Chapter 74

(House Bill 1107)

An Act to establish a process for requesting records prepared or maintained by court services officers.

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

Section 1. That § 23A-27-47 be AMENDED:

23A-27-47. Records prepared or maintained by court services officers are confidential. However, such records may be inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties and to persons specifically authorized by order of the court. The court may order that the records be provided to a person on its own motion. Records received by a person pursuant to court order must be held confidential by the receiving party unless otherwise authorized by the court.

Section 2. That chapter 23A-27 be amended with a NEW SECTION:

If, in connection with a judicial proceeding, a person not authorized by court order pursuant to § 23A-27-47 seeks confidential records prepared or maintained by a court services officer or testimony from a court services officer on the records, the person must file a motion with the court. The motion must state the issue to which the records or testimony is relevant, how the records or testimony is admissible, and the reason why the records or testimony cannot be obtained elsewhere. The motion must be served on the parties and the court services officer who prepared or maintained the records or whose testimony is being sought. The court shall set a hearing on the motion. The moving party shall comply with § 23A-41-4.

Signed February 14, 2022

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.