South Dakota 2024 Regular Session

South Dakota Senate Bill SB15

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
1/16/24  
Report Pass
1/17/24  
Engrossed
1/18/24  
Refer
1/19/24  
Report Pass
2/21/24  
Enrolled
2/22/24  

Caption

Require a convicted defendant to reimburse the cost of digital forensic examination fees.

Impact

The bill modifies existing statutes regarding financial penalties for convicted individuals, specifically introducing new requirements that place an additional financial burden on defendants. By mandating that convicted offenders cover the costs of digital forensic examinations, the legislation emphasizes the importance of thorough investigations in modern criminal cases, particularly those related to cybercrimes. This move is expected to enhance funding for necessary technological resources and training for law enforcement agencies dealing with internet crimes, thereby potentially improving the overall efficacy of investigations.

Summary

Senate Bill 15 aims to require defendants convicted of felonies or misdemeanors to reimburse the cost of digital forensic examinations performed as part of their investigation and prosecution. The bill stipulates that defendants must pay up to ninety-five dollars for each personal electronic device involved. The funds collected will be directed into a newly established internet crimes investigation fund, which will be utilized for various operational expenses related to internet crime investigations, particularly those involving children.

Sentiment

The sentiment surrounding SB15 appears generally supportive among lawmakers who recognize the necessity of addressing digital crimes more effectively. Proponents argue that requiring defendants to cover these costs aligns accountability with the realities of modern criminal justice, particularly in the context of increasing digital offenses. However, there may be some concerns regarding fairness and equity, as this bill imposes additional costs on defendants who may already be financially disadvantaged, leading to potential debates over access to justice.

Contention

While the bill has garnered broad support, especially in a climate focused on tackling digital crime, it is not without contention. Critics may argue that imposing such fees on convicted individuals could exacerbate economic disparities, making it even more challenging for low-income defendants to navigate the justice system. Furthermore, there are discussions around how this would affect the overall penal system, particularly regarding rehabilitation versus punitive measures, and whether such costs impede the rehabilitation of offenders.

Companion Bills

No companion bills found.

Previously Filed As

SD SB54

Require a convicted defendant to reimburse for the cost of digital forensic examination fees.

SD SB52

Update certain provisions regarding the Department of Corrections and the authority of the Secretary of Corrections.

SD SB51

Revise certain provisions regarding the reimbursement of county expenses in detaining parole violators.

SD HB1102

Clarify and modify requirements related to the medical cannabis program.

SD SB72

Revise provisions related to the discharge of a defendant restored to competency.

SD HB1153

Update travel expenses, moving expenses, and other reimbursements.

SD SB64

Repeal provisions related to the jail mental health screening pilot program and oversight council.

SD HB1204

Make an appropriation for the reimbursement of certain costs incurred in providing medical services to an adopted child and to declare an emergency.

SD HB1166

Revise certain provisions related to mileage reimbursement.

SD SB78

Create the South Dakota Board of Physical Therapy and make an appropriation therefor.

Similar Bills

No similar bills found.