Criminal Justice

passed · South Dakota · House Feb 11, 2026

HB 1167: revise a provision related to loitering within a community safety zone.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeAdds exemptions for juvenile sex offenders, reducing unnecessary restrictions under community safety zones per criminal justice reform principles.85% confidence | Rep's Stance Voted absent

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passed · South Dakota · House Feb 11, 2026

HB 1192: allow the parole of certain inmates sentenced to life imprisonment without parole.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enables parole for young offenders (18-26) after 25 years, prioritizing rehabilitation, maturity, and victim input - core criminal justice reform principles.95% confidence | Rep's Stance Voted absent

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passed · South Dakota · House Feb 9, 2026

HB 1214: require that courts consider as a mitigating factor during sentencing an individual's history as a victim of abuse and provide for a reduced sentence in certain circumstances.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill reduces sentences for abuse survivors by requiring courts to consider abuse history as a mitigating factor, aligning with criminal justice reform goals to address root causes and reduce recidivism.95% confidence | Rep's Stance Voted absent

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passed · South Dakota · House Feb 9, 2026

HB 1109: allow for the expungement of records pertinent to dismissed protection order cases.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpunges dismissed protection order case records, reducing barriers for individuals and aligning with criminal justice reform principles of protecting civil rights.90% confidence | Rep's Stance Voted absent

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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 No ✗ Opposes Criminal Justice

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passed · South Dakota · House Jan 26, 2026

HB 1083: revise certain provisions related to stalking, establish the crime of felony stalking of a public official, and provide a penalty therefor.

South Dakota's HB 1083 creates a new felony charge for stalking public officials, separate from general stalking offenses. It defines "public official" to include elected state/federal leaders, legislators, judges, and law enforcement officers. The bill specifies that intentionally stalking these officials with the intent to cause fear of death or serious harm constitutes a Class 6 felony, carrying the same penalty as existing felony stalking of children. This amendment modifies existing stalking laws (§ 22-19A-1) by adding a specific provision for public officials, without changing penalties for general stalking or stalking children. The law directly affects public officials and those who target them through repeated following, threats, or harassment.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new felony for stalking public officials, expanding criminalization per indicators (expands criminalization, increases penalties for specific offenses).95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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