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South DakotaSB 44101st South Dakota Legislature (2026)Senate

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

Sponsored By: Sponsor information unavailable

Signed by Governor

Criminal ProcedureExecutive/Judiciary RequestState Affairs and Government

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Bill Overview

Analyzed Economic Effects

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

Privacy limits protect subpoenaed account records

Records obtained through these subpoenas can be used only for official law enforcement purposes. Sharing is allowed only as needed for a criminal investigation or prosecution, or when otherwise required by law. The Attorney General or designee must take reasonable steps to protect privacy and limit unnecessary disclosure.

Investigators gain access to provider records

South Dakota's Attorney General or a designee can obtain court-approved subpoenas requiring providers to turn over business records. This authority covers Division of Criminal Investigation cases involving state offenses related to internet crimes against children or human trafficking. A Hughes County magistrate or circuit judge must find reasonable cause based on specific facts linking records to an active case. These judges have statewide authority, regardless of where the investigation, provider, records, service, or enforcement is located. Covered providers include electronic communications, data storage or processing, internet, and phone services. Records include subscriber information, account names and status, billing and service addresses, phone numbers, and device information and identifiers. They also include email addresses, internet usernames, IP addresses including temporary addresses, internet access methods, and modem automatic number identification records. Providers must produce the requested records, and the subpoena can bar them from notifying the account holder. The Attorney General or designee can seek a court order to force compliance. Providers and their agents and employees cannot be sued for complying with the subpoena's terms.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 103 • No: 15

House vote • 3/4/2026

Do Pass Amended

Yes: 52 • No: 15

House vote • 3/2/2026

Do Pass

Yes: 11 • No: 0

Senate vote • 1/23/2026

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 1/20/2026

Do Pass Amended

Yes: 6 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/30/2026Senate

  2. Delivered to the Governor

    3/10/2026Senate

  3. Signed by the Speaker

    3/9/2026House

  4. Signed by the President

    3/5/2026Senate

  5. Do Pass Amended

    3/4/2026House

  6. Remove from Consent Calendar

    3/3/2026House

  7. Certified uncontested, placed on consent

    3/2/2026House

  8. Do Pass

    3/2/2026House

  9. Scheduled for hearing

    3/2/2026House

  10. First read in House and referred to

    1/26/2026House

  11. Do Pass Amended

    1/23/2026Senate

  12. Deferred to another day

    1/22/2026Senate

  13. Do Pass Amended

    1/20/2026Senate

  14. Motion to amend

    1/20/2026Senate

  15. Scheduled for hearing

    1/20/2026Senate

  16. Scheduled for hearing

    1/15/2026Senate

  17. First read in Senate and referred to

    1/13/2026Senate

Bill Text

  • Introduced

    1/6/2026

    PDF

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