SB 107

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 students might occur incidentally to the primary purpose of the
            facility; and
26.701.11  2  107
   (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.
SB107 ENROLLED
26.701.11  3  107
An Act to add licensed and registered child care programs to the definition of community
safety zone.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 Senate as Bill No. 107
                                                     By
                       Secretary of the Senate  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                       President of the Senate  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                       Secretary of the Senate
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                          Speaker of the House
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                     Chief Clerk of the House  Secretary of State
 Senate Bill No. 107  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
SB107 ENROLLED