An Act to require law enforcement notice to school officials when a student is suspected of violating state drug or alcohol laws or of threatening violence.

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

Section 1. That § 26-11-5.1 be AMENDED:

26-11-5.1. Notwithstanding any other provision of law, a law enforcement agency may shall provide notice of an incident within its jurisdiction to public or nonpublic school officials and to the parent or guardian of a school student if the incident is one in which the agency has probable cause to believe the school student has violated any provision of state law involving alcohol, illegal drugs, firearms, or bomb threats, or has made any threat of violence relating to any school or its students, employees, or property. However, if there is a prolonged criminal investigation and revealing information would jeopardize a successful conclusion to the case, the law enforcement agency may provide the notice at some later, appropriate time. The notice shall be in writing. The notice shall be confidential.