FEBRUARY 23, 2024:
South Dakota Attorney General Marty Jackley has announced that all of the office’s legislative bills have now passed the state Legislature in some form and have been signed by Gov. Kristi Noem. The four bills become law on July 1, 2024.
“We introduced these bills this session with the belief they were needed to protect law enforcement and the people of South Dakota,” said Jackley. “Thank you to the legislators and Gov. Noem for their support of this legislation.”
The Attorney General’s Legislative package included:
- House Bill 1028 classifies Xylazine as a Schedule III controlled substance. The legislation still allows the drug to be used for its stated purpose as a veterinary drug. The bill was sponsored by the Attorney General’s Office and the state Department of Health. The bill passed both the House and Senate. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24718
- Senate Bill 24 increases the maximum user fee for a participant voluntarily agreeing to wear a drug patch under the 24/7 sobriety program. The new patches cost more than current fee of $50 due to the increased cost of fentanyl testing. This proposal would raise the fee to no more than $70 for each drug patch that is attached, to be paid for by the participant. The bill passed both the Senate and the House. It was signed by the Governor on Feb. 5. https://sdlegislature.gov/Session/Bill/24891
- Senate Bill 26 clarifies the membership of the five-member Open Meeting Commission to include Deputy State’s Attorneys as well. The bill passed both the Senate and the House. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24893
- Senate Bill 27 fixes a statutory conflict concerning removal from the sex offender registry. The bill was approved by the Senate and House. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24894
- Senate Bill 79 revises various levels of the state’s child pornography crimes and includes the Attorney General’s Office’s Senate Bill 25 which makes Artificial Intelligence-generated child pornography a crime. The legislation, which is a combination of other bills on the same issue, was introduced by Sen. David Wheeler of Huron and Rep. Fred Deutsch of Florence with the involvement of the Attorney General’s Office. The bill was approved by the Senate and the House. It was signed by the Governor on Feb. 12. https://sdlegislature.gov/Session/Bill/24991
- House Bill 1028, the Xylazine bill, included an emergency clause that allowed the bill to go into effect once it was signed by the Governor.
FEBRUARY 12, 2024:
South Dakota Governor Kristi Noem has signed (Feb. 12, 2024) a bill revising certain definitions to the state’s current child pornography law.
Senate Bill 79 includes the provisions proposed by the Attorney General’s Office that would make AI-generated child porn a crime. That includes “deepfake” images or videos of an actual child that have been manipulated to make it look like the child was engaged in prohibited sexual acts.
Attorney General Marty Jackley says AI-generated child porn “has become an increasing concern nationwide and in South Dakota, and this legislation will provide law enforcement with greater tools to protect children and address this concern.”
JANUARY 25, 2024:
South Dakota Attorney General Marty Jackley is thanking state legislators for their bi-partisan support for the Attorney General’s Office’s legislative package.
As of Thursday afternoon (Jan. 25, 2024), all five bills in the package have either been approved by one or both chambers. One bill has already been passed both chambers and is awaiting the Governor’s signature.
“We appreciate the efforts by lawmakers of both parties to hear our bills, strengthen them, and then lend their support,” said Attorney General Jackley.
Here is an update on the progress of the office’s bills so far this session:
- House Bill 1028 would classify Xylazine as a Schedule III controlled substance. The bill is sponsored by the Attorney General’s Office and the state Department of Health. The bill has been unanimously approved by both the House Health and Human Services Committee and by the full House. It now goes to the Senate. https://sdlegislature.gov/Session/Bill/24718
- Senate Bill 24 would increase the maximum user fee for a participant submitting to wear a drug patch under the 24/7 sobriety program to up to $70. The bill has passed both the Senate and the House and is awaiting the Governor’s signature. https://sdlegislature.gov/Session/Bill/24891
- Senate Bill 26 would clarify the membership of the five-member Open Meeting Commission to include Deputy State’s Attorneys as well. The bill has been unanimously approved by both the Senate Judiciary Committee and the full Senate. The bill now goes to the House. https://sdlegislature.gov/Session/Bill/24893
- Senate Bill 27 would fix a statutory conflict concerning removal from the sex offender registry. The bill has been unanimously approved both by the Senate Judiciary Committee and the full Senate. The bill now goes to the House. https://sdlegislature.gov/Session/Bill/24894
- Senate Bill 79 would revise various levels of child pornography crimes and includes the Attorney General’s Office’s Senate Bill 25 which would make Artificial Intelligence-generated child pornography a crime. The legislation, which is a combination of other bills on the same issue, was introduced by Sen. David Wheeler of Huron and Rep. Fred Deutsch of Florence with the involvement of the Attorney General’s Office. The bill was unanimously approved Tuesday by the Senate Judiciary Committee and unanimously approved Thursday by the full Senate. It now goes to the House. https://sdlegislature.gov/Session/Bill/24991
JANUARY 23, 2024:
Senate Bill 79, which revises various levels of child pornography crime and which also includes the Attorney General’s Office’s bill that would make Artificial Intelligence-generated child pornography a crime, was unanimously approved Tuesday (Jan. 23, 2024) by the State Senate Judiciary Committee.
The bill clarifies and strengthens the sections of the crimes of possession, distribution, and manufacturing of child pornography. The legislation, which is a combination of other bills on the same issue, was introduced by Sen. David Wheeler of Huron and Rep. Fred Deutsch of Florence.
Included in SB 79 bill is language first proposed by the Attorney General’s Office in Senate Bill 25 That bill would revise certain definitions to the current child pornography laws and criminalize the possession, manufacturing, or distribution of child pornography to include Artificial Intelligence (AI) generated image and videos. That would include “deepfake” images or videos of an actual child that have been manipulated to make it look like the subject is a child engaged in prohibited sexual acts and AI-generated images that do not depict any actual person but are created to look like a child engaged in prohibited sexual acts.
“This legislation strengthens and further clarifies South Dakota’s child pornography protections,” said Attorney General Marty Jackley, who spoke in support of SB 79. “With this legislation, those protections would include Artificial Intelligence-generated child pornography, and I applaud Sen. Wheeler and Rep. Deutsch for their work in strengthening our laws.”
The bill now goes to the full Senate.
Senate Bill 79 can be found here: https://sdlegislature.gov/Session/Bill/24991
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