Feb 20, 2026

How they voted

340
Passed · 1 other
Total votes 35
Feb 20, 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
16
Key actions
10
Committee
4
Amendments
1
Mar 9, 2026
Signed into law
Signed by the Governor on 2026-03-09 S.J. 488
executive
Mar 4, 2026
Lower · Passed
Signed by the Speaker H.J. 516
lower
Mar 3, 2026
Lower · Passed
Signed by the President S.J. 448
lower
Mar 2, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 65, NAYS 0 H.J. 470
lower
Feb 26, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed,
lower
Feb 26, 2026
Lower · Passed
Health and Human Services Do Pass , Passed, YEAS 11, NAYS 0
lower
Feb 23, 2026
Introduced
First read in House and referred to House Health and Human Services H.J. 416
lower
Feb 20, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 340
upper
Feb 20, 2026
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Feb 18, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, S.J. 15
upper
Feb 18, 2026
Upper · Passed
Health and Human Services Do Pass Amended , Passed, YEAS 6, NAYS 0 S.J. 15
upper
Feb 18, 2026
Introduced
Health and Human Services Motion to amend , Passed, S.J. 15 Amendment 87B
upper
Jan 15, 2026
Introduced
First read in Senate and referred to Senate Health and Human Services S.J. 55
upper
24 primary · 0 co-sponsors

Sponsors