Issue · Criminal Justice

Criminal Justice

Every criminal justice bill, vote, and legislator stance in South Dakota, automatically classified by Maddy, our AI policy reader.

Total bills
9
2026 Regular Session
Top supporter
Erik Muckey
95% support rate
Top opponent
John Carley
21% support rate
Ranked legislators
10
5 support · 5 oppose
Key legislators

Who's moving criminal justice in South Dakota

Legislators moving criminal justice in South Dakota
Legislator Party Stance Support rate Decisive votes
Erik Muckey
Erik Muckey House · District 15
D
Strong +
95% 19
Nicole Uhre-Balk
Nicole Uhre-Balk House · District 32
D
Strong +
88% 17
Ernie Otten
Ernie Otten Senate · District 6
R
Strong +
86% 14
Jack Kolbeck
Jack Kolbeck House · District 13
R
Strong +
85% 20
Erin Healy
Erin Healy House · District 10
D
Strong +
82% 17
John Carley
John Carley Senate · District 29
R
Oppose
21% 14
Taffy Howard
Taffy Howard Senate · District 34
R
Oppose
23% 13
Phil Jensen
Phil Jensen House · District 33
R
Oppose
24% 17
Dylan Jordan
Dylan Jordan House · District 4
R
Oppose
24% 21
Heather Baxter
Heather Baxter House · District 34
R
Oppose
24% 21
Showing 9 of 9 bills

All criminal justice bills

signed · South Dakota · Senate Mar 30, 2026

SB 44: 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.
signed · South Dakota · Senate Mar 30, 2026

SB 179: permit a court to commit a juvenile adjudicated delinquent for certain weapons offenses to the Department of Corrections.

SB 179 allows South Dakota courts to commit juveniles adjudicated delinquent for specific weapons offenses to the Department of Corrections, but only under strict conditions. It applies when no other viable alternative exists, corrections is the least restrictive option, and the juvenile was convicted of certain weapons offenses (like those under §22-14-5, 22-14-7, 22-14-20, or 23-7-44). The court must also find the juvenile poses a significant risk of physical harm, has prior adjudications for separate offenses, or meets specific high-risk re-offense criteria. This change modifies existing juvenile disposition options under §26-8C-7, adding a limited pathway to corrections for serious weapons cases. It directly affects juveniles convicted of these specific weapons offenses who meet all the enumerated conditions.
signed · South Dakota · Senate Mar 10, 2026

SB 113: increase the penalty for preventing practice of religion.

This bill amends South Dakota law (§ 22-19B-4) to upgrade penalties for preventing someone from practicing their religion through threats or violence. Currently a Class 1 misdemeanor, the offense would become a Class 6 felony under this bill. It directly affects individuals who use intimidation or force to stop others from engaging in legally protected religious activities. The key change is reclassifying the penalty level in the statute, increasing the legal consequences for such conduct.
signed · South Dakota · House Mar 9, 2026

HB 1162: add certain substances to Schedule I of the controlled substances schedule.

HB 1162 adds 59 specific substances - including synthetic opioids like "W-18" and "butonitazene," as well as compounds such as "methiopropamine" - to South Dakota's Schedule I controlled substances list. This means these substances are now classified as having no medical use and a high potential for abuse under state law. The bill directly affects anyone in South Dakota who possesses, distributes, or uses these listed substances, making such actions illegal without specific exemptions. The key mechanism is the explicit inclusion of these chemical compounds (including isomers and salts) into Schedule I, closing potential legal gaps for enforcement.
passed · South Dakota · House Mar 3, 2026

HCR 6015: encouraging the Executive Board of the Legislative Research Council to form an interim legislative committee to study the role and function of county boards of mental illness.

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.)
failed · South Dakota · House Mar 2, 2026

HB 1086: make an appropriation for providing a grant to a nonprofit that delivers programming to support offenders and correctional staff.

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.
died · South Dakota · Senate Feb 26, 2026

SB 156: modify the crime of cruelty to an animal and increase the penalty therefor.

SB 156 modifies South Dakota's animal cruelty law by adding a new classification for the most severe cases. It makes it a Class 4 felony to commit cruelty "in an especially depraved, heinous, sadistic, or wicked manner," elevating penalties for extreme acts. This directly affects individuals convicted of particularly brutal animal cruelty, moving such cases from lower-level offenses to felony charges. The bill specifically amends Section 40-1-2.4 of South Dakota law to establish this higher penalty tier.
in committee · South Dakota · House Feb 4, 2026

HB 1124: establish the crime of trespass upon a place of worship, provide a penalty therefor, and declare an emergency.

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.
passed · South Dakota · House Jan 27, 2026

HB 1015: create a pilot program in the Unified Judicial System to develop a pretrial release program.

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.