South DakotaClemency applicants facing abuse could avoid certain newspaper notices
A qualifying clemency applicant who is a victim of human trafficking or domestic abuse could avoid certain newspaper notice requirements by showing a safety risk.
What it does
Applicants who meet the victim and safety requirements could avoid the notice requirements in section 24-14-4. They must provide their own affidavit and support from two eligible professionals at different agencies.
Using the exception would not remove a victim's other legal rights to receive notice.
Argument forVictims whose safety may be at risk could keep personal information out of newspaper notices while seeking clemency.
Argument againstApplicants might struggle to find two eligible professionals from different agencies, making it harder to qualify for the exception.
More detail
The section 24-14-4 notice requirements would not apply to an applicant recognized as a victim. The provision covers applicants who are victims of human trafficking, domestic abuse, or a similar crime in another state that would count as either crime in South Dakota. The applicant must submit their own affidavit describing the qualifying victimization and stating that newspaper publication of personal information puts their safety at risk. Two eligible professionals from different agencies must submit affidavits supporting the victimization and the applicant's good-faith belief that publication puts their safety at risk. No start date is stated in the supplied text.
The exception would not waive victims' other notification rights. This applies to victims using the exception in this section. Other notification rights under the South Dakota Constitution and applicable laws remain in place.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 579Became Law
- Mar 10Delivered to the Governor on 2026-03-10 H.J. 546To Governor
- Mar 10Signed by the President S.J. 512Passed Senate
- Mar 9Signed by the Speaker H.J. 542Passed House
- Mar 5Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 481
- Mar 3Certified uncontested, placed on consent , Passed, S.J. 33
- Vote recorded Do Pass. Result: pass.Upper
- Mar 3Judiciary Do Pass , Passed, YEAS 7, NAYS 0 S.J. 32Minor
- Mar 3Scheduled for hearing S.J. 1
- Feb 25First read in Senate and referred to Senate Judiciary S.J. 398Minor
- Feb 24House of Representatives Do Pass Amended , Passed, YEAS 66, NAYS 0 H.J. 430
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 24Remove from Consent Calendar H.J. 423
- Feb 20Certified uncontested, placed on consent , Passed, H.J. 23
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 20Judiciary Do Pass Amended , Passed, YEAS 13, NAYS 0 H.J. 23
- Feb 20Judiciary Motion to amend , Passed, H.J. 23 Amendment 1300BMajor
- Feb 20Scheduled for hearing
- Feb 5Referred to House Judiciary H.J. 237Minor
- Feb 4First Reading House H.J. 220Introduced
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