FEBRUARY 29, 2024:

South Dakota Governor Kristi Noem has signed the following bills into law:

• HB 1083 permits a person convicted of certain driving under the influence offenses to drive for certain purposes;
• HB 1087 modifies the definitions of a child in need of supervision and a delinquent child;
• HB 1116 makes fraudulent solicitation of charitable contributions a deceptive act or practice; and,
• SB 194 creates a license plate for certain retired firefighters and clarify provisions regarding special firefighter license plates.
• SB 188 modifies the time before which rural access infrastructure grant moneys must be expended or obligated;
• HB 1085 specifies the venue of appeal to circuit court for persons committed to a mental health facility;
• HB 1088 removes the option for a court services officer to prepare documentation in an adoption proceeding;
• HB 1117 repeals a requirement for the filing of an annual report regarding prearranged funeral trust contracts;
• HB 1126 permits an alternative delivery method for issuance of a policy by an insurer;
• HB 1129 repeals the session law authorizing the Board of Regents to contract for the design and construction of a new dairy research and extension farm on the campus of South Dakota State University, and to declare an emergency; and,
• HB 1135 expands definitions pertaining to the purchasing of grain.

Noem has signed 108 bills into law this legislative session.

Continue reading “South Dakota Legislative Update” →

In 2022, New Mexico recorded the nation’s highest violent crime rate, while Washington had the highest property crime rate. Maine had the lowest violent crime rate, and Idaho held the lowest property crime rate.

The US crime rate has trended downward for decades, and recent data confirms this pattern. However, while the national violent crime rate decreased by 1.6% in 2022 compared to 2021, the property crime rate rose by 6.7%. Rates vary by region due to factors including urbanization levels, economic conditions, and law enforcement effectiveness.

Continue reading “Which states have the highest and lowest crime rate?” →

The state’s new women’s prison may well be full when it opens, South Dakota’s corrections secretary said this week, a reality largely attributable to the prevalence of drug abuse in the penal population.

The new prison will free up space for addiction treatment, but the secretary said she’s concerned about the potential for more crowding in the womens’ facilities if the state doesn’t find a way to address its approach to substance abuse.

Lawmakers heard those warnings during debate on funding for the Rapid City minimum security prison, which passed the full Senate this week after a hearing in the budget-setting Joint Appropriations Committee.

Continue reading “Corrections secretary: New women’s prison could be filled with addicts on day one” →

Some lawmakers in South Dakota want harsher penalties for people who make threats of violence against elected officials.

It’s already a felony in South Dakota to make death threats or vows to seriously injure constitutional office holders here, but a measure under consideration at the state Capitol wants those same legal protections extended to lawmakers, judges or just about any elected office holder in South Dakota.

Continue reading “Death threats against public officials could be broadened in SD” →

On January 12, South Dakota’s Division of Banking issued a mandate setting March 31, 2024 as the deadline for all South Dakota licensed money lenders and non-residential mortgage brokers to comply with their Bank Secrecy Act/Anti-Money Laundering (BSA/AML) requirements under a 2020 Final Rule published by the Financial Crimes Enforcement Network (FinCEN). FinCEN’s 2020 Final Rule notably closed a regulatory loophole, extending BSA/AML requirements to banks that lack a federal functional regulator. A “federal functional regulator” is any one of the following: Federal Reserve Board, FDIC, NCUA, OCC, OTS, SEC, or CFTC. There are over 550 banks that currently lack a federal functional regulator, consisting of state-chartered, non-depository trust companies, non-federally insured credit unions, and some international banking entities.

Continue reading “South Dakota Lenders on Tight Deadline for BSA/AML Compliance” →

Continue reading “Doxxing is a federal crime in certain cases” →

It would be easier for prosecutors to tell jurors about previous sexual assault allegations in rape trials under the provisions of two bills endorsed by a state Senate panel Tuesday morning.

The bills heard in the Senate Judiciary Committee would amend South Dakota’s rules of evidence to allow evidence of prior sexual assaults — including unconvicted sexual assaults — if a judge deems that evidence meaningful for jurors.

Two bills, Senate Bills 97 and 98, would allow such evidence in adult and child sexual assault cases, respectively. The bills came from Sen. Tim Reed, R-Brookings.

Continue reading “Prior sexual assaults could become part of rape trials” →

South Dakota Attorney General Marty Jackley announces that the overall number of criminal offenses reported statewide in 2023 was down 2.57 percent compared to 2022. The Crime in South Dakota 2023 Report indicated that the number of reported criminal offenses was 67,145 in 2023. That is a decrease from the 68,917 reported in 2022. Continue reading “2023 Crime in South Dakota Report released by SD Attorney General Marty Jackley” →

A new bill called the Agent Raul Gonzalez Officer Safety Act would make it a federal crime to evade U.S. Customs and Border Protection or other law enforcement agents aiding CBP by motor vehicle within 100 miles of the U.S.-Mexico border. The bill passed the House of Representatives Tuesday.

The bill is named after former Border Patrol agent Raul Gonzalez, who died during a high-speed chase in Texas, said the bill’s sponsor U.S. Representative Juan Ciscomani (R-AZ).

Continue reading “Bill that proposes adding federal criminal penalties for those evading law enforcement within 100 miles of the U.S.-Mexico border passes House” →

Generative AI tools such as ChatGPT are entering law practices, promising more efficiency and less time spent on rote tasks. But risks remain around accuracy, ethics and privacy.

The legal sector has typically been characterized by a cautious, conservative approach to tech adoption. But emerging generative AI tools such as OpenAI’s ChatGPT are quietly gaining traction among attorneys.

Although ChatGPT and other powerful large language models are relatively new, they’ve already seen surprisingly widespread adoption in the legal sector. More than 40% of attorneys surveyed by legal data and analytics company LexisNexis said they currently use or plan to use generative AI in their legal work, according to an August 2023 report.

Continue reading “What does generative AI mean for the legal sector?” →