HB 1007

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 interest 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 exhibits 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.
                                                      Received at this Executive Office
 I certify that the attached Act originated in        this _____ day of _____________,
 the:
                                                      2026 at ____________M.
 House as Bill No. 1007
                                                      By
                     Chief Clerk of the House  for the Governor
                                                                       The attached Act is hereby
                                                                   approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                         Governor
                     Chief Clerk of the House
                                                      STATE OF SOUTH DAKOTA,
                                                                                                ss.
                                                      Office of the Secretary of State
                       President of the Senate
                                                                     Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1007  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
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