This concurrent resolution (HCR 6015) requests the Legislative Research Council's Executive Board to form a committee to study expanding state involvement in the national instant criminal background check system. It specifically directs the committee to examine how to better identify individuals with mental health issues seeking firearms, while addressing due process rights, reporting standards, and training requirements for those handling background check information. The study will also evaluate county mental health boards' roles, existing commitment processes, and how they might interact with background check systems. The resolution does not create new law but asks for a report with findings and recommendations for future legislative action. (Note: The bill title incorrectly references "county boards of mental illness" instead of the actual focus on background checks and mental health in firearm contexts.)
HB 1065 would require individuals facing cannabis-related charges to possess a registry identification card to use a legal defense claiming they are permitted to possess cannabis. Currently, South Dakota law does not mandate this card for such defenses, but the bill would amend § 34-20G-53 to make it a requirement. This change would directly affect people charged with cannabis offenses who attempt to rely on this specific defense in court. The bill creates a new condition for accessing this defense, requiring the card as a prerequisite for its use.
HB 1086 appropriates $2.7 million from the general fund to the South Dakota Department of Corrections for a grant to a nonprofit organization. The nonprofit must provide trauma-informed programming - including leadership development and skills training - to both offenders and correctional staff at three specific state prisons: South Dakota State Penitentiary, Mike Durfee State Prison, and South Dakota Women's Prison. To qualify, the nonprofit must currently operate such programming at a state facility and plan to serve all three prisons, as verified by the Department of Corrections. Unspent funds by June 30, 2031, will revert to the state treasury.
HB 1076 revises restrictions on where sex offenders can live near community safety zones (areas near schools, parks, or shelters). It adds two new exceptions allowing offenders to reside there: if they established their home before July 1, 2024, or if the school/park was built after they moved in. The bill expands existing exceptions for offenders in prison, halfway houses, homeless shelters, or healthcare facilities. Violations remain felonies, with repeat offenses carrying harsher penalties. The bill also declares an emergency to take immediate effect.
HB 1151 bans kratom and kratom products in South Dakota, making it a Class 2 misdemeanor to sell, distribute, purchase, consume, or possess them. It specifically prohibits sales or use by anyone under 21 (except by parents/guardians), and requires strict labeling for products that remain legal, including serving sizes, alkaloid content, and health warnings. The bill also prohibits products containing over 2% 7-hydroxymitragynine, synthetic compounds, or harmful additives. This directly affects consumers, businesses selling kratom, and retailers who must comply with new labeling rules.
HB 1212 repeals a provision that previously shielded women from criminal liability for unlawful abortions. It removes the exception that prevented homicide charges when an abortion caused an unborn child's death, making such cases subject to standard homicide laws (Class B felony). The bill directly affects women seeking abortions and medical providers performing them, as it eliminates prior legal protections for abortion-related deaths. Exceptions for lifesaving procedures to preserve the mother's life or spontaneous miscarriages remain unchanged.
HB 1124 makes it a felony to enter or remain within 1,000 feet of a place of worship with intent to disrupt services, harass attendees, or intimidate through political means. Violators face a Class 5 felony charge. The bill defines "place of worship" as any building regularly used for religious activities, identifiable by design, signs, or features. This law directly affects individuals who intentionally trespass near religious sites with the prohibited intentions.
HCR 6001 is a non-binding resolution urging the U.S. Department of Homeland Security (DHS) to establish a tribal law enforcement training academy in South Dakota. It directly addresses DHS and aims to benefit law enforcement personnel serving South Dakota’s nine federally recognized tribal nations, including those working in culturally specific contexts. The resolution requests DHS collaborate with tribal leaders and state agencies to design training programs tailored to tribal communities’ unique needs. It does not create new laws or allocate funding but formally asks DHS to consider South Dakota as a location for such an academy. The resolution emphasizes South Dakota’s existing partnerships with tribal nations and the Bureau of Indian Affairs in law enforcement training.
HB 1015 creates a two-year pilot program (ending December 31, 2027) in South Dakota's Unified Judicial System allowing judges to supervise defendants charged with misdemeanors or felonies instead of requiring jail time before trial. Judges may impose release conditions through presentence court services officers, following existing legal standards. The program requires the judicial system to report detailed results by December 2027, including defendant appearance rates, new charges, missed court dates, and program costs. This directly affects defendants facing misdemeanor or felony charges who qualify for supervised pretrial release under the pilot.
