S.D. AG 2015 legislative package
December 23, 2014
Attorney General Marty Jackley announces that the Attorney General's proposed legislative package for 2015 will include a request that our Legislature consider the following:
1. Adding Human Trafficking Offenders to South Dakota's Sex Offender Registry
"Human trafficking in which sexual predators prey upon young victims is precisely the type of offense for which the sex offender registry is designed to notify and protect our communities. The inclusion of human trafficking is part of our commitment to providing a sex offender registry that exceeds national standards, partners with our reservation communities, and protects our children," said Attorney General Jackley.
In 2010, the South Dakota Legislature worked with law enforcement to revise and strengthen South Dakota Sex Offender Registry. South Dakota was the fourth registry in the nation to be certified and has a complacency rate of 98.9% of the 3,300 registered sex offenders across the state. Under South Dakota law, any person convicted for commission of a listed sex crime is required to register as a sex offender. The Attorney General is recommending that crimes of first degree human trafficking of minors, as well as second degree human trafficking involving prostitution of a minor be defined as sex crimes requiring sex offender registration.
2. Authorizing Law Enforcement and First Responders to Carry and Administer Drug Overdose Treatment – ("NARCAN").
According to the most recent South Dakota Department of Health numbers, there were 32 apparent accidental drug overdose deaths in South Dakota in the year 2013. Naloxone, the opioid reversal agent sold under the brand name "Narcan," has been used in hospitals for decades to control the effects of opioid medications.
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"Today I join with U.S. Attorney General Eric Holder in the belief that expanding the availability of Naloxone has the potential to save lives. Through proper training and availability, our law enforcement and first responders should have the tools available to save a life in a drug overdose situation, and this legislation will do just that," said Attorney General Jackley.
The proposed legislation authorizes law enforcement and first responders trained and acting under a standing order issued by a physician to possess and administer the opioid reversal agent to a person suffering from an opioid overdose. The legislation would include specific authorization of the Board of Medical and Osteopathic Examiners to promulgate rules for the proper training in both the administering of the opioid reverse agent and in recognition of opioid overdose symptoms and on the overall administration of an opioid reverse agent.
3. Affording Spouses of Active Military Duty the Ability to Obtain a Concealed Weapon
South Dakota law considers a person who is on active military duty status with a home in South Dakota to have satisfied the physical residency requirement of our concealed permit laws. The Attorney General's proposal will expand the same consideration to the spouses of a person who is on active military duty status.
4. Addressing Charitable Raffle, Lottery and Bingo Scams
Recently, South Dakotans have experienced charitable raffles or lotteries in which no prizes were given and there has been a refusal to return donated monies.
"South Dakotans take pride in giving to worthy charities and those in need. This proposed legislation is designed to protect worthy charities and to ensure monies given by generous South Dakotans go to their intended purpose," said Attorney General Jackley.
The proposed legislation will have certain minimal requirements, including a requirement that a prize be awarded or monies returned. Violations would constitute a deceptive act or practice under South Dakota law.
5. Authorizing the Use of Law Enforcement Radio Communication Devices except During the
Commission of a Felony Crime
South Dakota law currently limits the possession and use of law enforcement radio communication devices including police scanners. Any device that actively receives law enforcement or emergency dispatch or audio or emergency dispatch text is currently prohibited and is deemed contraband absent a limited ability of the Attorney General or the legal licensee of each county or municipality to issue a permit allowing the monitoring of assigned frequencies.
"The limitation regarding possession of devices receiving law enforcement communications has become outdated with new technology. The practical approach is to prevent the use of these devices in committing felony crimes and to allow law-abiding citizens to use such devices in keeping a general awareness of law enforcement activities," said Attorney General Jackley.
Based upon new technology developments and in the interest of government transparency, the Attorney General is proposing a repeal of the ban on general possession of devices actively receiving law enforcement or emergency dispatch audio or emergency dispatch text and prohibiting the use of such devices only during the commission of a felony crime.
6. Protecting the Director of the Division of Criminal Investigation and the
Superintendent of the Highway Patrol
Traditionally both the head of the DCI and the Highway Patrol and their immediate Chief Deputies were statutorily protected in the event that either an Attorney General or Governor removed them without cause. The Attorney General's proposed legislation would statutorily provide that in the event either the Director of DCI or the Superintendent of Highway Patrol was removed for other than cause, he or she would be returned to the position which he or she held immediately prior to the appointment.
While the Director of DCI is appointed by and serves under the Attorney General, and the Superintendent of Highway Patrol is appointed by and serves under the Governor, this statute provides an important level of independence and assurance that if either positions or their immediate deputies are acting appropriately that they would not be unfairly treated.
7. Authorizing South Dakota Supreme Court's Jurisdiction over Motions to Correct an Illegal
Based upon recent decisions by the United States Supreme Court, including those dealing with prior juvenile murder sentences, there has been an increase in litigation over correcting a sentence that may have been imposed in violation of recent U.S. Supreme Court interpretations of the federal Constitution. The Attorney General is requesting in these very limited instances that the Legislature provide the South Dakota Supreme Court with the discretionary ability to hear both state or defendant appeals regarding orders granting or denying motions to correct these type of sentences.
8. Updating South Dakota's Lemon Laws
South Dakota has a statutory scheme designed to protect consumers and legitimate car businesses in relation to the purchasing of new vehicles. In South Dakota, the "lemon law rights period" is the period ending one year after the date of the original delivery of a motor vehicle to a consumer, or the first 12,000 miles of operation, whichever occurs first. Currently, South Dakota's lemon law applies to vehicles weighing 10,000 pounds or less. Based upon recent increases in size and weight of vehicles, the Attorney General's Consumer Division is proposing that this be change to apply to vehicles weighing 15,000 pounds or less.
–S.D. Attorney General