Criminal Justice

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

Track

signed · South Dakota · Senate Mar 12, 2026

SB 43: address search and seizure provisions applicable to digital currency.

This bill updates South Dakota's search and seizure laws to explicitly include digital currency as "property" covered by existing warrant procedures. It defines digital currency as value recorded on blockchain or similar distributed ledger technology (e.g., Bitcoin). The change ensures law enforcement must follow standard warrant processes when seeking digital currency, aligning it with how physical property is treated under current law. This directly affects law enforcement investigations involving digital assets and individuals holding such currency.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires warrants for digital currency searches, protecting civil rights by aligning with physical property search procedures under existing law.90% confidence ✓ TechnologySupports TechnologyRequires warrants for digital currency searches, treating it as protected property under existing law to prevent warrantless seizures, aligning with digital privacy protections.95% confidence

Sub-Topics Law Enforcement Emerging Technology

failed · South Dakota · House Feb 17, 2026

HB 1151: ban kratom and kratom products and to provide a penalty therefor.

HB 1151 bans kratom and kratom products in South Dakota, making it a Class 2 misdemeanor to sell, distribute, purchase, consume, or possess them. It specifically prohibits sales or use by anyone under 21 (except by parents/guardians), and requires strict labeling for products that remain legal, including serving sizes, alkaloid content, and health warnings. The bill also prohibits products containing over 2% 7-hydroxymitragynine, synthetic compounds, or harmful additives. This directly affects consumers, businesses selling kratom, and retailers who must comply with new labeling rules.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBans kratom with misdemeanor penalties, expanding criminalization of substance use without reform elements95% confidence

Sub-Topics Drug Policy

Track

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

Sub-Topics Courts Drug Policy

Track

signed · South Dakota · Senate Mar 30, 2026

SB 44: establish investigative subpoena authority to gather business records in certain investigations.

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeSB 44 provides law enforcement with subpoena authority for business records in serious crimes (internet crimes against children, human trafficking), enhancing investigative capabilities within the criminal justice system.90% confidence ✗ TechnologyOpposes TechnologyBill enables law enforcement to access user data without notice, weakening privacy protections for individuals in criminal investigations.80% confidence

Sub-Topics Courts Human Trafficking Law Enforcement Telecommunications

passed · South Dakota · House Feb 11, 2026

HB 1031: revise and repeal provisions related to rape offenses and to increase the penalty therefor.

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties (15-year minimum for minors), removes statute of limitations for rape cases, matching 'oppose' indicators of harsher sentencing.95% confidence

Sub-Topics Sentencing

Track

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

Sub-Topics Corrections Courts

Track

died · South Dakota · Senate Feb 9, 2026

SB 140: revise provisions related to inmate compensation.

SB 140 requires South Dakota correctional facilities to deposit 25% of inmate earnings from prison work into a personal savings account. This savings account cannot be used to pay court fines, fees, or other debts owed by the inmate. Upon release (via parole, suspended sentence, or discharge), the inmate receives the full balance of this savings account. Additionally, any interest earned on these savings must be deposited into the state's crime victims' compensation fund. The bill directly affects incarcerated individuals working in state prisons and modifies how their earnings are handled.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires inmate savings for post-release stability, aiding reintegration and reducing recidivism - directly supports rehabilitation-focused correctional reform.92% confidence

Sub-Topics Corrections Courts Probation & Parole

Track

died · South Dakota · House Feb 12, 2026

HB 1097: make an appropriation for providing a grant to a nonprofit that delivers diversion programming.

HB 1097 appropriates $2 million from South Dakota's general fund to the Department of Corrections for a grant to a nonprofit delivering juvenile diversion programming in Sioux Falls. The nonprofit must provide an annual week-long summer camp for sixth graders identified by school resource officers (starting in 2026 for 10 years), along with three follow-up events per year involving participants, families, and law enforcement. The grant requires the nonprofit to report annual outcome measures to a special committee and includes a requirement for police and sheriff's office participation in all program activities. The funds are disbursed yearly starting in 2026, with unspent amounts reverting by June 2036.

Topics ✓ Budget & TaxesSupports Budget & TaxesAppropriates $2M from general fund for juvenile diversion program, advancing public service funding through direct budget allocation.95% confidence ✓ Criminal JusticeSupports Criminal JusticeFunds juvenile diversion program to prevent justice system involvement, aligning with reform goals like reducing recidivism through early intervention.95% confidence

Sub-Topics Appropriations State Budget Corrections Juvenile Justice Law Enforcement

Track

signed · South Dakota · Senate Mar 30, 2026

SB 179: permit a court to commit a juvenile adjudicated delinquent for certain weapons offenses to the Department of Corrections.

SB 179 allows South Dakota courts to commit juveniles adjudicated delinquent for specific weapons offenses to the Department of Corrections, but only under strict conditions. It applies when no other viable alternative exists, corrections is the least restrictive option, and the juvenile was convicted of certain weapons offenses (like those under §22-14-5, 22-14-7, 22-14-20, or 23-7-44). The court must also find the juvenile poses a significant risk of physical harm, has prior adjudications for separate offenses, or meets specific high-risk re-offense criteria. This change modifies existing juvenile disposition options under §26-8C-7, adding a limited pathway to corrections for serious weapons cases. It directly affects juveniles convicted of these specific weapons offenses who meet all the enumerated conditions.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill restricts juvenile incarceration to extreme cases only, prioritizing alternatives and least restrictive options, aligning with juvenile justice reform principles.90% confidence

Sub-Topics Corrections Courts Juvenile Justice