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 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 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 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.
