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Committee moves to seal some frivolous protection‑order records amid fairness concerns

South Dakota Legislature, Senate Judiciary Committee · February 27, 2026

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Summary

HB 1108 would allow courts to seal protection‑order petitions that were never served or that a judge found frivolous or abusive; sponsors and the Unified Judicial System said sealing will prevent misuse and protect individuals from lingering public allegations.

Representative Brent Stevens told the committee HB 1108 addresses situations where protection‑order petitions become public record despite never being served or where the court later finds the petition was filed without basis. "If the court finds the petition was filed with no basis in fact or law and was harassing, frivolous, or abusive in nature, then the court can seal that record," Stevens said.

Greg Sattazon of the Unified Judicial System described how unserved filings can surface in background checks and cause unexpected harm, and said that, if enacted, UJS would retroactively seal qualifying records going back to 1989. Supporters including trial lawyers and advocacy organizations urged the committee to pass the bill, which the panel approved and sent to the floor with a due‑pass recommendation; the committee asked that the bill not be placed on consent to allow floor discussion.

Proponents stressed the bill does not undermine legitimate protection orders, which remain available to protect victims; instead it targets misuse and false filings that can damage reputations and livelihoods.