South Dakota 2022 Regular Session

South Dakota Senate Bill SB199

Introduced
2/2/22  
Refer
2/2/22  
Report Pass
2/15/22  
Engrossed
2/22/22  
Refer
2/24/22  
Report Pass
2/28/22  
Enrolled
3/1/22  

Caption

Revise provisions related to a name change for certain crime victims.

Impact

If enacted, SB199 is likely to impact state laws regarding the name change process, specifically by amending existing statutes to allow for more flexible and supportive measures for crime victims. By providing for the possibility of sealed records and new birth certificates that do not disclose previous names, the bill seeks to enhance privacy and safety for those who have been subjected to abusive situations. Such changes may also streamline judicial procedures concerning name changes, reducing the burdens that victims face while navigating the legal system after experiencing trauma.

Summary

Senate Bill 199 aims to enhance the legal process for name changes specifically for victims of certain crimes, including human trafficking and domestic abuse. Within the provisions, it allows courts to grant name changes without the usual requirements of public notice or a hearing, provided that the petitioner demonstrates a particularized need for the change. This is particularly designed to offer protection for victims, shielding them from their perpetrators by facilitating anonymity through a new name. The bill reflects an effort to safeguard the rights and dignity of vulnerable individuals seeking to reclaim their lives following traumatic experiences.

Sentiment

The sentiment around SB199 appears to be predominantly positive, particularly among advocacy groups focused on women's rights and victim support services. Many legislators expressed strong support for the bill, highlighting its potential to empower individuals who have suffered from abuse and exploitation. However, there may be concerns related to the balance of privacy rights versus public record accessibility, as some may argue that the sealing of certain records could hinder transparency in judicial processes. Nonetheless, the general atmosphere surrounding the bill has been one of understanding and compassion towards victims’ needs.

Contention

Notable points of contention regarding SB199 center on the implications of altering the name change process in terms of legal transparency. While supporters advocate for the protective measures afforded to victims, critics may question whether this could be seen as compromising the public's right to know or could lead to complications in other legal contexts. Furthermore, ensuring that such changes are appropriately handled by the courts remains crucial, as stakeholders emphasize the importance of due diligence when granting these exceptions. The bill attempts to navigate these challenges by emphasizing judicial discretion, yet discussions surrounding its execution will likely continue as it moves through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

SD SB199

Revise provisions pertaining to the consolidation or boundary changes of counties.

SD AB488

Revises provisions relating to criminal convictions of certain victims. (BDR 14-873)

SD AB257

Revises provisions relating to forensic medical examinations of certain victims of certain crimes. (BDR 16-839)

SD AB408

Revises provisions relating to victims of crime. (BDR 16-587)

SD AB160

Revises provisions governing the sealing of certain criminal records. (BDR 14-634)

SD AB160A

Revises provisions governing the sealing of certain criminal records. (BDR 14-634)

SD AB329

Revises provisions relating to victims of crime. (BDR 16-1050)

SD HB1268

Revise provisions related to name changes when obtaining a marriage license.

SD SB140

Revise certain provisions relating to voter registration.

SD HB1106

Revise certain provisions pertaining to poll watchers.

Similar Bills

No similar bills found.