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 significantly STRENGTHENS the bill by changing it from merely allowing courts to seal dismissed protection order files to REQUIRING immediate sealing of dismissed petitions and adding a new mandate to seal denied petitions when the court finds them frivolous or abusive, while also requiring law enforcement notification and making their records nonpublic. The bill was substantially rewritten (flagged as "hoghoused") to expand protections by covering both dismissals and denials across two separate protection order statutes (domestic abuse and stalking/harassment orders).
This change converted the bill from its engrossed (amended) form back to its enrolled (final passed) form, removing the warning that the bill had been "extensively amended (hoghoused)" and restoring the original legislative intent to require sealing of court files for dismissed or denied protection order petitions in both domestic abuse and harassment contexts. The substantive policy provisions remain unchanged; this is a procedural transition to finalize the bill for the Governor's signature.
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