When a court dismisses or denies a petition for a protection order in South Dakota, court files must now be sealed so the public cannot access them. If a petition is dismissed without a hearing, sealing happens automatically; if it's denied after a hearing, the judge must first find that the petition had no legal basis and was harassing or frivolous. Law enforcement must also be notified to make their records of the petition nonpublic.
The amendment substantially STRENGTHENS the bill by changing court file sealing from discretionary ("may") to mandatory ("must") for dismissed protection order petitions, and adds an entirely new requirement that courts also seal files when denying petitions if they find them frivolous or filed in bad faith, with law enforcement notification provisions. The bill now covers both protection orders under chapter 22-19A and domestic abuse orders under chapter 25-10, applying retroactively to electronically maintained records.
The amendment converted the bill from its engrossed (committee-revised) form to its enrolled (final passed) form by removing procedural markup language and adding official signature and certification pages required for enactment. The substantive provisions of the bill remain unchanged—it still requires sealing of court files for dismissed or denied protection order petitions under both domestic abuse and harassment statutes.
Signed by the Governor H.J. 578
Delivered to the Governor H.J. 556
Signed by the President S.J. 512
Signed by the Speaker H.J. 542
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 482
Judiciary Do Pass Passed, YEAS 7, NAYS 0. S.J. 33
Judiciary Scheduled for hearing S.J. 1
Senate Referred to Senate Judiciary S.J. 340
First Reading Senate S.J. 311
House of Representatives Do Pass Amended Passed, YEAS 58, NAYS 9. H.J. 360
Judiciary Do Pass Amended Passed, YEAS 10, NAYS 1.
Judiciary Motion to amend
Judiciary Scheduled for hearing H.J. 1
First read in House and referred to House Judiciary H.J. 113
Do Pass Amended
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended