Senate Bill 42

  • Status: Passed Senate
  • Position: Oppose
  • Bill Number: SB 42
  • Session: 2026
  • Latest Update: February 2, 2026
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Background: Senate Bill 42 is an act to enhance the penalties for ingestion, possession, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

Our Stance: The ACLU of South Dakota opposes Senate Bill 42.

This bill would put the ingestion charge back in place. This has the potential to add another 25 years to a person's sentence. We should be seeking out the sources of drug trafficking, not punishing those who are already incarcerated.

Sponsors:
The Chair of the Committee on Judiciary at the request of the Attorney General