Chapter 82

(House Bill 1272)

An Act to revise provisions related to counseling for domestic abuse defendants.

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

Section 1. That § 25-10-5.1 be AMENDED:

25-10-5.1. If a court places a defendant on probation upon receiving a verdict or plea of guilty for a crime involving domestic abuse, the court shall order that a condition of the defendant's probation is that he the defendant attend family violence domestic abuse counseling. Failure to attend family violence domestic abuse counseling is a violation of the defendant's probation. Domestic abuse counseling includes issues of power and control, accountability, emotional regulation, or cognitive work addressing errors in thinking. The court may recommend individual or group counseling meeting the requirements of domestic abuse counseling, where available.

Signed March 18, 2022