Criminal Justice

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.

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.

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.

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.