25.649.9 100th Legislative Session 96
2025 South Dakota Legislature
Senate Bill 96
Introduced by: Senator Davis
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise eligibility requirements for the crime victims' compensation 1
program. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 23A-28B-25 be AMENDED: 4
23A-28B-25. No claim for compensation may be awarded: 5
(1) Unless an application for compensation is filed with the department within one year 6
after the date of the personal injury or death and the personal injury or death was 7
the result of a crime which had been that was reported to a law enforcement officer 8
or agency within five days of its occurrence, or, if the crime could not reasonably 9
have been reported within that period, within five days of the date when a report 10
could reasonably have been made. The department may waive the one year one-11
year application requirement for good cause shown; 12
(2) If the victim: 13
(a) Engaged in conduct which that substantially contributed to the infliction of 14
the victim's injury or death, or engaged in conduct which that the victim 15
should reasonably have foreseen could lead to the injury or death. However, 16
this This subsection does not apply to any victim defined in subsections 17
23A-28B-1(12)(b) and or (c); to any victim who was a minor at the time 18
the offense occurred; or to any victim of: a sex offense under chapter 22-19
22; human trafficking under chapter 22-49; abuse, neglect, or exploitation 20
of an elder or an adult with a disability under chapter 22-46; domestic 21
abuseunder as defined by § 25-10-1; or child abuse, neglect, or exploitation 22
under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult 23
with a disability under chapter 22-46; 24
(b) Committed or otherwise participated in a crime which that caused or 25
contributed to the victim's injury or death; or 26 25.649.9 2 96
Underscores indicate new language.
Overstrikes indicate deleted language.
(c) Fails or refuses to cooperate fully with any appropriate law enforcement 1
officer or agency, or with the department in the administration of this 2
chapter. If a claimant other than a victim fails or refuses to cooperate 3
pursuant to this subsection, no compensation may be awarded to that 4
claimant; or 5
(3) To any claimant, if the award would unjustly benefit an offender or an accomplice. 6