HB 1012 South Dakota House · 2026 Regular Session

revise and repeal provisions allowing probation for contempt of a custody or visitation decree.

HB 1012 revises South Dakota law by removing the option to place individuals on probation for contempt of custody or visitation court orders. The bill repeals sections 25-4A-6 and 25-4A-7, which previously allowed courts to impose probation (up to five years) for violations of custody or visitation decrees. This change means parents who violate these court orders can no longer be given probation; instead, the court must handle contempt through other legal means. The bill directly affects parents who fail to comply with court-ordered custody or visitation schedules.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Jan 2026
Senate Passage
Feb 2026
Signed into Law
Mar 2026
Introduced Jan 13, 2026 Signed Mar 3, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Enrolled · 2 edits · Feb 23, 2026
MINOR
This bill removes the ability for courts to grant probation when a person is found in contempt of a custody or visitation order. Previously, a judge could allow a person to pay fines or perform community service over time instead of immediately enforcing the order. Now, the law requires immediate enforcement without the option of probation.
Scope change
The bill repeals specific sections of the law that allowed for probation in custody and visitation contempt cases, narrowing the scope of judicial discretion in family law enforcement.
ENFORCEMENT

Eliminated the legal provision allowing probation as a penalty for violating custody or visitation orders.

Repealed the section that explicitly stated certain custody laws did not apply to contempt proceedings, which previously enabled probation options.

Floor votes · Senate Feb 20, 2026 · House Jan 22, 2026

How they voted

331
Passed · 1 other
Total votes 35
Feb 20, 2026
D Democratic3
3 Yea
100% Yea
R Republican32
30 Yea 1 Nay 1
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
8
Committee
2
Mar 3, 2026
Signed into law
Signed by the Governor on 2026-03-03 H.J. 480
executive
Feb 24, 2026
Upper · Passed
Signed by the President S.J. 388
upper
Feb 23, 2026
Upper · Passed
Signed by the Speaker H.J. 417
upper
Feb 20, 2026
Upper · Passed
Senate Do Pass , Passed, YEAS 33, NAYS 1 S.J. 346
upper
Feb 19, 2026
Upper · Passed
Judiciary Do Pass , Passed, YEAS 6, NAYS 1 S.J. 26
upper
Jan 23, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 93
upper
Jan 22, 2026
Lower · Passed
House of Representatives Do Pass , Passed, YEAS 67, NAYS 0 H.J. 115
lower
Jan 21, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed, H.J. 1
lower
Jan 21, 2026
Lower · Passed
Judiciary Do Pass , Passed, YEAS 12, NAYS 0 H.J. 1
lower
Jan 13, 2026
Introduced
First read in House and referred to House Judiciary H.J. 13
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.