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 changed sealing from discretionary ("may") to mandatory ("must") for dismissed petitions, added a new requirement to seal denied petitions upon finding they lack basis in fact or law and are harassing or frivolous, and extended these provisions to stalking orders.
The amendment removed the "HOUSE JUDICIARY ENGROSSED" designation and hoghouse warning, changed the bill reference number from 26.55.12 to 26.55.13, and added enrollment signatures and filing provisions.
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