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HB 1076

revise restrictions on residence within a community safety zone and to declare an emergency.

2026 Regular Session Introduced by Amber Arlint and 5 co-sponsors

South Dakota HB 1076 narrows where sex offenders can live in safety zones, with several exceptions; violations are felonies.

Signed by the Governor on 2026-02-17 H.J. 326
#crimes #emergencyclause #sexoffenses
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Bill Summary · HB 1076

Summary of Bill HB 1076 (2026, South Dakota)

Purpose and Intent

  • The bill seeks to revise restrictions on where individuals required to register as sex offenders may reside within a designated “community safety zone.”
  • It also declares the act an emergency to ensure immediate effect upon passage.

Key Provisions and Changes

  • Amends South Dakota Code § 22-24B-23 to modify residence restrictions for sex offenders within a community safety zone.

  • A person required to register as a sex offender may not establish or reside in a community safety zone unless one of the following exceptions applies:

    1. The person is incarcerated (in jail, prison, or other correctional placement) located within a community safety zone.
    2. The person is on parole or probation and assigned to a halfway house or supervised living center within a community safety zone.
    3. The person is homeless and admitted to a community homeless shelter within a community safety zone by an appropriate community official.
    4. The person is placed in a licensed health care facility (pursuant to chapter 34-12) or certified under Medicaid/Medicare Title XVIII or XIX or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, located within a community safety zone.
    5. The person was under age 18 at the time of the offense and the offense was not tried and convicted as an adult.
    6. The person had established and inhabited the residence as of:
      • July 1, 2006 (note: the amendment text shows “2006” where the date appears with a possible typographical issue) if the community safety zone includes a school, public park, public playground, or public pool; or July 1, 2024 if the community safety zone includes a domestic abuse shelter or sexual assault shelter.
    7. The school, public park, public pool, domestic abuse shelter, sexual assault shelter, or public playground was built or established after the person established residence at that location.
    8. The circuit court has issued an order exempting the offender from these provisions under § 22-24B-28.

  • Violations: A breach of these provisions is a Class 6 felony. Subsequent violations are Class 5 felonies.

Who Is Affected

  • Individuals required to register as sex offenders in South Dakota.
  • People residing within or seeking to reside within a “community safety zone” that contains schools, public parks, public playgrounds, public pools, domestic abuse shelters, or sexual assault shelters.
  • Entities and officials involved in housing, corrections, parole/probation systems, homelessness services, health care facilities, and community service providers located within community safety zones.

Procedural and Timeline Aspects

  • Effective Date: The bill includes an emergency clause, making it effective immediately upon passage and approval.
  • Legislative Path: The bill originated in the House (Introduced by Rep. Gosch) and passed through Judiciary committees in both chambers, with amendments (notably Amendment 1076B) incorporated during the process.
  • Sponsor and Support: Co-sponsors include Mark Lapka, Spencer Gosch, Tim Reisch, Carl Perry, Scott Moore, and Amber Arlint.

Potential Impacts and Considerations

  • Public safety: Tightens or clarifies restrictions on where sex offenders may live within community safety zones, potentially limiting residential options and affecting reintegration.
  • Transitional/exception pathways: Provides multiple exceptions that may allow residence in a community safety zone under specific circumstances (e.g., incarceration, housing programs, existing residence at a critical date, or ordered exemptions).
  • Enforcement and penalties: Establishes felony-level penalties for violations, with escalating penalties for subsequent violations.
  • Administrative implementation: Requires coordination among corrections, housing services, health facilities, shelters, and courts to determine eligibility for exemptions and the applicability of exceptions.

Note: A drafting anomaly appears with the date “July 1, 2006” in one subsection; the intended meaning may be to reflect a historical threshold (likely July 1, 2004 or 2006) for preexisting residences, or it could be a clerical error to be clarified during review.

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

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