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State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
| 664N0717 |
HOUSE JUDICIARY COMMITTEE ENGROSSED
NO.
HB 1222
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02/09/2007
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Introduced by:
Representatives Gillespie, Dykstra, Engels, and Rave and Senators Albers and
Heidepriem
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FOR AN ACT ENTITLED, An Act to
clarify certain provisions relating to petitions for
protection orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-19A-8 be amended to read as follows:
22-19A-8. There exists an action known as a petition for a protection order in cases of stalking
or
, in cases of
physical injury as a result of an assault
,
or
in cases of
a crime of violence
as defined in subdivision 22-1-2(9). Procedures for the action are as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-19A-8 be amended to read as follows:
22-19A-8. There exists an action known as a petition for a protection order in cases of stalking
(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 or physical injury
as a result of
an assault or in cases where a crime of violence
is alleged;
(2)
A petition shall allege the existence of
(a)
stalking or
(b)
physical injury
as a result
of an assault or (c) a crime of violence,
and shall be accompanied by an affidavit
made under oath stating the specific facts and circumstances of the stalking or
the
physical injury
as a result of an assault or crime of violence
;
(3)
A petition for relief may be made whether or not there is a pending lawsuit,
complaint, petition, or other action between the parties.
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.
