This amendment strips out all the detailed probation procedures from the introduced version and replaces them with standard legislative enrollment formatting and signature blocks, effectively gutting the substantive policy content—the bill now simply repeals two statutes (§ 25-4A-6 and § 25-4A-7) that allowed probation for contempt of custody or visitation decrees without specifying what replaces those provisions. The change transforms the bill from a detailed revision of probation terms into a bare repeal, significantly weakening the original framework for handling contempt violations.
26.288.9 26.288.10 101st Legislative Session 1012 2026 South Dakota Legislature House Bill 1012 Introduced by: The Chair of the Committee on Judiciary at the request of the Chief Justice Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise and repeal provisions allowing probation for contempt of a custody 1 or visitation decree. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 25-4A-8 be AMENDED: 4 25-4A-8. The provisions of § 23A-38-2 do not apply to §§ 25-4A-1 to 25-4A-7 25-5 4A-5, 25-4A-5, inclusive. 6 Section 2. That § 25-4A-6 be REPEALED. 7 The contemnor may be placed on probation for a period of time, not to exceed five 8 years or until discharge. The probation, if warranted, may be supervised by a probation 9 officer who shall, if directed by the court, require reports from the contemnor and visit 10 with the contemnor at the contemnor's home. 11 Section 3. That § 25-4A-7 be REPEALED. 12 Any violation 26.288.10 2 1012 HB1012 ENROLLED An Act to revise and repeal provisions allowing probation for contempt of a custody or visitation decree. I certify that the attached Act originated in the: House as Bill No. 1012 Chief Clerk of the terms and conditions House Speaker of the probation imposed by House Attest: Chief Clerk of the court 13 may be brought before House President of the court by a motion to revoke probation. Senate Attest: Secretary of the Senate House Bill No. 1012 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The motion to revoke 14 probation may be made by attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the original moving party, the attorney general, or the state's 15 attorney. If the motion to revoke probation alleges a prima facie case that the probationer 16 has violated a term or condition Secretary of probation, the court may cause the probationer's arrest 17 by warrant. An arrested probationer shall be brought promptly before the court causing 18 the arrest. 19 State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State