2013 Senate Bill 147 - House

State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

349U0346   HOUSE ENGROSSED    NO.  SB 147 -  02/27/2013  

Introduced by:    Senators Tieszen, Adelstein, Begalka, Bradford, Brown, Buhl, Holien, Hunhoff (Jean), Johnston, Kirkeby, Krebs, Lucas, Monroe, Peters, Soholt, Tidemann, and Vehle and Representatives Lust, Cammack, Campbell, Craig, Cronin, Dryden, Gibson, Hajek, Hoffman, Hunhoff (Bernie), Kaiser, Magstadt, Miller, Novstrup (David), Qualm, Rozum, Solum, and Verchio
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions relating to domestic abuse and protection orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 25-10-1 be amended to read as follows:
    25-10-1. Terms used in this chapter mean:
            (1)    "Domestic abuse," physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury between family or household members. Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between family or household members;
            (2)    "Family or household members," spouses, former spouses, or persons related by consanguinity, adoption, or law, persons living in the same household, persons who

have lived together, or persons who have had a child together member," any two persons who share one of the following relationships:

            (a)    Spouse;
            (b)    Former spouse;
            (c)    Persons of the opposite sex who are or have been living in the same household;
            (d)    Persons who have had a child together or are expecting a child together;
            (e)    Parent and child, including relationship by adoption, guardianship, or marriage;
            (f)    Grandparent and grandchild; and
            (g)    Siblings, whether of the whole or half blood, including relationship through adoption or marriage;
            (3)    "Protection order," an order restraining any family or household member from committing any act of domestic abuse or an order excluding any family or household member from the dwelling or residence of another family or household member, whether or not the dwelling or residence is shared. A protection order has a duration of five years or less; and
            (4)    "Temporary protection order," an order restraining any family or household member from committing any act of domestic abuse or an order excluding any family or household member from the dwelling or residence of another family or household member, whether or not the dwelling or residence is shared. A temporary protection order has a duration of thirty days except as provided in § 25-10-7.1.

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