South Dakota 2026 Regular Session Status: Enacted Bipartisan · 10 R · 3 D cosponsors

HB 1126 — revise a provision related to driving under the influence.

Last action — Signed by the Governor on 2026-03-09 H.J. 534

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

This bill has been enacted into law. Introduced January 26, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on March 09, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    13 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 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

What changed in the latest version

76 added · 50 removed

Plain-language change summary

The revisions to Bill HB 1126 clarify the criteria for classifying a driving under the influence (DUI) offense as aggravated. Specifically, the bill now states that a person must have at least five prior DUI convictions within a fifteen-year timeframe, rather than six, to face mandatory sentencing and license revocation. This change aims to impose stricter penalties for repeat offenders, enhancing public safety by discouraging repeated DUI offenses. Additionally, the specified requirements for incarceration and participation in accountability programs remain in place to promote rehabilitation and reduce recidivism.

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26.747.9 101st Legislative Session 1126 South Dakota Legislature House Bill 1126 Introduced by:
26.747.10 101st Legislative Session 1126 South Dakota Legislature House Bill 1126 ENROLLED A N ACT ENTITLED An Act to revise a provision related to driving under the influence.
Representative Walburg An Act to revise a provision related to driving under the influence.
B E IT ENACTED BY THE L EGISLATURE OF THE S TATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
If a person is convicted of an aggravated violation of § 32-23-1 offense and the person has at least six five convictions of § 32-23-1 occurring within fifteen years of the violation being charged, the court must sentence the person to at least six years in a state correctional facility, one year of which must be served on parole, unless refused pursuant to § 24-15A-15.
If a person is convicted of an aggravated offense and the person has at least five convictions of § 32-23-1 occurring within fifteen years of the violation being charged, the court must sentence the person to at least six years in a state correctional facility, one year of which must be served on parole, unless refused pursuant to § 24-15A- 15.
Overstrikes indicate deleted language.
26.747.10 2 1126 Upon the person's successful completion of a court-approved chemical dependency counseling program and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, or aftercare.
26.747.9 2 1126 Upon the person's successful completion of a court-approved chemical dependency counseling program and proof of financial responsibility pursuant to § 32-35-113, the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, or aftercare.
For any person convicted under this section and placed on probation or parole, or released from prison due to a suspended sentence, the person's supervision must include at least one of the following:
For any person convicted under this section and placed on probation, or parole, or released from prison due to a suspended sentence, the person's supervision must include at least one of the following:
Overstrikes indicate deleted language.
HB1126 ENROLLED 26.747.10 3 1126 An Act to revise a provision related to driving under the influence.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
House as Bill No.
1126 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:
Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:
at _________ o'clock __M.
Secretary of the Senate Secretary of State House Bill No.
1126 By File No.
____ Asst.
Secretary of State Chapter No.
______ HB1126 ENROLLED
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Action History

  1. Signed by the Governor on 2026-03-09 H.J. 534

  2. Delivered to the Governor on 2026-03-05 H.J. 520

  3. Signed by the President S.J. 470

  4. Signed by the Speaker H.J. 492

  5. Senate Do Pass , Passed, YEAS 33, NAYS 0 S.J. 426

  6. Certified uncontested, placed on consent , Passed,

  7. Judiciary Do Pass , Passed, YEAS 4, NAYS 0

  8. Scheduled for hearing S.J. 1

  9. First read in Senate and referred to Senate Judiciary S.J. 161

  10. House of Representatives Do Pass , Passed, YEAS 65, NAYS 0 H.J. 182

  11. Certified uncontested, placed on consent , Passed,

  12. Judiciary Do Pass , Passed, YEAS 13, NAYS 0

  13. Scheduled for hearing

  14. First read in House and referred to House Judiciary H.J. 135

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 92 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"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

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Bethany Soye Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Jana Hunt Republican Yea
John Hughes Republican Yea
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mike Stevens Republican Yea
Peri Pourier Republican Yea
Rebecca Reimer Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Will Mortenson Republican Yea

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 HB 1126?
HB 1126 is sponsored by Kadyn Wittman (Democratic), Tim Reed (Republican), Tom Pischke (Republican), Carl Perry (Republican), Erik Muckey (Democratic), Scott Moore (Republican), David Kull (Republican), Kevin Jensen (Republican), Leslie Heinemann (Republican), Tim Goodwin (Republican), Eric Emery (Democratic), Helene Duhamel (Republican), and Tim Walburg (Republican).
What is the current status of HB 1126?
This bill has been enacted into law. Introduced January 26, 2026. Enacted.
Where can I track HB 1126?
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