2022 House Bill 1107 - SD Legislature establish a process for requesting records prepared or maintained by court services officers.

2022 South Dakota Legislature

House Bill 1107

ENROLLED

An Act

ENTITLED 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.

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

I certify that the attached Act originated in the:

House as Bill No. 1107

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1107

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2022 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2022

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2022

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State

Statutes affected:
Introduced, 01/21/2022: 23A-27-47
Enrolled: 23A-27-47