PIERRE, S.D. (SDBA) – Some sex offenders who committed their crimes out of state could petition to get off the South Dakota state sex offenders list under a bill passed this morning (Friday) by the House Judiciary Committee.
SB 176 would allow an individual taken off an out-of-state sex offender list to petition to be removed from the South Dakota sex offender registry.
It would also allow a person who committed a crime in the other state that was not an offense that would land them on the South Dakota registry to petition to be removed.
Supporters said they wanted to treat all South Dakotans the same.
The measure passed the committee 11 to 2.
Republican Rep. Mike Stevens from Yankton said that under current law, the state’s courts cannot remove someone from the list whose sex offense occurred in another state.
He said this bill would allow the person to petition a South Dakota circuit court to remove them if the law they broke in the other state is not a sex offense-registrable crime in South Dakota.
Republican Rep. Mary Fitzgerald from Spearfish opposed the bill.
She said that in the case of children being raped, they live with the consequences their entire lives.
Fitzgerald said offenders should also have to pay for their crime for the rest of their lives.
Bill supporters said the process would still be arduous, and judges would still have the discretion to keep or remove the person from the sex offender registry.
The measure now goes to the House. It has already passed the Senate.
