This bill amends existing laws regarding the reporting of certain mental health information to the National Instant Criminal Background Check System (NICS) in South Dakota. It requires prosecuting attorneys to report the names and identifying information of individuals acquitted of crimes due to insanity or deemed incompetent to stand trial to the attorney general within two hours of the verdict or adjudication, replacing the previous seven-day requirement. Additionally, the attorney general is mandated to transmit this information to NICS and is now required to report individuals who are prohibited from possessing firearms due to mental health determinations, including those who have been involuntarily committed based on being a danger to themselves or others.

Furthermore, the bill introduces new provisions that require the attorney general to transmit any received information to NICS within one working day, provide a copy of this information to the individual or their guardian, and request the removal of this information after eighteen months. It also mandates that the individual or their guardian be notified once the information has been removed. The amendments to the law also specify that the chair of the board of mental illness must report the names of individuals subject to involuntary commitment petitions to the attorney general within two hours of the determination, ensuring timely reporting to the NICS.

Statutes affected:
Introduced, 01/22/2026: 23-7-47, 23-7-48, 27A-10-24