permit a court to require that a defendant participate in global position monitoring as a condition of release for certain offenses.

26.773.15 101st Legislative Session 1296

2026 South Dakota Legislature
House Bill 1296

Introduced by: Representative Roby

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to permit a court to require that a defendant participate in global position 1
monitoring as a condition of release for certain offenses. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 23A-43: 4
If a defendant is charged with an offense that constitutes domestic abuse, as 5
defined in § 25-10-1, the committing magistrate or court must, either in lieu of or in 6
addition to any other method or condition of release described in this chapter, require the 7
defendant to do the following as a condition of release: 8
(1) Wear a global positioning system device that: 9
(a) Actively monitors and reports the defendant's real -time location twenty -10
four hours a day; and 11
(b) Immediately alerts law enforcement if the device enters a location that the 12
defendant has been ordered to refrain from going to or near as a condition 13
of release, or pursuant to a protection order or temporary protection order 14
issued under chapter 25-10; 15
(2) Pay all costs associated with operating the global positioning system device; and 16
(3) If an alleged victim of the offense consents after receiving the information 17
described in section 3 of this Act, pay all costs associated with providing the victim 18
with a cellular device application or an electronic receptor device that: 19
(a) Is capable of receiving global positioning system information from the global 20
positioning system device worn by the defendant; 21
(b) Notifies the victim if the defendant is at or near a location that the defendant 22
has been ordered to refrain from going to or near as a condition of release, 23
or pursuant to a protection order or temporary protection order issued 24
under chapter 25-10; and 25
26.773.15 2 1296
Underscores indicate new language.
Overstrikes indicate deleted language.
(c) Notifies the victim if the defendant is within a prescribed proximity of the 1
victim's cellular device or electronic receptor device. 2
Section 2. That a NEW SECTION be added to chapter 23A-43: 3
Before imposing the use of a global positioning system device pursuant to section 4
1 of this Act, the committing magistrate or court shall afford any alleged victim an 5
opportunity to provide a list of areas from which the victim would like the defendant 6
excluded. The committing magistrate or court shall consider a victim's request in 7
determining the locations the defendant is ordered to refrain from going to or near as a 8
condition of release. 9
Section 3. That a NEW SECTION be added to chapter 23A-43: 10
Before imposing the use of a global positioning system device pursuant to section 11
1 of this Act, the committing magistrate or court must provide any alleged victim 12
information regarding: 13
(1) The victim's right to participate or refuse to participate in global positioning system 14
monitoring pursuant to subdivision (3) of section 1 of this Act and the procedure 15
for requesting that the court terminate the victim's participation; 16
(2) The manner in which the global positioning system monitoring technology 17
functions, the risks and limitations of the technology, and the extent to which the 18
technology tracks and records the victim's location and movements; 19
(3) Any sanctions that the committing magistrate or court may impose on the 20
defendant for violating a condition of release; 21
(4) The procedure that the victim is to follow, and support services available to assist 22
the victim, if the defendant violates a condition of release or if the global positioning 23
system monitoring technology fails; 24
(5) Community services available to assist the victim in obtaining shelter, counseling, 25
education, child care, legal representation, and other assistance available to 26
address the consequences of domestic abuse; 27
(6) An appropriate individual employed by a local law enforcement agency whom the 28
victim may call to request immediate assistance, if the defendant is at or near a 29
location that the defendant has been ordered to refrain from going to or near as a 30
condition of release, or pursuant to a protection order or temporary protection 31
order issued under chapter 25-10; and 32
26.773.15 3 1296
Underscores indicate new language.
Overstrikes indicate deleted language.
(7) The fact that the victim's communications with the magistrate concerning global 1
positioning system monitoring and any restrictions to be imposed on the 2
defendant's movements are not confidential. 3