HB 1252 requires South Dakota counties and municipalities to provide legal representation for people who cannot afford a lawyer (indigent defendants) through three methods: establishing public defender offices, using court-appointed attorneys via a coordinated plan, or contracting with licensed attorneys. It specifies that counties pay for these services, with reimbursement possible by deducting costs from defendants' funds (as court costs or probation conditions) or through a state fund that redistributes payments based on county spending. The bill also creates a lien on defendants' property (capped at $1,500 for minors' parents) to recover costs, and mandates how counties must report and enforce these reimbursements.
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 1031 revises South Dakota's rape offense definitions and increases penalties, primarily affecting victims under 13 and perpetrators convicted of sexual crimes against minors. It adds new circumstances to rape definitions (e.g., victim incapacity due to intoxication) and establishes a 15-year minimum sentence for first offenses involving victims under 13. The bill also removes the statute of limitations for rape cases involving victims under 13 or using force/coercion, allowing charges to be filed until the victim turns 25. These changes directly impact criminal sentencing for sexual offenses and extend legal accountability for certain victims.
HB 1167 amends South Dakota law to clarify exemptions for certain sex offenders regarding loitering in community safety zones. It specifically adds that the prohibition does not apply if the offender was under 18 at the time of the offense and was not tried or convicted as an adult, or if a court has granted an exemption under § 22-24B-28. The bill directly affects registered sex offenders who meet these specific juvenile offense criteria. The amendment does not change the felony penalties (Class 6 for first offense, Class 5 for repeat offenses) or the core prohibition against loitering in safety zones or public libraries. This is a technical revision to the existing statute (§ 22-24B-24) with no new policy changes.
HB 1192 allows parole consideration for inmates sentenced to life imprisonment without parole who were aged 18-26 at the time of their offense (excluding first-degree rape). It requires the parole board to review cases after 25 years of incarceration, with mandatory initial hearings within six months of eligibility. The board must consider factors like the inmate's youth at the time of crime, rehabilitation efforts, completion of educational programs, victim input, and evidence of maturity. The law applies retroactively to all qualifying inmates sentenced before July 1, 2026. It modifies existing parole eligibility rules by creating a specific pathway for this age group.
HB 1214 requires South Dakota courts to consider a defendant's history of abuse as a mitigating factor during sentencing for certain crimes. To qualify, defendants must provide documented evidence (such as court records, hospital reports, or protective orders) proving the abuse was a substantial factor in their offense. If approved, sentences are reduced: life without parole becomes a maximum of 35 years, life with parole becomes a maximum of 30 years, and fixed terms are reduced by at least one-third. The law excludes Class A felonies, sex offenses, and related attempts, and allows retroactive resentencing for cases before July 1, 2026.
This bill allows courts to expunge all records related to dismissed protection order cases, directly affecting individuals whose petitions were rejected (either initially or after a hearing). If a court dismisses a petition under South Dakota law (specifically § 22-19A-8 for domestic violence orders or § 25-10-3 for civil orders), it may order the removal of all case records from court files and the Department of Social Services. The expungement process follows existing definitions in § 23A-3-26, ensuring records are permanently cleared without requiring additional court action beyond the dismissal.
HB 1226 authorizes South Dakota county commissioners to create written policies for investigating misconduct by county employees, departments, or officers. The bill requires these policies to cover specific misconduct types (like abuse of authority, conflicts of interest, or neglect of duty), mandate at least one outside investigator for complaints, and include confidentiality and due process standards. County boards must also ensure policies follow existing procedures for removing officers. This directly affects county government operations and employee accountability. The bill does not change existing misconduct definitions but sets procedural requirements for local investigations.
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.
