revise certain provisions regarding the crime of rape and provide a penalty therefor.
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SB 91 — revise certain provisions regarding the crime of rape and provide a penalty therefor.
Last action — Signed by the Governor on 2023-03-27 S.J. 494
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 24, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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21 sponsors
21 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 R · 2 D) — cross-party backing.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
We don't have the full text on file for this bill yet.
Read SB 91 on the official South Dakota source →Action History
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Signed by the Governor on 2023-03-27 S.J. 494
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Delivered to the Governor on 2023-03-08 S.J. 467
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Signed by the Speaker H.J. 517
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Signed by the President S.J. 458
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Senate Concurred in amendments , Passed, YEAS 33, NAYS 1 S.J. 451
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House of Representatives Do Pass Amended , Passed, YEAS 66, NAYS 2 H.J. 480
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House of Representatives Motion to amend , Passed, H.J. 479 Amendment 91C
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House of Representatives Deferred to another day , Passed, H.J. 467
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Judiciary Do Pass , Passed, YEAS 10, NAYS 1
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Scheduled for hearing
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First read in House and referred to H.J. 292
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Senate Do Pass Amended , Passed, YEAS 33, NAYS 1 S.J. 249
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Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 0
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Judiciary Motion to amend , Passed, YEAS 5, NAYS 2 Amendment 91A
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Scheduled for hearing
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First read in Senate and referred to S.J. 102
Sponsors
- Kadyn Wittman · Primary
- Tobin · Primary
- Stalzer · Primary
- Michael Rohl · Primary
- Tim Reisch · Primary
- Peri Pourier · Primary
- Carl Perry · Primary
- Jim Mehlhaff · Primary
- Liz Larson · Primary
- Koth · Primary
- Hoffman · Primary
- Mary Fitzgerald · Primary
- Helene Duhamel · Primary
- Duba · Primary
- Diedrich · Primary
- Deutsch · Primary
- Sydney Davis · Primary
- Castleberry · Primary
- Blare · Primary
- Tim Reed · Primary
- Drury · Primary
Sponsorship breakdown
Export CSV (upgrade) →21 sponsors · 0 co-sponsors · 84 not signed on · 2 voted No
Sponsors (21)
- Kadyn Wittman Democratic
- Tobin
- Stalzer
- Michael Rohl Republican
- Tim Reisch Republican
- Peri Pourier Republican
- Carl Perry Republican
- Jim Mehlhaff Republican
- Liz Larson Democratic
- Koth
- Hoffman
- Mary Fitzgerald Republican
- Helene Duhamel Republican Voted No
- Duba
- Diedrich
- Deutsch
- Sydney Davis Republican
- Castleberry
- Blare
- Tim Reed Republican
- Drury
Co-sponsors (0)
None.
Not signed on (84)
84 members have not signed on to this bill.
Show all 84 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 12 | 0 | 0 | 0 |
| Unaffiliated | 19 | 1 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 33 | 1 | 0 | 1 |
| % of votes cast | 94% | 3% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Bolin | — | Yea |
| Bordeaux | — | Yea |
| Breitling | — | Yea |
| Castleberry | — | Not Voting |
| Diedrich | — | Yea |
| Frye-Mueller | — | Yea |
| Hoffman | — | Yea |
| Hunhoff | — | Yea |
| Klumb | — | Yea |
| Kolbeck (Jack) | — | Yea |
| Kolbeck (Steve) | — | Yea |
| Maher | — | Nay |
| Nesiba | — | Yea |
| Otten (Herman) | — | Yea |
| Schoenbeck | — | Yea |
| Stalzer | — | Yea |
| Tobin | — | Yea |
| Wheeler | — | Yea |
| Wiik | — | Yea |
| Wink | — | Yea |
| Johnson (Chris) | — | Yea |
| Liz Larson | Democratic | Yea |
| Red Dawn Foster | Democratic | Yea |
| Al Novstrup | Republican | Yea |
| Arch Beal | Republican | Yea |
| Casey Crabtree | Republican | Yea |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| Kyle Schoenfish | Republican | Yea |
| Larry Zikmund | Republican | Yea |
| Michael Rohl | Republican | Yea |
| Randy Deibert | Republican | Yea |
| Sydney Davis | Republican | Yea |
| Tim Reed | Republican | Yea |
| Tom Pischke | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 39 | 1 | 0 | 2 |
| Unaffiliated | 24 | 1 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 66 | 2 | 0 | 2 |
| % of votes cast | 94% | 3% | 0% | 3% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Bartels | — | Yea |
| Blare | — | Yea |
| Callies | — | Yea |
| Cammack | — | Yea |
| Chaffee | — | Yea |
| Chase | — | Yea |
| Deutsch | — | Yea |
| Donnell | — | Yea |
| Drury | — | Yea |
| Duba | — | Yea |
| Gross | — | Yea |
| Koth | — | Yea |
| Krohmer | — | Yea |
| Krull | — | Yea |
| Lesmeister | — | Yea |
| Mills | — | Yea |
| Olson | — | Nay |
| Peterson (Drew) | — | Yea |
| Pinnow | — | Yea |
| Schneider | — | Yea |
| Teunissen | — | Yea |
| Tordsen | — | Yea |
| Venhuizen | — | Yea |
| Wangsness | — | Yea |
| St. John | — | Yea |
| Eric Emery | Democratic | Yea |
| Erin Healy | Democratic | Yea |
| Kadyn Wittman | Democratic | Yea |
| Aaron Aylward | Republican | Yea |
| Amber Arlint | Republican | Yea |
| Bethany Soye | Republican | Yea |
| Brandei Schaefbauer | Republican | Nay |
| Brian Mulder | Republican | Yea |
| Carl Perry | Republican | Yea |
| Chris Karr | Republican | Yea |
| Chris Kassin | Republican | Yea |
| Curt Massie | Republican | Yea |
| David Kull | Republican | Yea |
| Ernie Otten | Republican | Yea |
| Greg Jamison | Republican | Yea |
| Jessica Bahmuller | Republican | Yea |
| John Sjaarda | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Julie Auch | Republican | Yea |
| Karla Lems | Republican | Yea |
| Kevin Jensen | Republican | Yea |
| Lauren Nelson | Republican | Yea |
| Liz May | Republican | Yea |
| Marty Overweg | Republican | Yea |
| Mary Fitzgerald | Republican | Not Voting |
| Mellissa Heermann | Republican | Yea |
| Mike Derby | Republican | Yea |
| Mike Stevens | Republican | Yea |
| Mike Weisgram | Republican | Yea |
| Peri Pourier | Republican | Not Voting |
| Phil Jensen | Republican | Yea |
| Rebecca Reimer | Republican | Yea |
| Roger DeGroot | Republican | Yea |
| Scott Moore | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Stephanie Sauder | Republican | Yea |
| Steve Duffy | Republican | Yea |
| Sue Peterson | Republican | Yea |
| Taylor Rehfeldt | Republican | Yea |
| Tim Reisch | Republican | Yea |
| Tina Mulally | Republican | Yea |
| Tony Randolph | Republican | Yea |
| Trish Ladner | Republican | Yea |
| Will Mortenson | Republican | Yea |
| William Shorma | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 1 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 2 |
| Total | 10 | 1 | 0 | 2 |
| % of votes cast | 77% | 8% | 0% | 15% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Teunissen | — | Yea |
| Tordsen | — | Not Voting |
| St. John | — | Not Voting |
| Bethany Soye | Republican | Yea |
| Curt Massie | Republican | Yea |
| David Kull | Republican | Yea |
| Jon Hansen | Republican | Yea |
| Mary Fitzgerald | Republican | Yea |
| Mike Stevens | Republican | Yea |
| Peri Pourier | Republican | Yea |
| Rebecca Reimer | Republican | Nay |
| Scott Odenbach | Republican | Yea |
| Tim Reisch | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 12 | 0 | 0 | 0 |
| Unaffiliated | 20 | 1 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 1 |
| Total | 33 | 1 | 0 | 1 |
| % of votes cast | 94% | 3% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Bolin | — | Yea |
| Bordeaux | — | Yea |
| Breitling | — | Yea |
| Castleberry | — | Yea |
| Diedrich | — | Yea |
| Frye-Mueller | — | Yea |
| Hoffman | — | Yea |
| Hunhoff | — | Yea |
| Klumb | — | Yea |
| Kolbeck (Jack) | — | Yea |
| Kolbeck (Steve) | — | Yea |
| Maher | — | Nay |
| Nesiba | — | Yea |
| Otten (Herman) | — | Yea |
| Schoenbeck | — | Yea |
| Stalzer | — | Yea |
| Tobin | — | Yea |
| Wheeler | — | Yea |
| Wiik | — | Yea |
| Wink | — | Yea |
| Johnson (Chris) | — | Yea |
| Liz Larson | Democratic | Yea |
| Red Dawn Foster | Democratic | Not Voting |
| Al Novstrup | Republican | Yea |
| Arch Beal | Republican | Yea |
| Casey Crabtree | Republican | Yea |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| Kyle Schoenfish | Republican | Yea |
| Larry Zikmund | Republican | Yea |
| Michael Rohl | Republican | Yea |
| Randy Deibert | Republican | Yea |
| Sydney Davis | Republican | Yea |
| Tim Reed | Republican | Yea |
| Tom Pischke | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 1 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Diedrich | — | Nay |
| Hoffman | — | Yea |
| Wheeler | — | Yea |
| Stalzer | — | Yea |
| Helene Duhamel | Republican | Nay |
| Jim Mehlhaff | Republican | Yea |
| Michael Rohl | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Diedrich | — | Yea |
| Hoffman | — | Yea |
| Wheeler | — | Yea |
| Stalzer | — | Yea |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| Michael Rohl | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 91?
- SB 91 is sponsored by Kadyn Wittman (Democratic), Tobin, Stalzer, Michael Rohl (Republican), Tim Reisch (Republican), Peri Pourier (Republican), Carl Perry (Republican), Jim Mehlhaff (Republican), Liz Larson (Democratic), Koth, Hoffman, Mary Fitzgerald (Republican), Helene Duhamel (Republican), Duba, Diedrich, Deutsch, Sydney Davis (Republican), Castleberry, Blare, Tim Reed (Republican), and Drury.
- What is the current status of SB 91?
- This bill has been enacted into law. Introduced January 24, 2023. Enacted.
- Where can I track SB 91?
- Track SB 91 free on One Click Politics — get push/email alerts when it moves.
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