HB 1076

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;
26.697.11  2  1076
   (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.
HB1076 ENROLLED
26.697.11  3  1076
An Act to revise restrictions on residence within a community safety zone and to declare an
emergency.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1076
                                                     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. 1076  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1076 ENROLLED