Criminal Justice (Human Trafficking)

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 1200 appropriates $8 million from South Dakota's general fund to the Department of Public Safety for grants to nonprofit organizations providing specific victim services. It directly supports nonprofits focused on helping children abused or neglected, domestic violence victims, sexual assault victims, or victims of commercial sexual exploitation/trafficking. The bill allows grant funds to cover 24/7 emergency services, counseling, crisis lines, case management, sexual assault nurse examiner training, and child advocacy center services - excluding new programs or legal aid. Nonprofits must apply annually between July 1 and August 31, report on services delivered, and prioritize organizations seeking additional funding. The appropriation becomes effective June 30, 2026.

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.