FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the testimony of sex
offense victims and to evidence of a victim's prior sexual conduct and to establish the
rationale and effect of the repeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-22-15 be repealed.
23A-22-15. In prosecutions for a sex offense under chapter 22-22, evidence of specific
instances of a victim's prior sexual conduct shall not be admitted nor reference made thereto
before the jury or jury panel, except as provided in this section. Whenever a party proposes to
offer evidence concerning a victim's prior sexual conduct, the court shall first conduct a hearing
in the absence of the jury and the public to consider and rule upon the relevancy and materiality
of the evidence. (SL 2010, ch 127, § 1 repealed this section. SL 2010, ch 127, § 3 provides:
"The provisions of this Act are not effective unless, prior to the effective date of this Act [July
1, 2010], the Supreme Court adopts a new rule substantially equivalent to federal rule of
evidence 412 and provides that the rule becomes effective upon the legislative repeal of §§ 23A-22-15 and 23A-22-15.1.")
Section 2. That § 23A-22-15.1 be repealed.
23A-22-15.1. The testimony of the complaining witness in a trial for a charge of a sex
offense under chapter 22-22 may not, merely because of the nature of that charge, be treated in
any different manner than the testimony of a complaining witness in any other criminal case.
(SL 2010, ch 127, § 2 repealed this section. SL 2010, ch 127, § 3 provides: "The provisions of
this Act are not effective unless, prior to the effective date of this Act [July 1, 2010], the
Supreme Court adopts a new rule substantially equivalent to federal rule of evidence 412 and
provides that the rule becomes effective upon the legislative repeal of §§ 23A-22-15 and 23A-22-15.1.")
Section 3. The provisions of this Act are in accordance with the Supreme Court's adoption
of Rule 10-13 concerning the adoption of Federal Rule of Evidence 412 relating to the relevance
of past sexual behavior of an alleged victim in sex offense cases (federal rape shield law),
effective July 1, 2012, contingent upon the legislative repeal of §§ 23A-22-15 and 23A-22-15.1.