South DakotaHB 1076101st South Dakota Legislature (2026)House

revise restrictions on residence within a community safety zone and to declare an emergency.

Sponsored By: Gosch, Spencer (Republican), Lapka, Mark (Republican)

Signed by Governor

CrimesEmergency ClauseSex Offenses

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Housing exceptions expand for registered sex offenders

South Dakota allows people required to register as sex offenders to keep qualifying homes near domestic abuse or sexual assault shelters. They must have established and lived in the home as of July 1, 2024. They also qualify if the shelter was built or established after they established their residence. For zones containing schools, public parks, public playgrounds, or public pools, the comparable date is July 1, 2006. The exception also applies if those sites were built or established after the person established residence. Other exceptions cover incarceration in a jail, prison, or other correctional placement, and parole or probation assignments to halfway houses or supervised living centers. People experiencing homelessness qualify when an appropriate community official initiates their admission to a community homeless shelter. Exceptions also cover placement in qualifying health care facilities or services from state-accredited or certified community service providers. Health facilities must be state-licensed or Medicare- or Medicaid-certified under federal law as amended through December 31, 2001. Exceptions also cover people whose offense occurred before age 18 who were not tried and convicted as adults, and people with a qualifying circuit court exemption. Outside these exceptions, the residence ban remains. Violations remain Class 6 felonies, with subsequent violations classified as Class 5 felonies. The law took effect immediately upon passage and approval.

Sponsors & Cosponsors

Sponsors

  • Gosch, Spencer

    Republican • House

  • Lapka, Mark

    Republican • Senate

Cosponsors

  • Arlint, Amber

    Republican • House

  • Moore, Scott

    Republican • House

  • Perry, Carl

    Republican • Senate

  • Reisch, Tim

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 119 • No: 0

Senate vote • 2/6/2026

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 2/5/2026

Do Pass

Yes: 6 • No: 0

House vote • 1/27/2026

Do Pass Amended

Yes: 66 • No: 0

House vote • 1/23/2026

Do Pass Amended

Yes: 13 • No: 0

Actions Timeline

  1. Signed by the Governor

    2/17/2026House
  2. Delivered to the Governor

    2/11/2026House
  3. Signed by the President

    2/10/2026Senate
  4. Signed by the Speaker

    2/9/2026House
  5. Senate Do Pass Amended, Passed, YEAS 34, NAYS 0

    2/6/2026Senate
  6. Senate Judiciary Do Pass, Passed, YEAS 6, NAYS 0

    2/5/2026Senate
  7. Scheduled for hearing

    2/5/2026Senate
  8. Referred to Senate Judiciary

    1/29/2026Senate
  9. First Reading Senate

    1/28/2026Senate
  10. House of Representatives Do Pass Amended, Passed, YEAS 66, NAYS 0

    1/27/2026House
  11. House Judiciary Do Pass Amended, Passed, YEAS 13, NAYS 0

    1/23/2026House
  12. House Judiciary Motion to amend, Passed

    1/23/2026House
  13. Scheduled for hearing

    1/23/2026House
  14. First read in House and referred to House Judiciary

    1/15/2026House

Bill Text

  • Introduced

    1/15/2026

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