HB 1038 — exclude certain habitual DUI offenders from eligibility for presumptive probation.
Last action — Signed by the Governor on 2024-03-06 H.J. 484
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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14 sponsors
14 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (8 R).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
We don't have the full text on file for this bill yet.
Read HB 1038 on the official South Dakota source →Action History
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Signed by the Governor on 2024-03-06 H.J. 484
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Delivered to the Governor on 2024-02-28 H.J. 420
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Signed by the President S.J. 436
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Signed by the Speaker H.J. 406
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House of Representatives Concurred in amendments , Passed, YEAS 67, NAYS 0 H.J. 385
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Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 376
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Certified uncontested, placed on consent , Passed,
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Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 0
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Judiciary Motion to amend , Passed, Amendment 1038C
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Scheduled for hearing
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First read in Senate and referred to S.J. 167
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House of Representatives Do Pass Amended , Passed, YEAS 68, NAYS 0 H.J. 157
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House of Representatives Deferred to another day , Passed, H.J. 148
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House of Representatives Deferred to another day , Passed, H.J. 96
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Judiciary Do Pass Amended , Passed, YEAS 13, NAYS 0
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Judiciary Motion to amend , Passed, Amendment 1038A
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Scheduled for hearing
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First read in House and referred to H.J. 19
Sponsors
- Teunissen · Primary
- Stalzer · Primary
- Pinnow · Primary
- Carl Perry · Primary
- Al Novstrup · Primary
- Tina Mulally · Primary
- Scott Moore · Primary
- Phil Jensen · Primary
- Kevin Jensen · Primary
- Drury · Primary
- Deutsch · Primary
- Randy Deibert · Primary
- Hoffman · Primary
- Mary Fitzgerald · Primary
Sponsorship breakdown
Export CSV (upgrade) →14 sponsors · 0 co-sponsors · 91 not signed on
Sponsors (14)
- Teunissen
- Stalzer
- Pinnow
- Carl Perry Republican
- Al Novstrup Republican
- Tina Mulally Republican
- Scott Moore Republican
- Phil Jensen Republican
- Kevin Jensen Republican
- Drury
- Deutsch
- Randy Deibert Republican
- Hoffman
- Mary Fitzgerald Republican
Co-sponsors (0)
None.
Not signed on (91)
91 members have not signed on to this bill.
Show all 91 →"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 | 41 | 0 | 0 | 2 |
| Unaffiliated | 23 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 67 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (70)
| Member | Party | Vote |
|---|---|---|
| Bartels | — | Yea |
| Blare | — | Yea |
| Callies | — | Yea |
| Cammack | — | Yea |
| Chaffee | — | Yea |
| Chase | — | Yea |
| Conzet | — | Not Voting |
| Deutsch | — | Yea |
| Donnell | — | Yea |
| Drury | — | Yea |
| Duba | — | Yea |
| Gross | — | Yea |
| Koth | — | Yea |
| Krohmer | — | Yea |
| Krull | — | Yea |
| Lesmeister | — | Yea |
| Mills | — | 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 | Yea |
| Brian Mulder | Republican | Yea |
| Carl Perry | Republican | Yea |
| Chris Karr | Republican | Yea |
| Chris Kassin | Republican | Yea |
| Curt Massie | Republican | Yea |
| David Kull | Republican | Yea |
| Drew Peterson | 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 | Yea |
| Mellissa Heermann | Republican | Yea |
| Mike Derby | Republican | Yea |
| Mike Stevens | Republican | Yea |
| Mike Weisgram | Republican | Yea |
| Peri Pourier | Republican | Yea |
| Phil Jensen | Republican | Yea |
| Rebecca Reimer | Republican | Yea |
| Roger DeGroot | Republican | Not Voting |
| Scott Moore | Republican | Yea |
| Scott Odenbach | Republican | Yea |
| Stephanie Sauder | Republican | Yea |
| Steve Duffy | Republican | Yea |
| Sue Peterson | Republican | Yea |
| Taylor Rehfeldt | Republican | Not Voting |
| 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 | 14 | 0 | 0 | 0 |
| Unaffiliated | 18 | 0 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Bolin | — | Yea |
| Bordeaux | — | Yea |
| Breitling | — | Yea |
| Diedrich | — | Not Voting |
| Frye-Mueller | — | Yea |
| Hoffman | — | Yea |
| Hunhoff | — | Yea |
| Klumb | — | Yea |
| Maher | — | Yea |
| Nesiba | — | Yea |
| Otten (Herman) | — | Yea |
| Schoenbeck | — | Yea |
| Stalzer | — | Yea |
| Tobin | — | Yea |
| Walsh | — | 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 |
| Jack Kolbeck | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| Kyle Schoenfish | Republican | Yea |
| Larry Zikmund | Republican | Yea |
| Michael Rohl | Republican | Yea |
| Randy Deibert | Republican | Yea |
| Steve Kolbeck | Republican | Yea |
| Sydney Davis | Republican | Yea |
| Tim Reed | Republican | Yea |
| Tom Pischke | 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 |
|---|---|---|
| Hoffman | — | Yea |
| Wheeler | — | Yea |
| Walsh | — | Yea |
| Stalzer | — | Yea |
| Helene Duhamel | Republican | Yea |
| Jim Mehlhaff | Republican | Yea |
| Michael Rohl | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 43 | 0 | 0 | 0 |
| Unaffiliated | 22 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 68 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (69)
| Member | Party | Vote |
|---|---|---|
| Bartels | — | Yea |
| Blare | — | Yea |
| Callies | — | Yea |
| Cammack | — | Yea |
| Chaffee | — | Yea |
| Chase | — | Yea |
| Deutsch | — | Yea |
| Donnell | — | Not Voting |
| Drury | — | Yea |
| Duba | — | Yea |
| Gross | — | Yea |
| Koth | — | Yea |
| Krohmer | — | Yea |
| Krull | — | Yea |
| Lesmeister | — | Yea |
| Mills | — | 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 | Yea |
| Brian Mulder | Republican | Yea |
| Carl Perry | Republican | Yea |
| Chris Karr | Republican | Yea |
| Chris Kassin | Republican | Yea |
| Curt Massie | Republican | Yea |
| David Kull | Republican | Yea |
| Drew Peterson | 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 | Yea |
| Mellissa Heermann | Republican | Yea |
| Mike Derby | Republican | Yea |
| Mike Stevens | Republican | Yea |
| Mike Weisgram | Republican | Yea |
| Peri Pourier | Republican | Yea |
| 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 | 10 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Teunissen | — | Yea |
| Tordsen | — | Yea |
| St. John | — | Yea |
| 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 | Yea |
| Scott Odenbach | Republican | Yea |
| Tim Reisch | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 1038?
- HB 1038 is sponsored by Teunissen, Stalzer, Pinnow, Carl Perry (Republican), Al Novstrup (Republican), Tina Mulally (Republican), Scott Moore (Republican), Phil Jensen (Republican), Kevin Jensen (Republican), Drury, Deutsch, Randy Deibert (Republican), Hoffman, and Mary Fitzgerald (Republican).
- What is the current status of HB 1038?
- This bill has been enacted into law. Introduced January 09, 2024. Enacted.
- Where can I track HB 1038?
- Track HB 1038 free on One Click Politics — get push/email alerts when it moves.
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