South Dakota 2026 Regular Session Status: Enacted

SB 42 — enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

Last action — Signed by the Governor on 2026-03-30 S.J. 548

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 13, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on March 30, 2026.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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

What changed in the latest version

73 added · 47 removed

73 line(s) added, 47 removed.

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26.456.16 101st Legislative Session 42 South Dakota Legislature Senate Bill 42 SENATE ENGROSSED Introduced by:
26.456.17 101st Legislative Session 42 South Dakota Legislature Senate Bill 42 ENROLLED A N A CT ENTITLED An Act to enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.
The Chair of the Committee on Judiciary at the request of the Attorney General An Act to enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.
B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE L EGISLATURE OF THE STATE OF SOUTH D AKOTA :
(3) Any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, except as authorized by the Department of Corrections, is a Class 4 Class 3 felony;
(3) Any prescription or nonprescription drug or controlled substance, as defined by chapter 34-20B, except as authorized by the Department of Corrections, is a Class felony;
Overstrikes indicate deleted language.
26.456.17 2 42 (1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, shall order that the person complete a drug and alcohol evaluation and complete supervised probation using evidence-based sentencing practices, which may include the HOPE probation program and other programs as established in chapter 16-22;
26.456.16 2 42 (1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, shall order that the person complete a drug and alcohol evaluation and complete supervised probation using evidence-based sentencing practices, which may include the HOPE probation program and other programs as established in chapter 16-22;
and (3) A third or subsequent violation, occurring within ten years of the person's first conviction, is a Class 6 felony;
(3) A third or subsequent violation, occurring within ten years of the person's first conviction, is a Class 6 felony;
(4) A violation by an inmate under confinement in a state correctional facility is a Class 5 felony;
(4) A violation by an inmate under confinement in a state correctional facility is a Class felony;
Overstrikes indicate deleted language.
SB42 ENROLLED 26.456.17 3 42 An Act to enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
42 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:
Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:
at _________ o'clock __M.
Chief Clerk of the House Secretary of State Senate Bill No.
42 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB42 ENROLLED
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Action History

  1. Signed by the Governor on 2026-03-30 S.J. 548

  2. Delivered to the Governor on 2026-03-09 S.J. 488

  3. Signed by the Speaker H.J. 530

  4. Signed by the President S.J. 470

  5. House of Representatives Do Pass Amended , Passed, YEAS 55, NAYS 11 H.J. 491

  6. Judiciary Do Pass , Passed, YEAS 10, NAYS 1 H.J. 31

  7. Scheduled for hearing

  8. First read in House and referred to House Judiciary H.J. 194

  9. Senate Do Pass Amended , Passed, YEAS 26, NAYS 7 S.J. 147

  10. Deferred with pending amendment (Rule 5-17) , Passed, S.J. 133

  11. Senate Motion to amend , Passed, S.J. 132 Amendment 42A

  12. Fiscal Note Requested , Passed, S.J. 59

  13. Judiciary Do Pass , Passed, YEAS 4, NAYS 2 S.J. 1

  14. Scheduled for hearing

  15. First read in Senate and referred to Senate Judiciary S.J. 13

Sponsors

  • Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on · 18 voted No

Sponsors (1)

  • Judiciary

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass Amended

Passed 55 Yea · 11 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 53703
Democratic 0401
Unaffiliated 2000
Total 551104
% of votes cast 79%16%0%6%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Nay
Erik Muckey Democratic Not Voting
Erin Healy Democratic Nay
Kadyn Wittman Democratic Nay
Nicole Uhre-Balk Democratic Nay
Aaron Aylward Republican Nay
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Yea
Brian Mulder Republican Nay
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Yea
Greg Jamison Republican Yea
Heather Baxter Republican Nay
Jana Hunt Republican Yea
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Yea
John Hughes Republican Yea
John Shubeck Republican Yea
John Sjaarda Republican Yea
Jon Hansen Republican Yea
Josephine Garcia Republican Yea
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Yea
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Nay
Logan Manhart Republican Yea
Marty Overweg Republican Nay
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mellissa Heermann Republican Yea
Mike Derby Republican Yea
Mike Stevens Republican Yea
Mike Weisgram Republican Yea
Nick Fosness Republican Yea
Peri Pourier Republican Nay
Phil Jensen Republican Yea
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Nay
Spencer Gosch Republican Yea
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Not Voting
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Yea
Tony Kayser Republican Yea
Tony Randolph Republican Yea
Travis Ismay Republican Yea
Trish Ladner Republican Yea
Will Mortenson Republican Yea
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 10 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 10002
Democratic 0100
Total 10102
% of votes cast 77%8%0%15%
How each member voted (13)
Member Party Vote
Kadyn Wittman Democratic Nay
Curt Massie Republican Yea
David Kull Republican Yea
Jana Hunt Republican Yea
John Hughes Republican Not Voting
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mike Stevens Republican Yea
Peri Pourier Republican Yea
Rebecca Reimer Republican Yea
Tim Reisch Republican Not Voting
Tim Walburg Republican Yea
Will Mortenson Republican Yea

Official roll call →

Do Pass Amended

Passed 26 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 25402
Democratic 0300
Unaffiliated 1000
Total 26702
% of votes cast 74%20%0%6%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Nay
Liz Larson Democratic Nay
Red Dawn Foster Democratic Nay
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Yea
Carl Perry Republican Yea
Casey Crabtree Republican Yea
Chris Karr Republican Yea
Curt Voight Republican Yea
Glen Vilhauer Republican Yea
Greg Blanc Republican Yea
Helene Duhamel Republican Yea
Jim Mehlhaff Republican Yea
John Carley Republican Yea
Joy Hohn Republican Nay
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Nay
Larry Zikmund Republican Yea
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Yea
Mykala Voita Republican Yea
Paul Miskimins Republican Yea
Randy Deibert Republican Yea
Sam Marty Republican Yea
Stephanie Sauder Republican Yea
Steve Kolbeck Republican Yea
Sue Peterson Republican Yea
Sydney Davis Republican Not Voting
Taffy Howard Republican Yea
Tamara Grove Republican Nay
Tim Reed Republican Yea
Tom Pischke Republican Nay

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 42?
SB 42 is sponsored by Judiciary.
What is the current status of SB 42?
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Where can I track SB 42?
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