An Act to restrict the entry of conservation officers onto certain private land without permission.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

41-2-48. Conservation officers--Entering private land--Prohibition--Exceptions.

No conservation officer may, in the course of performing the duties of a conservation officer, enter any private land unless the conservation officer has a warrant or has the explicit or implied permission of the landowner or lessee. However, any conservation officer may enter any private land without permission:

(1) If reasonable suspicion or probable cause exists that a violation of a law that the conservation officer is authorized to enforce has been, is being, or is about to be committed on the private land;

(2) To dispatch crippled or distressed wildlife the conservation officer has personally and lawfully observed on the private land; or

(3) To respond to emergency situations, accidents, or other threats to public safety occurring on the private land.

Section 2. That a NEW SECTION be added:

41-2-49. No criminal or civil liability for a conservation officer.

Any evidence obtained pursuant to a search or seizure conducted in violation of this Act is inadmissible in any administrative or judicial proceeding.

Any arrest made pursuant to a search or seizure conducted in violation of this Act is invalid.

Nothing contained in this Act creates criminal or civil liability for a conservation officer.