This bill exempts victims of human trafficking or domestic abuse from specific clemency notice requirements when applying for clemency. It directly affects individuals in these victim categories who are seeking clemency by removing a requirement to receive certain notices. To qualify, applicants must submit their own affidavit confirming victim status (citing specific statutes) plus affidavits from two professionals (e.g., law enforcement, mental health providers, or victim advocates) who verify the claim. The professionals must represent different agencies to ensure independent verification.
HB 1298 prohibits publishing a judicial or law enforcement officer's home address, date of birth, or social security number online without their consent if done with the intent to cause fear for the officer's safety or their immediate family's safety. The law applies only to electronic publications and targets individuals who share such sensitive personal information under these specific conditions. Violating this prohibition is classified as a Class 6 felony. The bill directly protects officers by restricting the online dissemination of their personal details that could enable threats or harassment.
HB 1262 appropriates $2 million from the general fund to construct a juvenile corrections center in Brown County, including necessary infrastructure like utilities and equipment. The bill directs the Department of Corrections to manage the project, with the Bureau of Human Resources overseeing design and construction. It declares an emergency to expedite funding, requiring immediate use of the allocated funds for the facility's completion. The bill does not affect specific individuals but directly provides resources for a state-run juvenile corrections facility in Brown County.
SB 41 revises South Dakota's criminal invasion of privacy law to prohibit creating, distributing, or selling digitally manipulated images or videos that falsely depict an identifiable person as nude or engaged in sexual acts. It specifically targets content that appears authentic to an ordinary person but was altered to misrepresent the individual. The law defines "digitally fabricated material" as manipulated images, videos, or depictions that falsely show an identifiable person in states of nudity or sexual activity. Violating this provision is a Class 5 felony, with penalties applying when the manipulated content is shared to harass or embarrass the person depicted.
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.
SB 139 revises South Dakota law to clarify transportation requirements for inmates being discharged from correctional facilities. It requires correctional facilities to provide transportation to a location chosen by the inmate from three options: the county where the inmate lived at the time of the offense, the county where they received their sentence, or any location at the same distance as the closer of those two counties (based on mileage). This change gives inmates more flexibility in selecting a release location while ensuring transportation is provided to a reasonably accessible place near their previous residence or sentencing location. The bill directly affects inmates released from South Dakota correctional facilities under parole, suspended sentences, or final discharge.
SB 107 amends South Dakota law to explicitly include licensed and registered child care programs within the definition of "community safety zone." This means the 500-foot buffer zone around such facilities - including day care centers, group family day care homes, and registered family day care - will now be covered by the same restrictions on sex offender residence as schools, shelters, and public parks. The bill clarifies that all licensed and registered child care programs are explicitly included under existing definitions without adding new facilities to the list. This change directly affects sex offenders required to register under South Dakota law, as they are barred from residing within these zones without specific exemptions.
HB 1108 allows courts to immediately seal court files when protection order petitions are dismissed, either initially or after a hearing. This applies directly to individuals whose protection order cases (covered under South Dakota statutes §22-19A-8 and §25-10-3) are dismissed by a judge. The key provision requires courts to grant sealing of the entire court file upon dismissal, rather than requiring additional steps or waiting periods. This change provides a streamlined process for removing sensitive court records from public view in dismissed cases. The bill affects anyone involved in a dismissed protection order case, focusing on expediting privacy protections.
HB 1140 allows South Dakota courts to require defendants on probation or parole to complete treatment at nonprofit organizations that have received state grants for "alternative care programs," specifically for individuals convicted of repeat DUI/DWI offenses. The bill adds this option as a condition of probation (under § 23A-27-18.3), requiring the defendant’s consent, program availability, and pre-sentencing application approval. It directly affects individuals convicted of third or fourth DUI/DWI offenses who are on probation or parole, offering an alternative to jail time through treatment. The law modifies driver’s license revocation rules (§ 32-23-4 and 32-23-4.6), allowing courts to permit limited driving (e.g., for work or treatment) upon successful completion of such programs. This creates a concrete pathway for court-mandated treatment instead of incarceration for eligible offenders.
HB 1183 revises South Dakota's law granting immunity from prosecution for drug possession charges after an overdose. It directly affects individuals experiencing a drug-related overdose who contact emergency services for medical help. The key change specifies that immunity only applies if the evidence used for any charges stems from the overdose event itself and the need for medical assistance. This clarifies eligibility for the existing immunity provision, requiring that the evidence leading to prosecution originated during the overdose situation. The bill does not expand immunity but refines the conditions under which it applies.
