HB 1007 — amend the definition of law enforcement officer to include tribal law enforcement officers.

26.216.1826.216.19 101st Legislative Session 1007 South Dakota Legislature House Bill 1007 HOUSEENROLLED ENGROSSEDA IntroducedN by:A CT ENTITLED An Act to amend the definition of law enforcement officer to include tribal law enforcement officers.

RepresentativesB Emery,E Baxter,IT Mortenson,ENACTED Odenbach,BY andTHE PourierL andEGISLATURE SenatorsOF Grove,THE Foster,S Rohl,TATE andOF SmithS atOUTH theD requestAKOTA of: the State-Tribal Relations An Act to amend the definition of law enforcement officer to include tribal law enforcement officers.

B E IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH D AKOTA :

Overstrikes26.216.19 indicate2 deleted1007 language.(e) The words, "neglect, negligently," and all words derived thereof, import a want of attention to the nature or probable consequences of an act or omission which a prudent person ordinarily bestows in acting in his or her own concerns;

26.216.18 2 1007 (e) The words, "neglect, negligently," and all words derived thereof, import a want of attention to the nature or probable consequences of an act or omission which a prudent person ordinarily bestows in acting in his or her own concerns;

OverstrikesHB1007 indicateENROLLED deleted26.216.19 language.3 1007 (8) "Controlled weapon" includes any firearm silencer, machine gun, or short shotgun, as those terms are defined in subdivisions (17), (23), and (46) of this section;

26.216.18 3 1007 (8) "Controlled weapon" includes any firearm silencer, machine gun, or short shotgun, as those terms are defined in subdivisions (17), (23), and (46) of this section;

(h) Communications services facility, infrastructure or equipment involved in the carriage of essential communications services for both wired and OverstrikesHB1007 indicateENROLLED deleted26.216.19 language.4 1007 wireless communications, switching, routing, repeater/amplifier equipment or other electronic equipment, macro and micro wireless towers using federally licensed spectrum, video headend equipment, and satellite communications receiver or transmission equipment;

26.216.18 4 1007 wireless communications, switching, routing, repeater/amplifier equipment or other electronic equipment, macro and micro wireless towers using federally licensed spectrum, video headend equipment, and satellite communications receiver or transmission equipment;

(j) Facility either(i) whose owner or operator is required to submit a risk management plan under the federal Chemical Safety Information, Site Security,Security and Fuels Regulatory Relief ActAct, (4242 U.S.C.7412(r));U.S.C.

or(ii) is identified and regulated by the United States Department of Homeland Security Chemical Facility Anti–Terrorism Standards (CFATS) program;

or, 42 U.S.C.

Overstrikesany indicatedevice, deletedalthough language.originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device;

26.216.18surplus 5ordnance 1007sold, anyloaned device,or althoughgiven originallyby designedthe forsecretary useof asHB1007 aENROLLED weapon,26.216.19 which5 is1007 redesignedthe forarmy usepursuant asto athe signaling,provisions pyrotechnic,of line10 throwing,U.S.C. safety or similar device;

surplus ordnance sold, loaned or given by the secretary of the army pursuant to the provisions of 10 U.S.C.

(22) "Law enforcement officer," any officer, prosecutor, or employee of the state or any of its political subdivisions or of the United States, or, while on duty, an agentindividual orwho Overstrikesis: indicate deleted language.

26.216.18 6 1007 employee of a railroad or express company or security personnel of an airline or airport, who is responsible an individual who is:

HB1007 ENROLLED 26.216.19 6 1007 (i) An officer, prosecutor, agent, or employee of the state or any of its political subdivisions or the United States;

Overstrikes(28) indicate"Occupied deletedstructure," language.any structure:

26.216.18 7 1007 (28) "Occupied structure," any structure:

HB1007 ENROLLED 26.216.19 7 1007 (29) "Offense" or "public offense," any crime, petty offense, violation of a city or county ordinance, or act prohibited by state or federal law;

Property Overstrikesin indicatepossession deletedof language.an actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement;

26.216.18 8 1007 in possession of an actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement;

HB1007 ENROLLED 26.216.19 8 1007 (39) "Public officer," any person who holds a position in the state government or in any of its political subdivisions, by election or appointment, for a definite period, whose duties are fixed by law, and who is invested with some portion of the sovereign functions of government;

Overstrikes(50) indicate"Stun deletedgun," language.any battery-powered, pulsed electrical device of high voltage and low or no amperage that can disrupt the central nervous system and cause temporary loss of voluntary muscle control of a person;

26.216.18 9 1007 (50) "Stun gun," any battery-powered, pulsed electrical device of high voltage and low or no amperage that can disrupt the central nervous system and cause temporary loss of voluntary muscle control of a person;

HB1007 ENROLLED 26.216.19 9 1007 (53) "Victim," any natural person against whom the defendant in a criminal prosecution has committed or attempted to commit a crime;

OverstrikesHB1007 indicateENROLLED deleted26.216.19 language.10 1007 An Act to amend the definition of law enforcement officer to include tribal law enforcement officers.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

House as Bill No.

1007 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.

1007 By File No.

____ Asst.

Secretary of State Chapter No.

______ HB1007 ENROLLED