Judiciary

HB 1183 revises South Dakota's law granting immunity from prosecution for drug possession charges after an overdose. It directly affects individuals experiencing a drug-related overdose who contact emergency services for medical help. The key change specifies that immunity only applies if the evidence used for any charges stems from the overdose event itself and the need for medical assistance. This clarifies eligibility for the existing immunity provision, requiring that the evidence leading to prosecution originated during the overdose situation. The bill does not expand immunity but refines the conditions under which it applies.

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 107 amends South Dakota law to explicitly include licensed and registered child care programs within the definition of "community safety zone." This means the 500-foot buffer zone around such facilities - including day care centers, group family day care homes, and registered family day care - will now be covered by the same restrictions on sex offender residence as schools, shelters, and public parks. The bill clarifies that all licensed and registered child care programs are explicitly included under existing definitions without adding new facilities to the list. This change directly affects sex offenders required to register under South Dakota law, as they are barred from residing within these zones without specific exemptions.

HB 1066 revises South Dakota's theft statute to clarify that contractors, subcontractors, or suppliers do not commit theft by withholding payment proceeds until work is completed and approved. The bill amends Section 44-9-13 to explicitly state that holding funds pending final work approval is not a violation of the theft law. This directly affects construction industry professionals who handle project payments and must pay for labor or materials before using funds. The key change removes ambiguity about when withholding payment constitutes theft, specifically excluding legitimate holds for completed work. The amendment maintains existing penalties for actual theft but clarifies the legal boundary for payment management.

HB 1298 prohibits publishing a judicial or law enforcement officer's home address, date of birth, or social security number online without their consent if done with the intent to cause fear for the officer's safety or their immediate family's safety. The law applies only to electronic publications and targets individuals who share such sensitive personal information under these specific conditions. Violating this prohibition is classified as a Class 6 felony. The bill directly protects officers by restricting the online dissemination of their personal details that could enable threats or harassment.