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26.697.11 101st Legislative Session 1076
2026 South Dakota Legislature
House Bill 1076
ENROLLED
AN ACT
ENTITLED An Act to revise restrictions on residence within a community safety zone
and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-23 be AMENDED:
22-24B-23. No person who is required to register as a sex offender pursuant to
this chapter may establish a residence or reside within a community safety zone unless:
(1) The person is incarcerated in a jail or prison or other correctional placement which
is located within a community safety zone;
(2) The person is on parole or probation and has been assigned to a halfway house or
supervised living center within a community safety zone;
(3) The person is homeless and has been admitted to a community homeless shelter
within a community safety zone by an appropriate community official;
(4) The person is placed in a health care facility licensed pursuant to chapter 34-12,
or certified under Title XVIII or XIX of the Social Security Act as amended to
December 31, 2001, or receiving services from a community service provider
accredited or certified by the Department of Human Services or the Department of
Social Services, which is located within a community safety zone;
(5) The person was under age eighteen at the time of the offense and the offender
was not tried and convicted of the offense as an adult;
(6) The person established and inhabited the residence as of:
(a) July 1, 2006, if the community safety zone includes a school, public park,
public playground, or public pool; or
(b) July 1, 2024, if the community safety zone includes a domestic abuse
shelter or sexual assault shelter;
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(7) The school, public park, public pool, domestic abuse shelter, sexual assault shelter,
or public playground was built or established subsequent to the person's
establishing residence at the location; or
(8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the
offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.
A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5
felony.
Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force
and effect from and after its passage and approval.
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An Act to revise restrictions on residence within a community safety zone and to declare an
emergency.
I certify that the attached Act originated in
the:
House as Bill No. 1076
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. 1076
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