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Bill

SB 44

establish investigative subpoena authority to gather business records in certain investigations.

2026 Regular Session

South Dakota bill grants state investigative subpoena authority to compel business records, passed judiciary committee unanimously with amendment, awaits full senate vote.

Signed by the Governor on 2026-03-30
#criminalprocedure #executive/judiciaryrequest #stateaffairsandgovernment
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Bill Summary · SB 44

Legislative bill overview

SB 44 grants investigative subpoena authority to specified state agencies or officials, enabling them to compel the production of business records during investigations. The bill passed the Senate Judiciary Committee with a 6-0 vote after an amendment on January 20, 2026, and is scheduled for further consideration.

Why is this important

Investigative subpoena power directly affects business compliance obligations and the speed at which state investigations can proceed. This impacts both law enforcement effectiveness and business operational burden, with implications for privacy protections and investigative scope depending on how broadly the authority is defined.

Potential points of contention

  • Scope of authority: Unclear which agencies receive subpoena power and whether safeguards exist to prevent overreach or misuse of this authority
  • Business burden and privacy: Companies may face increased compliance costs and data disclosure requirements; the amendment's specific changes are not detailed here but warrant scrutiny
  • Procedural protections: Questions about whether targets of investigations receive notice, opportunity to challenge subpoenas, or protection against fishing expeditions
  • Definition of "certain investigations": The bill's language limiting this to "certain" investigations needs clarity—overly broad language could dramatically expand government investigative powers

Compiled from official sources — confirm details with the bill’s official record.

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