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Bill > SB5


SD SB5

SD SB5
Permit a sheriff to charge a fee for service of process, whether service is completed or not.


summary

Introduced
01/14/2025
In Committee
01/29/2025
Crossed Over
01/21/2025
Passed
01/30/2025
Dead
Signed/Enacted/Adopted
02/11/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED An Act to permit a sheriff to charge a fee for service of process, whether service is completed or not.

AI Summary

This bill amends South Dakota law to explicitly allow sheriffs to charge a fee for service of process (legal documents like summons, warrants, or citations) even if the service is not ultimately completed. Specifically, the bill modifies an existing statute that outlines sheriff fees, updating section 7-12-18 to clarify that for any process submitted to be served, the sheriff can charge up to fifty dollars, regardless of whether the service is successfully executed. The bill maintains existing provisions that limit sheriffs to charging only one fee for multiple processes served on the same person at the same time, and stipulates that these fees must be used for law enforcement purposes. This change provides sheriffs with more consistent compensation for their attempts to serve legal documents, recognizing the time and effort involved in locating and attempting to serve legal papers, even when those attempts do not result in successful service.

Committee Categories

Justice

Sponsors (23)

Last Action

Signed by the Governor on February 11, 2025 S.J. 224 (on 02/11/2025)

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