Criminal Justice (Victims' Rights)

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 1214 requires South Dakota courts to consider a defendant's history of abuse as a mitigating factor during sentencing for certain crimes. To qualify, defendants must provide documented evidence (such as court records, hospital reports, or protective orders) proving the abuse was a substantial factor in their offense. If approved, sentences are reduced: life without parole becomes a maximum of 35 years, life with parole becomes a maximum of 30 years, and fixed terms are reduced by at least one-third. The law excludes Class A felonies, sex offenses, and related attempts, and allows retroactive resentencing for cases before July 1, 2026.

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 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.