South Dakota law enforcement authorities are no longer releasing vehicle crash information because doing so could violate a constitutional amendment approved by voters this month.
The state’s Department of Public Safety suspended access to an online crash report database after the ballot measure known as Marsy’s Law went into effect following the Nov. 8 election. The Sioux Falls Police Department is also not releasing crash reports and is considering whether to continue posting online a 30-day log of calls for service.
Constitutional Amendment S gives victims the right to privacy, protection from harassment or abuse, and timely notice of trial, sentencing and post-judgment proceedings. The law is named for California college student Marsalee “Marsy” Nicholas, who was stalked and killed in 1983 by an ex-boyfriend. Her brother, Henry Nicholas, bankrolled the effort to expand it to South Dakota.
The amendment includes a provision that gives victims “the right to prevent disclosure of information or records that could be used to locate or harass the victim or the victim’s family.” Crash reports typically include the addresses of the parties involved.
Scott Hoy, a Sioux Falls attorney who represents clients in personal injury lawsuits, told the Argus Leader that he expects attorneys will be able to acquire the reports, but at a much slower pace. He said people filing damage or medical claims could face delays in medical payments leading to personal debts being sent to collections agencies and the need for an attorney to step in.
Attempts to obtain a crash report from the South Dakota Department of Public Safety’s accident records website are met with a notification stating that “due to the passage and enactment of Amendment ‘S’ to the South Dakota constitution, also known as ‘Marsy’s Law,’ the sale of South Dakota motor vehicle crash reports to all parties has been suspended until further notice.”
Sioux Falls Police spokesman Sam Clemens says the department is evaluating whether its online log of calls, which lists addresses where incidents have taken place, can continue to be made available.
Minnehaha County Sheriff Mike Milstead told KELO-TV that law enforcement authorities still don’t know whether they are allowed to release the location of crimes or any details at all.
“How can we inform the public on these areas, if now it appears that this is prohibited?” Milstead said.
Topics Auto
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