ENTITLED, An Act to amend provisions relating to violations of no contact orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-10-13 be amended to read as follows:
25-10-13. If a temporary protection order or a protection order is granted pursuant to this chapter
or a foreign protection order recognized pursuant to § 25-10-25 or § 25-10-12.1, or if a no contact
order is issued pursuant to § 25-10-23 or § 25-10-25, 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 a violation of § 22-18-1 or § 22-19A-1, the violation is a Class 6 felony. If a respondent
or person to be restrained has been convicted of, or entered a plea of guilty to, two or more violations
of this section, the factual basis for which occurred after the date of the second conviction, and
occurred within ten years of committing the current offense, the respondent or person to be restrained
is guilty of a Class 6 felony for any third or subsequent offense. Any proceeding under this chapter
is in addition to other civil or criminal remedies.
Section 2. That § 22-19A-2 be amended to read as follows:
22-19A-2. Any person who violates § 22-19A-1 when there is a temporary restraining order, or
an injunction, or a protection order, or a no contact order issued pursuant to § 25-10-23 or § 25-10-25 in effect prohibiting the behavior described in § 22-19A-1 against the same party, is guilty of a
Class 6 felony.
An Act to amend provisions relating to violations of no contact orders.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1150
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1150
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State