add licensed and registered child care programs to the definition of community safety zone.

26.701.11 101st Legislative Session 107

2026 South Dakota Legislature
Senate Bill 107
ENROLLED

AN ACT

ENTITLED An Act to add licensed and registered child care programs to the definition
of community safety zone.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-22 be AMENDED:
22-24B-22. Terms used in §§ 22-24B-22 to 22-24B-28, inclusive, mean:
(1) "Community safety zone," the measurement of a straight line that creates an area
that lies within five hundred feet from the facilities and grounds of any of the
following sites:
(a) A domestic abuse shelter;
(b) A licensed day care center, as described in subdivision 26-6-14(3);
(c) A licensed group family day care home, as described in subdivision 26-6-
14(5);
(d) A public park, playground, or pool;
(e) A registered family day care, as defined by § 26-6-14.1;
(f) A school; or
(g) A sexual assault shelter.
The area includes the facilities and grounds of the site itself;
(2) "Loiter," to remain for a period of time and under circumstances that a reasonable
person would determine is for the primary purpose of observing or contacting
minors;
(3) "School," any public, private, denominational, or parochial school offering
preschool, kindergarten, or any grade from one through twelve accredited through
the Department of Education. This term does not apply to any facility where the
education of stude nts might occur incidentally to the primary purpose of the
facility; and
26.701.11 2 107
SB107 ENROLLED
(4) "Residence," the address a person lists for purposes of the sex offender registry
under subdivision 22-24B-8(3) and § 22-24B-12.
Section 2. 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 July 1, 2024;
(7) The site listed in subdivision 22-24B-22(1) 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.
26.701.11 3 107
SB107 ENROLLED
An Act to add licensed and registered child care programs to the definition of community
safety zone.

I certify that the attached Act originated in
the:

Senate as Bill No. 107

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 107
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