Changes to Existing Law

26.55.11 26.55.12 101st Legislative Session 1108 2026 South Dakota Legislature House Bill 1108 HOUSE JUDICIARY ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor. Introduced by: Representative Stevens Underscores indicate new language. Overstrikes indicate deleted language. An Act to allow for require the sealing of court files in dismissed upon dismissal or denial of a petition for 1 a protection order cases. 1 order. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 3 Section 1. That a NEW SECTION be added to chapter 22-19A: 3 4 If the court dismisses a petition filed pursuant to § 22-19A-8, either initially or 4 after 22-19A-8 without a hearing held 5 pursuant to § 22-19A-10, the clerk of court may then grant must immediately seal the immediate 5 sealing of petition and any 6 supporting documents in the court file containing the petition. 6 case. 7 Section 2. That a NEW SECTION be added to chapter 22-19A: 8 If the court denies a petition filed pursuant to § 22-19A-8 after a hearing pursuant 9 to § 22-19A-10, the court must seal the case upon a finding on the record that the petition 10 was filed with no basis in fact or law and was harassing, frivolous, or abusive in nature. 11 The court shall notify law enforcement of any sealing order issued pursuant to this 12 section. Upon notification, law enforcement must make any record of the petition 13 nonpublic. 14 Section 3. That a NEW SECTION be added to chapter 25-10: 7 15 If the court dismisses a petition filed pursuant to § 25-10-3, either initially or after 8 25-10-3 without a hearing held 16 pursuant to § 25-10-4, the clerk of court must immediately seal the petition and any 17 supporting documents in the case. 18 Section 4. That a NEW SECTION be added to chapter 25-10: 19 If the court denies a petition filed pursuant to § 25-10-3 without a hearing held 20 pursuant to § 25-10-4, the court may then grant must seal the immediate case upon a finding on the record that the 21 26.55.12 2 1108 Underscores indicate new language. Overstrikes indicate deleted language. petition was filed with no basis in fact or law and was harassing, frivolous, or abusive in 1 nature. 2 The court shall notify law enforcement of any sealing order issued pursuant to this 3 section. Upon notification, law enforcement must make any record of 9 the petition 4 nonpublic. 5 Section 5. The Unified Judicial System shall apply the provisions of sections 1 and 3 of this 6 Act retroactively to all court file containing the petition. 10 records maintained electronically. 7

26.55.12 26.55.13 101st Legislative Session 1108 2026 South Dakota Legislature House Bill 1108 HOUSE JUDICIARY ENGROSSED This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor. Introduced by: Representative Stevens Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require the sealing of court files upon dismissal or denial of a petition for 1 a protection order. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That a NEW SECTION be added to chapter 22-19A: 4 If the court dismisses a petition filed pursuant to § 22-19A-8 without a hearing 5 pursuant to § 22-19A-10, the clerk of court must immediately seal the petition and any 6 supporting documents in the case. 7 Section 2. That a NEW SECTION be added to chapter 22-19A: 8 If the court denies a petition filed pursuant to § 22-19A-8 after a hearing pursuant 9 to § 22-19A-10, the court must seal the case upon a finding on the record that the petition 10 was filed with no basis in fact or law and was harassing, frivolous, or abusive in nature. 11 The court shall notify law enforcement of any sealing order issued pursuant to this 12 section. Upon notification, law enforcement must make any record of the petition 13 nonpublic. 14 Section 3. That a NEW SECTION be added to chapter 25-10: 15 If the court dismisses a petition filed pursuant to § 25-10-3 without a hearing held 16 pursuant to § 25-10-4, the clerk of court must immediately seal the petition and any 17 supporting documents in the case. 18 Section 4. That a NEW SECTION be added to chapter 25-10: 19 If the court denies a petition filed pursuant to § 25-10-3 without a hearing held 20 pursuant to § 25-10-4, the court must seal the case upon a finding on the record that the 21 26.55.12 26.55.13 2 1108 Underscores indicate new language. Overstrikes indicate deleted language. HB1108 ENROLLED petition was filed with no basis in fact or law and was harassing, frivolous, or abusive in 1 nature. 2 The court shall notify law enforcement of any sealing order issued pursuant to this 3 section. Upon notification, law enforcement must make any record of the petition 4 nonpublic. 5 Section 5. The Unified Judicial System shall apply the provisions of sections 1 and 3 of this 6 Act retroactively to all court records maintained electronically. 7 26.55.13 3 1108 HB1108 ENROLLED An Act to require the sealing of court files upon dismissal or denial of a petition for a protection order. I certify that the attached Act originated in the: House as Bill No. 1108 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1108 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State