Courts & Criminal Justice

Updates how legal documents are delivered to county commissioners.

This bill modifies service of process procedures for counties and boards of county commissioners. It changes who can be served with legal papers on behalf of counties (expanding from just county commissioners to include county administrators, auditors, executives, or registered agents) and clarifies that service on any of these individuals constitutes service on both the county and the board of county commissioners. It also updates the appeal process for county board decisions by changing how written notice must be served.

Provides emergency funding for a therapy center for students in Brown County.

This bill appropriates $2,000,000 from the general fund to the Department of Corrections to construct, complete, and equip a regional juvenile corrections center in Brown County. The appropriation includes funding for heating, plumbing, water, sewer, electric facilities, architectural and engineering services, and other required services. The Bureau of Human Resources and Administration will supervise the project, and the bill includes standard provisions for voucher approval and fund reversion procedures.

Increases penalties for interfering with religious practices.

This bill increases the penalty for preventing someone from practicing their religion through threats or violence from a Class 1 misdemeanor to a Class 6 felony. The bill also makes a minor grammatical change from 'threats' (plural) to 'threat' (singular).

Changes the definition of aggravated assault.

This bill makes minor technical revisions to South Dakota's aggravated assault statute, changing the language structure from 'Any person who...' to 'No person may...' and updating verb forms for consistency (changing 'Attempts' to 'Attempt', 'causes' to 'cause', etc.). The bill also adds 'physical object simulating a deadly weapon' to the existing provision about physical menace with deadly weapons. The substantive elements and requirements for aggravated assault charges remain unchanged.

Exempts human trafficking and domestic abuse victims from certain clemency notification requirements.

This bill creates an exemption from clemency notice requirements in section 24-14-4 for victims of human trafficking or domestic abuse. To qualify for the exemption, applicants must submit an affidavit stating they are victims of human trafficking under chapter 22-49, domestic abuse as defined in section 25-10-1, or similar crimes from other states, plus affidavits from two qualified professionals (law enforcement, prosecutors, parole agents, mental health professionals, healthcare providers, addiction counselors, or social workers/advocates) confirming the victim status.

Allows courts to order treatment at certain nonprofits as part of probation or parole.

This bill expands probation and parole conditions to allow courts to require defendants to participate in treatment programs at nonprofit entities that receive alternative care program grants. It adds this as an option alongside existing conditions like fines, community service, drug courts, and chemical dependency treatment. The bill also updates DUI penalty sections to reference these alternative care programs as options for suspended sentences in repeat DUI cases.

Funds demolition of the Pierre Minimum Center prison facility.

This bill authorizes the Department of Corrections to demolish the Pierre Minimum Center, appropriates $682,825 from the general fund for the demolition project, places the project under supervision of the Bureau of Human Resources and Administration, and includes standard appropriation procedures for voucher approval and fund reversion.

Seals court records when protection order requests are dismissed or denied.

This bill allows courts to immediately seal court files containing dismissed protection order petitions. It applies to both domestic violence protection orders (chapter 22-19A) and harassment protection orders (chapter 25-10). When a court dismisses a protection order petition either initially or after a hearing, the court may then grant immediate sealing of the court file containing that petition.

Updates theft laws for contractors and suppliers.

This bill completely rewrites the theft statute for contractors, subcontractors, and suppliers working on real estate improvements. The current law makes it theft when someone 'knowingly uses more than five hundred dollars' of payment proceeds for purposes other than paying for labor, skills, materials, and machinery while accounts remain unpaid. The new law removes the 'knowingly' requirement and dollar threshold, making it theft when someone 'having received or been entrusted with the property of another for the purpose of improvement of real estate, and with the intent to defraud, appropriates that property' for any purpose other than the real estate improvement it was received for.

Changes the fee for preparing wage garnishment paperwork.

This bill increases the reimbursement fee that garnishees must be paid for preparing garnishment disclosures from $15 to $50. The fee is taxed as part of the plaintiff's costs, and if not paid, the garnishment proceeding is void. The bill also makes minor language changes replacing 'shall' with 'must' throughout the statute.

Makes it a crime to trespass at churches and other places of worship.

Creates a new Class 5 felony crime for trespassing on places of worship or within 1,000 feet of such places with intent to disrupt worship services, menace/harass congregants or employees, or for political intimidation. Defines 'place of worship' as structures where people regularly assemble for religious worship, ceremonies, rituals, and education that a reasonable person would recognize as such by design, signs, or features.