In minor and probably unintended atonement for his support for Donald Trump, Representative Spencer Gosch (R-23/Glenham) proposes undoing a Legislative favor to pedophiles.
Under South Dakota Codified Law 22-24B-23, convicted sex offenders may not live in a “community safety zone”, defined by SDCL 22-24B-22 as anyplace within 500 feet of a school, park, public playground, domestic abuse shelter, sexual assault shelter, or public pool. The law provides some exemptions, including an exemption for residence at a location prior to the enactment of the law on July 1, 2006. Somehow 2024 Senate Bill 175, a measure whose main intent was to add domestic abuse and sexual assault shelters to community safety zones, included a provision changing the prior residence exemption to July 1, 2024. No one seemed to mind that change; 2024 SB 175 passed unanimously.
But some sex offender up around Glenham must be taking advantage of that exemption, Rep. Gosch and both of his District 23 colleagues are sponsoring House Bill 1076, which sets the prior-residence exemption for sex offenders back to July 1, 2006.
We should note that prior residence does not automatically prevent us from forcing sex offenders to move. Sex offenders hoping to stay in houses they’ve owned near schools, parks, etc., have to be ten years out from their last sex offense, show that they’ve followed the sex offender registry rules, and convince a judge that they are not likely to offend again. But HB 1076 would revoke that privilege for registered sex offenders who’ve lived in the same house or apartment for as much as the last 20 years. HB 1076 includes an emergency clause, so if passed, it would take effect immediately.
Curious: if convicted sex offenders pose such a danger as to warrant this extra punishment of community safety zones restricting their residence and movements (we don’t force thieves to stay from banks or Jason Ravnsborg to stay away from highways and cell phones), why should the state treat an offender who has lived in the neighborhood for decades differently from one who moved there five years ago? Should Rep. Gosch go whole-hog and strike the prior-residence exemption completely?
Well Spencer believes if they live nearby schools they might realize those kids are hungry since the Republicans won’t feed them. By gosh, It’s just a downward spiral.