AN ACT
ENTITLED, An Act
to provide for protection orders in cases of stalking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
There exists an action known as a petition for a protection order in cases of stalking. Procedures
for the action are as follows:
(1) A petition under this section may be made against any person who violates
§
22-19A-1
or against any other person against whom stalking is alleged;
(2) A petition shall allege the existence of stalking and shall be accompanied by an affidavit
made under oath stating the specific facts and circumstances of the stalking;
(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint,
petition, or other action between the parties;
(4) If a petitioner files an affidavit with the petition stating that the petitioner does not have
the funds available to pay the cost of filing and service, the petition shall be filed and
served without payment of costs. If a petition is filed and served without payment of
costs, the court shall determine at the hearing described in section 4 of this Act if the
petitioner is indigent. If the court finds that the petitioner is not indigent, the court may
order the petitioner to pay the costs of filing and service.
The clerk of the circuit court shall make available standard petition forms with instructions for
completion to be used by a petitioner. The attorney general shall prepare the standard petition form.
Section 2. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
A petition for relief under this Act may be filed in circuit court. Venue lies where any party to
the proceedings resides.
Section
3.
That chapter 22-19A be amended by adding thereto a NEW SECTION to read as
follows:
Upon receipt of the petition, the court shall order a hearing which shall be held not later than
thirty days from the date of the order. Personal service of the petition, affidavit, and notice for
hearing shall be made on the respondent not less than five days prior to the hearing.
Section 4. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has
taken place, the court may provide relief as follows:
(1) Restrain any party from committing acts of stalking;
(2) Order other relief as the court deems necessary for the protection of the person seeking
the protection order, including orders or directives to law enforcement officials.
Any relief granted by the order for protection shall be for a fixed period and may not exceed
three years.
Section 5. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
If an affidavit filed with an application under this Act alleges that immediate and irreparable
injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard
in opposition, the court may grant an ex parte temporary protection order pending a full hearing and
granting relief as the court deems proper, including an order restraining any person from committing
acts of stalking. An ex parte temporary protection order is effective for a period of thirty days. The
respondent shall be personally served forthwith with a copy of the ex parte order along with a copy
of the petition, affidavit, and notice of the date set for the hearing.
Section 6. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
The court may not require an undertaking or other security of any party to a petition for an order
of protection other than in exceptional circumstances.
Section 7. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Upon application, notice to all parties, and hearing, the court may modify the terms of an existing
order for protection.
Section 8. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
The petitioner may deliver an order for protection granted pursuant to this Act within twenty-four
hours to the local law enforcement agency having jurisdiction over the residence of the petitioner.
Each appropriate law enforcement agency shall make available to other law enforcement officers
information as to the existence and status of any order for protection issued pursuant to this Act.
Section 9. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
Section 9. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:
If a temporary protection order or a protection order is granted pursuant to this Act, and the
respondent or person to be restrained knows of the order, violation of the order is a Class 1
misdemeanor. If any violation of this section constitutes an assault pursuant to
§
22-18-1.1, the
violation is a Class 6 felony. Any proceeding under this Act is in addition to other civil or criminal
remedies.
An Act to provide for protection orders in cases of stalking.
An Act to provide for protection orders in cases of stalking.
|
I certify that the attached Act originated in the
SENATE as
Bill
No.
106
|
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
106
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
