State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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715T0524
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HOUSE ENGROSSED NO. SB 141 - 2/28/2012
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Introduced by: Senators Peters, Buhl, Cutler, Holien, Nelson (Tom), and Nygaard and
Representatives Gibson, Abdallah, Blake, Hunhoff (Bernie), Kirkeby, Perry,
Street, and Turbiville
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FOR AN ACT ENTITLED, An Act to revise the legal definition of the term, domestic abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-10-1 be amended to read as follows:
25-10-1. Terms used in this chapter mean:
(1) "Domestic abuse, domestic violence, spousal abuse, battering, family violence, and
intimate violence," physical harm, bodily injury, or attempts to cause physical harm
or bodily injury, or the infliction of fear of imminent physical harm or bodily injury
between family or household members, or a pattern of abusive behaviors by one
partner in an intimate relationship with a person of the opposite sex such as marriage
or cohabitation. Any violation of § 25-10-13 or chapter 22-19A or any crime of
violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the
underlying criminal act is committed between family or household members partners
of the opposite sex in an intimate relationship as defined in this subdivision;
(2) "Family or household members," spouses, former spouses, or persons related by
consanguinity, adoption, or law, persons living in the same household in an intimate
relationship with a person of the opposite sex, persons who have lived together in an
intimate relationship with a person of the opposite sex, or persons who have had a
child together;
(3) "Protection order," an order restraining any family or household member from
committing any act of domestic abuse or an order excluding any family or household
member from the dwelling or residence of another family or household member,
whether or not the dwelling or residence is shared. A protection order has a duration
of five years or less; and
(4) "Temporary protection order," an order restraining any family or household member
from committing any act of domestic abuse or an order excluding any family or
household member from the dwelling or residence of another family or household
member, whether or not the dwelling or residence is shared. A temporary protection
order has a duration of thirty days except as provided in § 25-10-7.1.