South Dakota is removing a legal exception that previously allowed people accused of violating custody or visitation orders to receive probation instead of facing contempt charges. The bill eliminates two sections of law (§ 25-4A-6 and § 25-4A-7) that created this probation option, making violations of custody and visitation decrees subject to stricter penalties without the possibility of probation as an alternative.
This bill does not directly amend codified state law.
The enrolled version removes detailed procedural language about probation violations, revocation motions, and arrest warrants while keeping the core repeal of probation provisions for contempt of custody or visitation decrees—this primarily NARROWS the bill by eliminating statutory specifics about how probation violations would be handled after the repeal takes effect.
Signed by the Governor H.J. 480
Delivered to the Governor H.J. 438
Signed by the President S.J. 388
Signed by the Speaker H.J. 417
Senate Do Pass Passed, YEAS 33, NAYS 1. S.J. 346
Judiciary Do Pass Passed, YEAS 6, NAYS 1. S.J. 26
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 93
House of Representatives Do Pass Passed, YEAS 67, NAYS 0. H.J. 115
Judiciary Certified uncontested, placed on consent H.J. 1
Judiciary Do Pass Passed, YEAS 12, NAYS 0. H.J. 1
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 13
Do Pass
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass