South DakotaCourts would seal some protection order petition records
Courts would seal some protection order petition records, including those dismissed without a hearing and certain denied petitions that meet specific findings.
What it does
When a court dismisses either kind of protection order petition without a hearing, the clerk must quickly seal the petition and its supporting papers.
After a hearing, the court must seal a denied petition only if it finds on the record that the petition lacked any factual or legal basis and was harassing, frivolous, or abusive.
The court must seal a denied petition without a hearing only if it finds on the record that the petition lacked any factual or legal basis and was harassing, frivolous, or abusive.
Argument forSealing petitions dismissed without a hearing could help people keep those court records from public view, including records kept electronically.
Argument againstMaking law enforcement records nonpublic could limit access to information about petitions, even when a court seals a case after finding it was abusive or baseless.
More detail
The court clerk must seal the petition and supporting papers right away when the court dismisses it without a hearing. This applies to petitions filed under chapters 22-19A and 25-10 that the court dismisses without a hearing. The clerk must seal the records immediately after dismissal; the Judicial System must apply this rule retroactively to electronically maintained records.
The court must seal the case after denying a petition following a hearing and making the required finding. This applies to petitions filed under chapter 22-19A that the court denies after a hearing. The court must find on the record that the petition had no basis in fact or law and was harassing, frivolous, or abusive.
The court must seal the case after denying a petition without a hearing and making the required finding. This applies to petitions filed under chapter 25-10 that the court denies without a hearing. The court must find on the record that the petition had no basis in fact or law and was harassing, frivolous, or abusive.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 578Became Law
- Mar 11Delivered to the Governor on 2026-03-11 H.J. 556To Governor
- Mar 10Signed by the President S.J. 512Passed Senate
- Mar 9Signed by the Speaker H.J. 542Passed House
- Mar 5Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 482
- Vote recorded Do Pass Amended. Result: pass.Upper
- Mar 3Judiciary Do Pass , Passed, YEAS 7, NAYS 0 S.J. 33Minor
- Vote recorded Do Pass. Result: pass.Upper
- Mar 3Scheduled for hearing S.J. 1
- Feb 20Referred to Senate Judiciary S.J. 340Minor
- Feb 19First Reading Senate S.J. 311
- Feb 18House of Representatives Do Pass Amended , Passed, YEAS 58, NAYS 9 H.J. 360
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 11Judiciary Do Pass Amended , Passed, YEAS 10, NAYS 1
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 11Judiciary Motion to amend , Passed, Amendment 1108AMajor
- Feb 11Scheduled for hearing H.J. 1
- Jan 22First read in House and referred to House Judiciary H.J. 113Introduced
Criminal JusticeCivil Rights & VotingConsumer Protection