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HB 1124

establish the crime of trespass upon a place of worship, provide a penalty therefor, and declare an emergency.

2026 Regular Session Introduced by Bobbi Andera and 12 co-sponsors

South Dakota bill criminalizes trespassing on place of worship grounds with penalties, effective immediately upon passage to enhance religious facility security protections.

Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 4
#crimes #emergencyclause #penalty #religion #speechandexpression #trespass
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Bill Summary · HB 1124

Legislative bill overview

HB 1124 creates a new criminal offense specifically for trespassing on the grounds of a place of worship in South Dakota. The bill establishes penalties for this conduct and includes an emergency declaration, allowing it to take effect immediately upon passage rather than waiting for the standard effective date.

Why is this important

Places of worship have experienced increased security concerns in recent years, including trespassing, harassment, and potential threats to congregants. This legislation aims to provide law enforcement with a targeted legal tool to address unwanted intrusions at religious facilities, potentially offering congregations enhanced legal protections beyond general trespass laws.

Potential points of contention

  • First Amendment concerns: Critics may argue that a worship-specific trespass law could raise constitutional questions about singling out religious spaces for special protection, or about what conduct qualifies as "trespass" in contexts involving protest or political expression at houses of worship.
  • Definition ambiguity: The bill's language regarding what constitutes a "place of worship" and the precise boundaries of protected grounds may create enforcement inconsistencies or disputes about jurisdiction.
  • Disparate application: Concerns that such laws could be enforced unequally across different religious communities or used to disproportionately target certain groups' lawful activities at places of worship.

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

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