amend the definition of law enforcement officer to include tribal law enforcement officers.

26.216.19 101st Legislative Session 1007

2026 South Dakota Legislature
House Bill 1007
ENROLLED

AN ACT

ENTITLED An Act to amend the definition of law enforcement officer to include tribal
law enforcement officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-1-2 be AMENDED:
22-1-2. Terms used in this title mean:
(1) If applied to the intent with which an act is done or omitted:
(a) The words, "malice, maliciously," and all derivatives thereof import a wish
to intentionally vex, annoy, or injure another person, established either by
proof or presumption of law;
(b) The words, "intent, intentionally," and all derivatives thereof, import a
specific design to cause a certain result or, if the material part of a charge
is the violation of a prohibition against conduct of a certain nature,
regardless of what the offender intends to accomplish thereby, a specific
design to engage in conduct of that nature;
(c) The words, "knowledge, knowingly," and all derivatives thereof, import only
a knowledge that the facts exist which bring the act or omission within the
provisions of any statute. A person has knowledge if that person is aware
that the facts exist which bring the act or omission within the provisions of
any statute. Knowledge of the unlawfulness of such act or omission is not
required;
(d) The words, "reckless, recklessly," and all derivatives thereof, import a
conscious and unjustifiable disregard of a substantial risk that the offender's
conduct may cause a certain result or may be of a certain nature. A person
is reckless with respect to circumstances if that person consciously and
unjustifiably disregards a substantial risk that such circumstances may
exist;
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(e) The words, "neglect, negligently," and all words derived thereof, import a
want of attention to the nature or probable consequences of an act or
omission which a prudent person ordinarily bestows in acting in his or her
own concerns;
(f) If the section defining an offense provides that negligence suffices to
establish an element thereof, then recklessness, knowledge, intent, or
malice also constitutes sufficient culpability for such element. If
recklessness suffices to establish an element of the offense, then
knowledge, intent or malice also constitutes sufficient culpability for such
element. If knowledge suffices to establish an element of an offense, then
intent or malice also constitutes sufficient culpability for such element. If
intent suffices to establish an element of an offense, then malice also
constitutes sufficient culpability for such element;
(2) "Actor," the person who takes the active part in a transaction;
(3) "Affirmative defense," an issue involving an alleged defense to which, unless the
state's evidence raises the issue, the defendant, to raise the issue, must present
some credible evidence. If the issue involved in an affirmative defense is raised,
then the guilt of the defendant must be established beyond a reasonable doubt as
to that issue as well as all other elements of the offense;
(4) "Antique firearm," any firearm, including any firearm with a matchlock, flintlock,
percussion cap or similar type of ignition system, manufactured before 1899, and
any replica of any firearm described in this section if such replica is not designed
or redesigned for using rimfire or conventional centerfire fixed ammunition or if it
uses rimfire or conventional centerfire fixed ammunition which is no longer
manufactured in the United States and which is not readily available in the ordinary
channels of commercial trade;
(5) "Check," any check, draft, order or other commercial device which orders a
financial institution to pay a sum certain of money on its presentment;
(6) "Concealed," any firearm that is totally hidden from view. If any part of the firearm
is capable of being seen, it is not concealed;
(7) "Consideration," any type of property or thing of legal value, whether delivered in
the past, present or to be delivered in the future. The term includes an unfulfilled
promise to deliver. The term may include an advantage or benefit to the promisor
or a loss or detriment to the promisee. Any amount, advantage or inconvenience,
no matter how trifling, is sufficient to constitute consideration;
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(8) "Controlled weapon" includes any firearm silencer, machine gun, or short shotgun,
as those terms are defined in subdivisions (17), (23), and (46) of this section;
(9) "Crime of violence," any of the following crimes or an attempt to commit, or a
conspiracy to commit, or a solicitation to commit any of the following crimes:
murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first
degree, arson, kidnapping, felony sexual contact as defined in § 22-22-7, felony
child abuse as defined in § 26-10-1, or any other felony in the commission of which
the perpetrator used force, or was armed with a dangerous weapon, or used any
explosive or destructive device;
(9A) "Critical infrastructure facility," any of the following facilities, whether in operation,
idle, or under construction, maintenance or repair, that are enclosed by a fence or
other physical barrier that is obviously designed to exclude trespassers and are
clearly marked with a sign that is posted on the property and reasonably likely to
come to the attention of any trespasser that indicates that entry is forbidden, or
any pole or tower used for any of the purposes in this subdivision, whether enclosed
or marked with a sign or not:
(a) Electric utility facility, including a power generation facility, an electric
transmission facility, an electric station or substation, or any other facility
used to support the generation, transmission, or distribution of electricity;
(b) Water tower, municipal or rural water system well, water intake structure,
or water treatment facility;
(c) Natural gas utility facility, including a regulator station, a compressor
station, an odorization facility, a mainline valve, a natural gas storage
facility, or any other facility used to support the acquisition, transmission,
distribution, or storage of natural gas;
(d) Tank farm, pipeline terminal, pipeline, pump or compressor station or
storage facility for gasoline, crude or refined or synthetic oil, ethanol,
propane, liquid natural gas, or other hazardous liquid;
(e) Transportation facility, including a port, railroad switching yard, or trucking
terminal;
(f) Hazardous waste storage, treatment, or disposal facility;
(g) Oil and gas locations, facilities, and equipment, including temporary drilling
rigs, permanent oil and gas product facilities, and artificial lift equipment;
(h) Communications services facility, infrastructure or equipment involved in
the carriage of essential communications services for both wired and
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wireless communications, switching, routing, repeater/amplifier equipment
or other electronic equipment, macro and micro wireless towers using
federally licensed spectrum, video headend equipment, and satellite
communications receiver or transmission equipment;
(i) Dam that is owned by the state or a subdivision;
(j) Facility whose owner or operator is required to submit a risk management
plan under the federal Chemical Safety Information, Site Security and Fuels
Regulatory Relief Act, 42 U.S.C. § 7412(r) (January 1, 2026); or
(k) Any construction area, pipe yard, or laydown yard for any of the above,
whether permanent or temporary in nature;
(10) "Dangerous weapon" or "deadly weapon," any firearm, stun gun, knife, or device,
instrument, material, or substance, whether animate or inanimate, which is
calculated or designed to inflict death or serious bodily harm, or by the manner in
which it is used is likely to inflict death or serious bodily harm;
(11) "Dealer in stolen property," any person who:
(a) Is found in possession or control of property stolen from two or more
persons on separate occasions; or
(b) Has received stolen property in another transaction within the year
preceding the commencement of the prosecution; or
(c) Trades in property similar to the type of stolen property received and
acquires such property for a consideration which that person knows is
substantially below its reasonable value;
(12) "Deprive," to take or to withhold property of another or to dispose of property of
another so as to make it unlikely that the owner will receive it;
(13) "Destructive device,"
(a) Any bomb, grenade, explosive missile, or similar device or any launching
device therefor; or
(b) Any breakable container which contains a flammable liquid with a flashpoint
of one hundred and fifty degrees Fahrenheit or less and has a wick or similar
device capable of being ignited;
(c) The term does not include "permissible fireworks," defined by § 34-37-5;
any device which is neither designed nor redesigned for use as a weapon;
any device, although originally designed for use as a weapon, which is
redesigned for use as a signaling, pyrotechnic, line throwing, safety or
similar device; surplus ordnance sold , loaned or given by the secretary of
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the army pursuant to the provisions of 10 U.S.C. §§ 4684(2), 4685, or
4686; or any other device which is an antique or is a rifle which the owner
intends to use solely for sporting purposes;
(14) "Explosive," any substance, or combination of substances, that is used for the
purpose of detonation and which, upon exposure to any external or internal force
or condition, is capable of a relatively instantaneous release of gas and heat. The
term does not include "permissible fireworks," as defined by § 34-37-5;
(15) "Financial institution," a bank, insurance company, credit union, savings and loan
association, investment trust, or other organization held out to the public as a place
of deposit of funds or medium of savings or collective investment;
(16) "Firearm," any weapon from which a projectile or projectiles may be discharged by
gunpowder. As used in this subdivision, the term, gunpowder, includes any
propellant that upon oxidization emits heat and light and is commonly used in
firearms cartridges;
(17) "Firearm silencer," any instrument, attachment, weapon or appliance for causing
the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to
lessen or muffle the noise of the firing of any such weapon;
(18) "Government," the United States, any state, county, municipality, school district,
or other political unit, or any department, agency, or subdivision of any of the
foregoing, or any corporation or other association carrying out the functions of any
of the foregoing;
(19) "Immediate family," any spouse, child, parent, or guardian of the victim;
(20) "Insanity," the condition of a person temporarily or partially deprived of reason,
upon proof that at the time of committing the act, the person was incapable of
knowing its wrongfulness, but not including an abnormality manifested only by
repeated unlawful or antisocial behavior;
(21) "Intoxication," a disturbance of mental or physical capacities resulting from the
introduction of substances into the body. Intoxication is not, in itself, a mental
disease or defect;
(22) "Law enforcement officer," an individual who is:
(a) Responsible for the prevention, detection, or prosecution of crimes, for the
enforcement of the criminal or highway traffic laws of the state, or for the
supervision of confined persons or those persons on supervised release or
probation and is:
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(i) An officer, prosecutor, agent, or employee of the state or any of its
political subdivisions or the United States; or
(ii) Security personnel employed by a railroad, express company,
airline, or airport; or
(b) An officer, prosecutor, or employee of an Indian tribe who is assisting or
aiding in:
(i) The enforcement of the criminal or highway traffic laws of the state;
or
(ii) The prevention, detection, or prosecution of a crime committed in
this state;
(22A) "Loaded firearm," any functional firearm that contains a cartridge, shell, or
projectile in the chamber, including any chamber in the cylinder of a revolver;
(23) "Machine gun," any firearm, whatever its size and usual designation, that
automatically discharges two or more cartridges by a single function of the firing
device;
(24) "Mental illness," any substantial psychiatric disorder of thought, mood or behavior
which affects a person at the time of the commission of the offense and which
impairs a person's judgment, but not to the extent that the person is incapable of
knowing the wrongfulness of such act. Mental illness does not include abnormalities
manifested only by repeated criminal or otherwise antisocial conduct;
(25) "Moral turpitude," an act done contrary to justice, honesty, principle, or good
morals, as well as an act of baseness, vileness, or depravity in the private and
social duties which a person owes to his fellow man or to society in general;
(26) "Motor vehicle," any automobile, motor truck, motorcycle, house trailer, trailer
coach, cabin trailer, or any vehicle propelled by power other than muscular power;
(27) "Obtain,"
(a) In relation to property, to bring about a transfer or purported transfer of a
legal interest in the property, whether to the actor or another; or
(b) In relation to labor or service, to secure performance thereof;
(28) "Occupied structure," any structure:
(a) Which is the permanent or temporary habitation of any person, whether or
not any person is actually present;
(b) Which at the time is specially adapted for the overnight accommodation of
any person, whether or not any person is actually present; or
(c) In which at the time any person is present;
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(29) "Offense" or "public offense," any crime, petty offense, violation of a city or county
ordinance, or act prohibited by state or federal law;
(30) "Pass," to utter, publish or sell or to put or send forth into circulation. The term
includes any delivery of a check to another for value with intent that it shall be put
into circulation as money;
(31) "Person," any natural person, unborn child, association, limited liability company,
corporation, firm, organization, partnership, or society. If the term is used to
designate a party whose property may be the subject of a crime or petty offense,
it also includes the United States, any other country, this state, and any other state
or territory of the United States, and any of their political subdivisions, agencies,
or corporations;
(32) "Pistol," any firearm with a barrel less than sixteen inches in length, designed to
expel a projectile or projectiles by the action of an explosive;
(33) "Private place," a place where one may reasonably expect to be safe from casual
or hostile intrusion or surveillance, but does not include a place to which the public
or a substantial group thereof has access;
(34) "Process," any writ, warrant, summons, or order issued in the course of judicial
proceedings;
(35) "Property," anything of value, including, but not limited to, motor vehicles, real
estate, tangible and intangible personal property, contract rights, choses-in-action,
and other interests in or claims to wealth, admission or transportation tickets,
captured or domestic animals, food and drink, electric or other power, services,
and signatures which purport to create, maintain, or extinguish any legal
obligation;
(36) "Property of another," property in which any person other than the actor has an
interest upon which the actor is not privileged to infringe, regardless of the fact
that the actor also has an interest in the property and regardless of the fact that
the other person might be precluded from civil recovery because the property was
used in an unlawful transaction or was subject to forfeiture as contraband. Property
in possession of an actor may not be deemed property of another who has only a
security inter est therein, even if legal title is in the creditor pursuant to a
conditional sales contract or other security agreement;
(37) "Public employee," any person employed by the state or any of its political
subdivisions, who is not a public officer;
(38) "Public office," the position held by a public officer or employee;
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(39) "Public officer," any person who holds a position in the state government or in any
of its political subdivisions, by election or appointment, for a definite period, whose
duties are fixed by law, and who is invested with some portion of the sovereign
functions of government;
(40) "Public record," any official book, paper, or record created, received, or used by or
in any office or agency of the state or of any of its political subdivisions;
(41) "Publish," to disseminate, circulate or place before the public in any way, other
than by speech which is not mechanically or electronically amplified;
(42) "Receive," to acquire possession, control or title, or to lend or borrow on the
security of the property;
(43) "Service," labor that does not include a tangible commodity. The term includes,
but is not limited to: labor; professional advice; telephone, cable television and
other utility service; accommodations in hotels, restaurants or elsewhere;
admissions to exh ibits and entertainments; the use of machines designed to be
operated by coin or other thing of value; and the use of rental property;
(44) "Seller," any person or employee engaged in the business of selling pistols at retail;
(44A) "Serious bodily injury," such injury as is grave and not trivial, and gives rise to
apprehension of danger to life, health, or limb;
(45) "Short rifle," any rifle having a barrel less than sixteen inches long, or an overall
length of less than twenty-six inches;
(46) "Short shotgun," any shotgun having a barrel less than eighteen inches long or an
overall length of less than twenty-six inches;
(47) "Signature," any name, mark or sign written with intent to authenticate any
instrument or writing;
(48) Deleted by SL 2005, ch 120, § 357;
(49) "Structure," any house, building, outbuilding, motor vehicle, watercraft, aircraft,
railroad car, trailer, tent, or other edifice, vehicle or shelter, or any portion thereof;
(50) "Stun gun," any battery-powered, pulsed electrical device of high voltage and low
or no amperage that can disrupt the central nervous system and cause temporary
loss of voluntary muscle control of a person;
(50A) "Unborn child," an individual organism of the species homo sapiens from
fertilization until live birth;
(51) "Unoccupied structure," any structure which is not an occupied structure;
(52) "Vessel," if used with reference to shipping, any ship of any kind and every
structure adapted to be navigated from place to place;
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(53) "Victim," any natural person against whom the defendant in a criminal prosecution
has committed or attempted to commit a crime;
(54) "Voluntary intoxication," intoxication caused by substances that an actor knowingly
introduces into his or her body, the tendency of which is to cause intoxication; and
(55) "Written instrument," any paper, document, or other instrument containing written
or printed matter or the equivalent thereof, used for purposes of reciting,
embodying, conveying, or recording information, and any money, credit card,
token, stamp, seal, badge, trade mark, service mark or any evidence or symbol of
value, right, privilege or identification, which is capable of being used to the
advantage or disadvantage of some person.
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An Act to amend the definition of law enforcement officer to include tribal law enforcement
officers.

I certify that the attached Act originated in
the:

House as Bill No. 1007

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1007
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State