2020 Senate Bill 73 - Senate Judiciary

SDLRC - 2020 Senate Bill 73 - SD Legislature exempt certain persons from the requirement to publish name changes.

20.389.10 95th Legislative Session 547

2020 South Dakota Legislature

Senate Bill 73

SENATE JUDICIARY ENGROSSED

This bill has been extensively amended (hoghoused) and may no longer be

consistent with the original intention of the sponsor.

Introduced by: Senator Monroe

An Act to exempt certain persons from the requirement to publish name changes.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

21-37-5.2. Notice and open court requirements--Exception--Name change of victims--Sealed records.

The court may grant an order changing the name of a person without publication of notice or a hearing in open court if all of the following conditions are met:

(1) It appears from the pleadings that the petitioner has been a resident of the county in which the petition is filed for at least six months;

(2) The petitioner is a victim of human trafficking, domestic abuse, or child abuse;

(3) That sufficient basis exists to grant an exception to §§ 21-37-4 and 21-37-5;

(4) That the pleadings disclose if the petitioner has a protection order or restraining order;

(5) It appears to the court that the name change is in the petitioner's best interests; and

(6) The court finds that the name change is not done for the purposes of fraud.

If good cause exists, the court may order all records regarding the petition and order be sealed. The records shall only be opened by a court order based upon showing good cause or at the petitioner's request.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.

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