Criminal Justice

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAdds substances to Schedule I, criminalizing possession/distribution without medical use, expanding criminalization under criminal justice framework.92% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

passed both · South Dakota · House Mar 9, 2026

HB 1176: clarify bond or pre-trial release upon sobriety program participation.

HB 1176 clarifies that South Dakota courts may require defendants to participate in a 24/7 sobriety program as a condition of bond or pre-trial release. It prevents defendants from being jailed or having their release revoked solely due to inability to pay program costs, unless a court finds they could pay but willfully avoided doing so. Defendants must prove they didn’t willfully skip payments or made a genuine effort to pay. Unpaid program costs may later be added to a defendant’s sentence if the court determines they have the ability to pay. The bill directly affects individuals in criminal cases offered this program.

Topics ✓ Criminal JusticeSupports Criminal JusticePrevents jail for inability to pay sobriety program costs, requires willful avoidance finding before revocation, aligns with reform reducing poverty-based incarceration.92% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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signed · South Dakota · Senate Mar 9, 2026

SB 81: clarify the prohibition on injuring or harassing a service animal.

SB 81 clarifies South Dakota's law against harming service animals by specifying that it is illegal to maliciously beat, injure, harass, or interfere with a service animal that is controlled by a person with a disability and wearing a harness or control device. The bill directly affects individuals with disabilities who rely on service animals and anyone who might harass or harm such animals. It explicitly defines "service animal" as a dog trained to perform tasks directly related to a person's disability (per federal guidelines), excluding emotional support, comfort, or crime deterrent effects. The law makes it a Class 2 misdemeanor to violate these provisions.

Topics ✓ Criminal JusticeSupports Criminal JusticeClarifies criminal penalties for harming service animals, protecting civil rights of disabled individuals under disability access laws.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

signed · South Dakota · Senate Mar 9, 2026

SB 87: clarify and establish requirements related to forensic medical examinations.

South Dakota's SB 87 ensures counties cover the full cost of forensic medical examinations for victims of sexual assault or rape, eliminating out-of-pocket expenses for victims. The bill specifies covered costs include physician services, necessary tests (like STD screenings and pregnancy tests), supplies, and medications, with payments capped at Medicaid rates. It allows minors aged 16+ to consent to exams without parental permission and permits exams for protected persons without guardian consent, provided informed consent is obtained. Hospitals and clinics cannot bill victims beyond these Medicaid-based limits, and must notify victims of their no-cost access regardless of cooperation with law enforcement.

Topics ✓ Criminal JusticeSupports Criminal JusticeEliminates victim costs for forensic exams, aligning with victim rights and access to justice reforms in sexual assault cases.95% confidence ✓ HealthcareSupports HealthcareEliminates out-of-pocket costs for forensic medical exams, covering essential services like STD/pregnancy tests, improving access to healthcare for sexual assault victims.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

passed · South Dakota · Senate Mar 4, 2026

SB 220: authorize a comprehensive study of juvenile correctional and residential facilities, to make an appropriation therefor, and to declare an emergency.

SB 220 directs South Dakota's Department of Corrections to conduct a study evaluating juvenile correctional and residential facilities. The study must examine best practices, therapeutic housing models, vocational training combined with mental health services, and staff-to-youth ratios, including inspections at three facilities outside South Dakota. The bill appropriates $50,000 from the general fund to cover study costs and requires a written report to the Legislative Research Council by September 1, 2026. This is a procedural study bill with no direct policy changes or new requirements for facilities, solely aimed at gathering information for future decisions.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill appropriates $50,000 from general fund for juvenile facility study, directly funding a state budget item per its 'Appropriation' subject.95% confidence ✓ Criminal JusticeSupports Criminal JusticeBill funds study to evaluate juvenile facilities, therapeutic models, and mental health services - directly advancing rehabilitation-focused criminal justice reform in juvenile system.92% confidence ✓ HealthcareSupports HealthcareBill mandates study of mental health services integration in juvenile facilities, directly aligning with healthcare support indicators for mental health services.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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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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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 Yes ✓ Supports Criminal Justice

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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