An Act to establish a safe harbor for child survivors of certain forms of human trafficking.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 22-23 be amended with a NEW SECTION:

A law enforcement officer who encounters a minor suspected of or known to have engaged in conduct in violation of § 22-23-1, whether or not the officer takes the minor into custody, shall:

(1) Immediately report to child protective services that the child is a suspected victim of trafficking;

(2) Immediately contact the human trafficking statewide coordinator to initiate and coordinate a service response through the appropriate child advocacy center; and

(3) Release the child to the child's parents, guardian, or custodian if it is safe and appropriate to do so, or to child protective services if there is reason to believe the child's safety would be compromised or at risk if the child was returned to the child's parent, guardian, or custodian.