Criminal Justice

passed · South Dakota · House Mar 2, 2026

HB 1065: revise the medical purpose affirmative defense in cannabis prosecution.

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeRequires registry ID card for cannabis defense, restricting defendant rights by adding new barrier to legal defense in prosecution.90% confidence | Rep's Stance ✗ Voted No ✓ Supports Criminal Justice

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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.

Topics ✓ Budget & TaxesSupports Budget & TaxesAppropriates $2.7M from general fund for correctional programming grant, directly funding a state budget allocation for essential correctional services.95% confidence ✓ Criminal JusticeSupports Criminal JusticeFunds trauma-informed rehabilitation programs for offenders/staff at prisons, aiming to reduce recidivism through skills training and leadership development.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill elevates animal cruelty to Class 4 felony, increasing sentencing severity. This directly aligns with 'oppose' indicator of increasing mandatory sentences for specific offenses.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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signed · South Dakota · House Feb 17, 2026

HB 1076: revise restrictions on residence within a community safety zone and to declare an emergency.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeAdds exceptions to sex offender residency restrictions, easing constraints for established residents and promoting reintegration, aligning with criminal justice reform principles.85% confidence | Rep's Stance Voted absent

failed · South Dakota · House Feb 17, 2026

HB 1151: ban kratom and kratom products and to provide a penalty therefor.

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBans kratom with misdemeanor penalties, expanding criminalization of substance use without reform elements95% confidence | Rep's Stance ✗ Voted No ✓ Supports Criminal Justice

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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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill creates new felony for trespassing near places of worship, expanding criminalization without reform elements or defendant protections.90% confidence | Rep's Stance ✗ Voted No ✓ Supports Criminal Justice

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passed both · South Dakota · House Feb 4, 2026

HCR 6001: urging the United States Department of Homeland Security to establish a tribal law enforcement training academy in South Dakota.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeUrges DHS to establish tribal law enforcement training academy, promoting culturally competent policing and addressing tribal community needs within criminal justice framework.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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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.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates pretrial release alternative to jail for misdemeanors/felony defendants, reducing unnecessary detention - core criminal justice reform principle.92% confidence | Rep's Stance Voted absent

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