Read the full stored bill text
26.459.12 101st Legislative Session 44
2026 South Dakota Legislature
Senate Bill 44
ENROLLED
AN ACT
ENTITLED An Act to establish investigative subpoena authority to gather business
records in certain investigations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 1-11:
Terms used in this Act mean:
(1) "Investigative subpoena," a written demand issued by the attorney general or the
attorney general's designee, after judicial approval, requiring the production of
business records relevant to an official criminal investigation;
(2) "Provider," any:
(a) Electronic communication service that provides users with the ability to
send or receive wire or electronic communications;
(b) Electronic service provider that offers users the ability to send or receive
wire or electronic communications, or to process or store data by means of
an electronic communication system;
(c) Internet service provider engaged in the business of providing computer
access or internet connectivity to the public or to subscribers;
(d) Remote computing service that provides computer storage or processing
services to the public, by means of an electronic communications system;
or
(e) Telecommunications carrier that provides telecommunications services; and
(3) "Reasonable cause," a belief based on specific and articulable facts that the
business records sought are relevant and material to an active criminal
investigation.
Section 2. That a NEW SECTION be added to chapter 1-11:
26.459.12 2 44
SB44 ENROLLED
In any criminal investigation conducted by the Division of Criminal Investigation
involving a state offense related to internet crimes against children or human trafficking,
the attorney general or the attorney general's designee may apply to a magistrate judge
or circuit judge of Hughes County for judicial approval to issue an investigative subpoena.
The attorney general or the attorney general's designee shall submit to the judge a written
application demonstrating reasonable cause to believe the business records of a provider
are material to an active criminal investigation.
Section 3. That a NEW SECTION be added to chapter 1-11:
Any magistrate judge or circuit court judge of Hughes County has statewide
authority to review, approve, and issue an investigative subpoena, regardless of:
(1) The county or judicial circuit in which the criminal investigation originates;
(2) The location of the business records sought or the provider to be subpoenaed; or
(3) The location where the investigative subpoena will be served or enforced.
Section 4. That a NEW SECTION be added to chapter 1-11:
A magistrate judge or circuit court judge may approve an investigative subpoena
upon finding that the application submitted pursuant to section 2 of this Act establishes
reasonable cause to believe the business records of a provider are material to an acti ve
criminal investigation. Judicial approval may be provided by written order or by signature
on the investigative subpoena.
An investigative subpoena approved pursuant to this section is enforceable
anywhere in this state and has the same force and effect as any subpoena issued under
the laws of this state.
Section 5. That a NEW SECTION be added to chapter 1-11:
Upon judicial approval, the attorney general or the attorney general's designee
may issue and serve the investigative subpoena compelling the production of any of the
following business records:
(1) Subscriber information;
(2) Account holder name;
(3) Billing and service address;
(4) Account status;
(5) Telephone number;
26.459.12 3 44
SB44 ENROLLED
(6) Device information and device identifiers;
(7) Email address;
(8) Internet username;
(9) Internet protocol address and any temporarily assigned address;
(10) Method of access to the internet; and
(11) Automatic number identification records, if access is by modem.
Section 6. That a NEW SECTION be added to chapter 1-11:
A provider served with an investigative subpoena shall produce the business
records required by the subpoena. The provider may not provide notice to the account
holder, customer, or subscriber whose records are sought if such a prohibition is contained
within the investigative subpoena.
Section 7. That a NEW SECTION be added to chapter 1-11:
If a provider refuses to comply with an investigative subpoena, the attorney
general or the attorney general's designee may apply to a court of competent jurisdiction
for an order compelling compliance.
Section 8. That a NEW SECTION be added to chapter 1-11:
Any business record obtained pursuant to an investigative subpoena must be used
solely for official law enforcement purposes and may not be disclosed except as necessary
to carry out a criminal investigation or a prosecution, or as otherwise required by law.
In examining business records obtained pursuant to an investigative subpoena, the
attorney general or the attorney general's designee shall take all reasonable steps to
safeguard the privacy rights of an individual and avoid unnecessary disclosure of personal
information concerning any identified person.
Section 9. That a NEW SECTION be added to chapter 1-11:
No cause of action lies in any court against a provider, or any agent, employee, or
officer of the provider, for providing assistance, information, or facilities in accordance
with the terms of an investigative subpoena.
26.459.12 4 44
SB44 ENROLLED
An Act to establish investigative subpoena authority to gather business records in certain
investigations.
I certify that the attached Act originated in
the:
Senate as Bill No. 44
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. 44
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