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 sealing of protection order files from permissive ("may") to mandatory ("must"), expanding it to cover both dismissed and denied petitions, and adding requirements for courts to notify law enforcement and seal records based on specific findings that petitions were frivolous or abusive. The bill was also substantially revised to apply these same mandatory sealing requirements to a separate statute (chapter 25-10) and to retroactively seal electronically maintained records.
This change converts the bill from the engrossed House Judiciary version to its final enrolled form, removing the legislative process markings and adding official signature pages and attestation language required for final enactment—no substantive changes to the bill's requirement that courts seal protection order petitions dismissed or denied without proper factual or legal basis.
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