21.506.15 96th Legislative Session 400
ENTITLED 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. Conservation officers--Entering private land--Liability.
Nothing contained in this Act creates criminal or civil liability for a conservation officer.
An Act to restrict the entry of conservation officers onto certain private land without permission.
I certify that the attached Act originated in the:
Speaker of the House
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2021 at ____________M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2021
Filed ____________, 2021
at _________ o'clock __M.
Secretary of State
Asst. Secretary of State