HB 1300

26.853.11  101st Legislative Session  1300
                                     2026 South Dakota Legislature
                                              House Bill 1300
                                                    ENROLLED
                                              AN ACT
ENTITLED An Act to except victims of human trafficking or domestic abuse from
         certain clemency notice requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 24-14:
            The provisions of § 24-14-4 do not apply to an applicant who is a victim of human
   trafficking or domestic abuse. To be recognized as a victim of human trafficking or
   domestic abuse, the individual shall submit to the Board of Pardons and Paroles:
   (1)      An affidavit of the individual stating that:
            (a)    The individual is a victim of:
                   (i)     Human trafficking under chapter 22-49;
                   (ii)    Domestic abuse, as defined in § 25-10-1; or
                   (iii)   A similar crime in another state that, if committed in this state,
                           would be considered human trafficking or domestic abuse; and
            (b)    The individual's safety is at risk if any personal information is published in
                   any newspaper; and
   (2)      The affidavit of two professionals stating that, based on the professional's work
            with the individual, the professional believes the individual is a victim of human
            trafficking or domestic abuse as set forth in subdivision (1), and the professional
            believes the individual has a good faith belief that the individual's safety is at risk.
            The professionals, who may be from the same profession but may not be from the
            same agency, must be any two of the following:
            (a)    A law enforcement officer;
            (b)    A prosecutor;
            (c)    A parole agent;
            (d)    A qualified mental health professional;
            (e)    A licensed health care provider;
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            (f)    An addiction counseling or prevention services practitioner; or
            (g)    A social worker, crisis counselor, or other advocate acting on behalf of an
                   agency that assists victims of human trafficking or domestic abuse.
            Nothing in this section waives a victim's right to notification as set forth in S.D.
   Const., Art. VI, § 29, chapter 23A-28C, or any other applicable victim's rights law.
HB1300 ENROLLED
26.853.11  3  1300
An Act to except victims of human trafficking or domestic abuse from certain clemency notice
requirements.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1300
                                                     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. 1300  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1300 ENROLLED