State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
HOUSE JUDICIARY ENGROSSED NO. SB 149 - 2/27/2012
Introduced by: Senators Cutler, Buhl, Haverly, Kraus, Krebs, Novstrup (Al), Peters, and
Vehle and Representatives Novstrup (David), Blake, Conzet, Elliott, Hansen
(Jon), Kirkeby, and Stricherz
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the conditional
release of persons charged with domestic abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-10-41 be amended to read as follows:
25-10-41. In determining the conditions of release under § 25-10-40, the court shall consider
the following conditions and may impose any condition it considers reasonably necessary to
protect the alleged victim of domestic abuse, including ordering the defendant:
(1) Not to subject the victim to further domestic abuse;
(2) To vacate the home of the victim;
(3) Not to contact the victim other than through counsel;
(4) To engage in counseling;
(5) To refrain from the consumption of alcohol or the use of drugs;
(6) To post bond pursuant to § 25-10-23.
As used in this section, the term "domestic abuse" means a violation of § 22-18-1 or 22-18-
1.1 if the victim is a family or household member.
Section 2. That § 25-10-40 be amended to read as follows:
25-10-40. No police officer or sheriff may release a person charged with assaulting a family
or household member, as defined in subdivision 25-10-1(2), or violating a protection order, as
provided for in this chapter, without providing notice to a committing magistrate judge or circuit
court. A committing magistrate judge or circuit court shall determine if bond or other conditions
of release are necessary for the protection of the alleged victim.
If the defendant is released without bond, a condition of no contact with the victim shall be
stated and incorporated into the terms of the conditional release. Willful violation of any such
no contact provision is a Class 1 misdemeanor.