26.56.9 101st Legislative Session 1109

2026 South Dakota Legislature

House Bill 1109

Introduced by: Representative Stevens

An Act to allow for the expungement of records pertinent to dismissed protection order cases.

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

Section 1. That a NEW SECTION be added to chapter 22-19A:

If the court dismisses a petition filed pursuant to § 22-19A-8, either initially or after a hearing held pursuant to § 22-19A-10, the court may then grant the expungement, as defined by § 23A-3-26, of all records pertinent to the court file, including any on file with the Department of Social Services.

Section 2. That a NEW SECTION be added to chapter 25-10:

If the court dismisses a petition filed pursuant to § 25-10-3, either initially or after a hearing held pursuant to § 25-10-4, the court may then grant the expungement, as defined by § 23A-3-26, of all records pertinent to the court file, including any on file with the Department of Social Services.

Underscores indicate new language.

Overstrikes indicate deleted language.