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?” →

$518,000 is expected to help aid South Dakota agencies in combatting domestic violence over the next three years.

The grant comes from the federal Office of Violence Against Women, designed to help improve local and statewide criminal justice response to domestic violence, dating violence, and stalking.

The Minnehaha County State’s Attorney, Minnehaha County Sheriff’s Office, and South Dakota Attorney General’s Office are the three main agencies pushing for the grant. They received preliminary approval for the funds back in October. Minnehaha County State’s Attorney Daniel Haggar said after some adjustments in their application, they expect to be awarded the just over half a million dollars soon.

Continue reading “South Dakota to receive federal grant aimed at fighting domestic violence” →

A Senate panel chaired by a member of the state’s Medical Marijuana Oversight Committee shot down a bill Wednesday with far-reaching implications for cannabis patients.

Among nine bills that would adjust South Dakota’s medical cannabis laws this legislative session in Pierre, seven remain alive, including bills to hike the price of a dispensary license, allow police to search dispensaries and force prescribers to notify a patient’s primary care provider about their receipt of a card.

The now-scuttled Senate Bill 82 was the most concerning for cannabis advocates, according to Jeremiah Murphy, a lobbyist for the Cannabis Industry Association of South Dakota.

Continue reading “‘Critical threat’ to medical marijuana falls as lawmakers consider nine cannabis bills” →

It’s been two weeks since the South Dakota Legislature first convened, and a series of bills related to the planned operation of a state penitentiary in Lincoln County are slated for discussion and debate.

While some have already advanced, another was quickly swept away. A third cluster of bills have yet to be discussed.

As questions swirl about how to approach and logistics of the construction and operation of a new penitentiary, so do questions about Sec. Kellie Wasko, head of the state’s Department of Corrections (DOC). Continue reading “Series of state penitentiary, criminal defense bills move through SD Legislature” →